COVID-19 Update

Changes to government guidance on physical activity and sport were announced on 26 June 2020 and came into effect on 4 July 2020 across England.

Since the announcement, national governing bodies (NGBs) have been working alongside the Department for Culture Media and Sport (DCMS) to interpret the new guidance for their individual sports and setting out sport-specific advice for individuals, clubs and local authorities.

For a summary of the sport-specific guidance published by NGBs regarding COVID-19, specifically in relation to the re-introduction and return to sport and physical activity in England, please visit the London Sport page here:

https://londonsport.org/covid-19/return-to-sport-and-physical-activity-guidance/
The London Sport page will be updated regularly, with more regular updates shared on ours, London Sport, and the relevant NGBs’ social media.

Runsana Terms of Service

Effective Date: April 1, 2021

Welcome to Runsana. We want you to know and understand your rights and our rights relating to the provision of the Services (as defined below). Please review them carefully. Here are a few highlights:

Terms of Service

The Runsana websites, related mobile applications and services (collectively, the “Services”) are made available to you by Fitech Solutions Ltd. with its address at 26a Wordsworth Avenue, London, UB6 9AB, United Kingdom, subject to these Terms of Service (the “Terms”) and in accordance with the Runsana Privacy Policy (the “Privacy Policy”). More information about the Services may be found at https://runsana.com. You agree to comply with these Terms and any supplemental terms which Runsana makes available to you on the Services which shall form part of the Terms. The Services are operated by Fitech Solutions Ltd., trading as “Runsana” (“We”, “Our” or “Us”). We are a limited company registered in England and Wales under registration number 13215303. Our registered office is 26a Wordsworth Avenue, London, UB6 9AB, United Kingdom.

We are an Agent that acts on behalf of suppliers, operators or owners of sports venues, facilities, clubs, activities, coaches, referees and/or umpires, leagues, ladders and tournaments and their agents ("Facilities") and also on behalf of the Users using the Services ("Users").

BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE THESE TERMS AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THE THESE TERMS AND PRIVACY POLICY, DO NOT ACCESS OR USE THE SERVICES.

This agreement was written in English. To the extent a translated version of the Terms conflict with the English version, the English version controls.

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.

The Runsana Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Runsana processing data about you, and other Runsana Users, including your location data. Processing of the data you share with Runsana, including location data, is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.

Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and Runsana are resolved, including an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against Runsana on an individual basis, unless you opt-out in accordance with the instructions below.

Registration and Accounts

To use the Services, you must register. You agree to: (a) provide true, accurate, current and complete information about yourself (“User Data”) and (b) maintain and promptly update the User Data. You agree that Runsana may use your User Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any User Data that is inaccurate or not current, or Runsana has reasonable grounds to suspect that such User Data is inaccurate or not current, Runsana has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.

You are solely responsible for maintaining the confidentiality of 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 unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Runsana of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to User Data and any other information or content you provide to Runsana.

You may register for or log-in to your account via a third-party network, such as Facebook, Google or Apple. If you do so, you hereby authorize Runsana to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

By virtue of certain of the Services connecting to the Google Maps API, you hereby agree to be bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy) in connection with your use of such Services.

Booking Conditions

Our Services help you to find sports activities, partners, and locations and to make reservations for these activities through our mobile application or website for services and products delivered by suppliers for whom Runsana acts as Agent. When you make a booking, you are entering into a contract with suppliers via Fitech Solutions Ltd, trading as "Runsana", not with Fitech Solutions Ltd itself.

As such when making a booking or when a booking is made on your behalf for a sports Facility it is your responsibility to seek out and familiarise out the terms for that sports Facility in the instance that they are not otherwise provided to you. Runsana does not endorse the venues or venue owners for physical meetings, events or bookings arranged on the Services between Users. In addition, Runsana does not attempt to confirm, and do not confirm, venue owner's purported identity. The User is responsible for determining the identity and suitability of others whom you contact via the Services.

As the Services act as an interface in your transactions with suppliers in the sport industry, you must be legally authorised to enter into contractual obligations and have the requisite consent or authority to act for or on behalf of any persons included in such transactions. If you are under the age of 18, you must not use the Services or submit personal information unless you have the consent of, and are supervised by, a parent or guardian. You warrant that all data provided by you is accurate and you guarantee the accuracy of any information entered on the Services by you in relation to a transaction, booking or person whom you represent.

Any bookings made by you or on your behalf with third party suppliers (who are not Affiliates) will be governed by the terms and conditions of such third-party suppliers. Any bookings made by you or on your behalf through the Services with Affiliates will be governed by these Terms and any other legal notices contained on the Runsana website and mobile application or any other specific sales terms and conditions which are on the Runsana website or mobile application and which We draw your attention to during or after the booking process.

Liability for bookings

Runsana is not responsible for and disclaims any and all liability related to any and all bookings for our suppliers’ Facilities. Accordingly, any bookings that are made by you or on your behalf as a result of using the Services are done so at your own risk and when accepting or making a booking you accept all liability for any losses or damages that occur at a Facility as a direct or indirect result of a booking you make or which is made on your behalf as a result of you using the Services for the Facility.

Runsana shall not in any circumstances have any liability for any losses or damages which may be suffered by the supplier (or any person claiming under or through the supplier), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories:

Payments and Fees

Fees & Purchases

In order to access certain functionality of the Services, you may be required to pay certain fees or pay the amount indicated equivalent to the value of the goods or services purchased via the Services and as indicated on the Services. All fees, along with any required taxes, must be paid in advance. You agree to pay the fees, and other charges you incur in connection with your Runsana account. Runsana reserves the right to increase fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

Pricing, Changes to Bookings and Cancellations

All refunds and cancellations are subject to the Facility’s terms. In general, there are no refunds granted for the cancellation of bookings. A change in time, partial refund or refund is subject to the venue policy and may be granted at the absolute discretion of the Facility.

There may be unforeseen changes to the availability of a slot after a booking has been paid for via the site. In these cases We will do all that is reasonably possible to find an alternative slot, and if none can be found that you would like to accept, a full refund will be processed within 5 business days.

The Facility may cancel or move a booking at any time for reasons beyond Our control. In these instances we will make every effort to gain a refund on behalf of the booker or move the booking to a suitable time that you would like to accept.

The price for bookings may change at any time and the information provided on the Services may not be correct. We will make every effort to ensure that the correct pricing is provided at the time of booking, but cases may occur when the Facility amends their pricing before a booking has started. As such it is our responsibility to pass on the price difference but we accept no liability for any change in price.

As an Agent We reserve the right to charge a non-refundable booking fee to cover our expenses, including (but not limited to) card handling fees.

Payments

To pay any fee or purchase services and/or goods, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes, Apple Pay or Google Play, or any other payment method made available by Runsana) (the “Payment Method”). If you provide your payment information, you authorize us and certain third-party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You may switch to a different Payment Method or update your information from within the mobile application. If you paid through the Google Play, Apple Pay or iTunes store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by Runsana, 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 email at contact@runsana.com.

Withdrawals

Withdrawal of funds from the Runsana wallet can be requested through the mobile app (by navigating to Profile → Wallet → Withdrawal Request) or by sending a request via email at contact@runsana.com.

Runsana reserves the right to charge a transaction fee for withdrawal of funds from the Runsana wallet in order to cover the expenditures associated with the withdrawal operation and with the initial top-up operation associated with the withdrawn money. The transaction fee is charged by the payment gateway (Stripe) when you top up your wallet, and not by Runsana. This is the commission paid to the payment gateway for providing a secure environment to complete your transaction. According to the payment gateway’s policy, this fee is not refundable. The transaction fees are dependent on the amount and on the type of card utilised and can be reviewed on the payment gateway’s web page.

All withdrawals are processed to the same payment method that the initial top-up has been made. Runsana does not transfer funds to other bank accounts for security reasons.

Account Cancellation

You can delete your account at any time.

In the situation that funds are available in your virtual wallet on the Services, you must ensure that the funds are withdrawn from the virtual wallet prior to deleting your account.

Content and Conduct

Content

You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third-party API (e.g. a photograph submitted via Facebook). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or your account.

You understand that you, and not Runsana, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Runsana does not routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. Runsana may, in its sole discretion, screen, monitor, hide, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Runsana be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.

You agree that Runsana is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and Runsana, any Content will be non-confidential and non-proprietary, and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Runsana is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Runsana in a position that is any different from the position held by members of the general public, including with regard to your Content. Your Content will not be subject to any obligation of confidence on the part of Runsana other than as set forth in our Privacy Policy and your privacy controls, and Runsana will not be liable for any use or disclosure of any Content you provide.

The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select Users of the Services. Runsana will maintain the privacy of such Content in accordance with your elections. However, if you do not elect to mark your Content as private or available for a limited group of users, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content. Please review our Privacy Policy for more information on how to manage your privacy controls.

You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third-party products, services, or devices, in ads, offers and other commercial contexts on the Runsana service without compensation to you. For example, we may show your Runsana friends or followers that you use a certain device, product, or service available from a brand that has paid us to display its ads on Runsana. You may adjust settings to prevent your profile name and profile photo from appearing in an ad.

Conduct

We expect you to honour the Runsana Community Standards as described on the Runsana website (https://runsana.com/communitystandards). The Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:

1. Copying, framing or mirroring any part of the Services;

2. Accessing the Services to monitor its availability, performance or functionality;

3. Permitting any third party to access the Services;

4. Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Runsana;

5. Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);

6. Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Runsana internet protocol space;

7. Avoiding payment of charges or fees payable by you with respect to the Services;

8. Committing any act that may be harmful to minors;

9. Distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;

10. Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Runsana than a human can reasonably produce in the same period of time by using a conventional web browser or the mobile application;

11. Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

12. Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services;

13. Using the Services for any inappropriate commercial solicitation purposes;

14. Accessing any content on the Services through any technology or means other than those provided or authorized by the Services;

15. Submitting to the Services or to Runsana any personally identifiable information, except as necessary for the establishment and operation of your account;

16. Submitting to the Services or to Runsana any information that may be protected from disclosure by applicable law;

17. Bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;

18. Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;

19. Removing any copyright, trademark or other proprietary rights notices contained in or on the Services; or

20. Executing any form of network monitoring or running a network analyser or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.

You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial use only, provided such link does not portray Runsana or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the Services for your personal, non-commercial use, solely as described on the Services. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.

You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., GPS systems). While Runsana may recommend the equipment or materials of certain third-party suppliers, Runsana shall have no responsibility for your acquisition or use of any third-party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.

You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.

You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.

Interactions with Users

The Services function as a venue to connect Users in a virtual information place. As a neutral facilitator, Runsana is not directly involved in the actual interactions between Users using the Services. As a result, Runsana has no control over the truth, accuracy, quality, legality, or safety of postings made by Users using the Services. Runsana shall have no responsibility to confirm the identity of Users. Runsana shall also have no responsibility to confirm or verify the qualifications, background, or abilities of Users using the Services. You shall at all time exercise common sense and good judgment when dealing with any Users using the Services. Runsana only provides tools that enable Users to arrange physical meetings or events. Runsana does not supervise these meetings or events and are not involved in any way with the actions of any individuals at these meetings or events. Runsana does not supervise or control the meetings or events organised between Users on the Services.

If you elect to use our features to inform your contacts about the Services, track your activities via Runsana, or share your information with others, Runsana may require you to provide contact information. Runsana may contact that friend via a one-time email or text message. You represent that you are authorized to provide any third-party contact information that you provide to Runsana, that you are authorized to use such information to contact (including for Runsana to contact on your behalf) the third party and that Runsana may process it pursuant to the Privacy Policy.

Third Parties

Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with Runsana. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. YOU AGREE THAT RUNSANA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.

Runsana or third parties may provide links to other internet sites or resources through the Services. Runsana does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that Runsana is not responsible for the availability of such external sites or resources.

Electronic Communications

The Services may provide you with the ability to send or post messages to forums or chat rooms, speak via internet voice connections or send similar messages and communications to third party service providers, advertisers, your personal contacts, other Users and/or Runsana. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which Runsana 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 (including laws regulating direct marketing communications with which you will need to comply with, as applicable). By using communications methods available on the Services, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by Runsana (unless expressly stated otherwise by Runsana) and (c) communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Runsana in any manner, though Runsana reserves the right to do so at any time at its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

Proprietary Rights

You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Runsana or applicable third-party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.

Runsana grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by Runsana.

The term RUNSANA, the Runsana logo and other Runsana logos and product and service names are the exclusive trademarks of, and are owned by Fitech Solutions Ltd., and you may not use or display such trademarks in any manner without Runsana’s prior written permission. Any third-party trademarks or service marks displayed on the Services are the property of their respective owners.

Runsana reserves all rights not expressly granted hereunder.

Claims of Infringement

Runsana reviews claims of trademark infringement. If you believe in good faith that materials hosted by Runsana infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple copyrighted works or trademarks located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Runsana to locate the material on the Services; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please be advised that Runsana will not respond to complaints that do not meet these requirements. If Runsana determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Runsana will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Runsana a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Runsana any Feedback that you do not wish to license to us as set forth above.

Disclaimer of Warranties and Liability

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. RUNSANA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. RUNSANA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT YOUR ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, PLAYING FOOTBALL, RUNNING, OR ANY OTHER ACTIVITY OFFERED ON THE SERVICES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF RUNSANA OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

YOU EXPRESSLY AGREE THAT RUNSANA DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY FOOTBALL GAME, CONTEST, CHALLENGE, OR GROUP ACTIVITY THAT UTILIZES THE SERVICES, INCLUDING ANY THAT ARE ORGANIZED BY A CLUB ADMINISTRATOR.

YOU EXPRESSLY AGREE TO RELEASE RUNSANA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ACTIVITIES AND/OR USE OF THE RUNSANA WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS (INCLUDING, BUT NOT LIMITED TO, ATHLETIC ACTIVITIES IN CONNECTION WITH ANY COMPETITIONS, FOOTBALL GAMES, GROUP GAMES, OR OTHER EVENTS WHICH RUNSANA SPONSORS, ARRANGES, ORGANISES, PARTICIPATES IN, OR WHOSE SERVICES ARE USED IN CONNECTION WITH), AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR ENGAGEMENT IN ACTIVITIES ORGANISED VIA THE SERVICES, (c) YOUR DEALINGS WITH OTHER SERVICE USERS, THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF RUNSANA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

RUNSANA DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER USERS CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.

THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY BRITISH POUNDS (£50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO RUNSANA IN THE 12-MONTHS PRIOR TO DATE THE CLAIM. IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL REMEDIES IF WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR LEGAL OBLIGATIONS, OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE STATUTORY REMEDIES.

Nothing in these Terms shall exclude or limit Our liability for death or personal injury caused by Our negligence or Our liability for fraudulent misrepresentation, fraud, or any other liability that We cannot exclude or limit under applicable law. If any provision in the disclaimers and exclusions from liability contained in these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Indemnity

You agree to indemnify and hold Runsana and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your activities which generate the Content you post or seek to post on the Services (including, but not limited to, athletic activities in connection with any competitions, football games, group games, or other events which Runsana sponsors, organizes, participates in, or whose Services are used in connection with), your connection to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity. Your rights with respect to Runsana are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.

Dispute Resolution

Arbitration

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to the Runsana’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the Services shall be finally settled by binding arbitration accordance with its provisions and procedures for consumer-related disputes applicable in UK, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Runsana will pay the additional cost. You and Runsana hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Runsana is a party to the proceeding.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

Class-Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception—Litigation of Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Thirty-Day Right to Opt-Out

You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: Fitech Solutions Ltd, 26a Wordsworth Avenue, Greenford, UB6 9AB, United Kingdom. The notice must be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms. If you opt out of these arbitration provisions, Runsana also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, Runsana may terminate your use of the Services.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Runsana and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Termination

You agree that Runsana may, under certain serious circumstances and without prior notice, immediately suspend or terminate your account and/or access to the Services. Cause for such suspension or termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) non-payment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all suspensions or terminations for cause shall be made in Runsana’s sole discretion and that Runsana shall not be liable to you or any third party for any suspension or termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: Content and Conduct, Clubs, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, and General.

General

You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and Runsana as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and Runsana with respect to your use of the Services. The failure of Runsana to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Runsana. Runsana has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfil its duties and obligations under these Terms and in connection with the Services. Runsana’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Modification of the Terms and Services

Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. Runsana reserves the right to update the Terms at any time and for any reason in its sole discretion. Runsana will notify you of any material changes to the Terms or to any service or other features of the Services. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

Runsana and its third-party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. Runsana reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that Runsana shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Law and Jurisdiction

These Terms and the relationship between you and Runsana shall be governed by and construed in accordance with the Law of England and Wales and Runsana and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

Support and Questions

We will respond to any questions regarding the Services and these Terms via email, at contact@runsana.com.