GENERAL USER AGREEMENT
Welcome to Runmates!
We’re delighted that you’ve chosen to join us and are sure that you can’t wait to get started. Before you do, there are some important terms that we need to bring to your attention which explain your and our rights and responsibilities when you use the Runmates Service.
To use the Runmates Service you must download and install our App. This user agreement also governs any use that you make of the App.
This user agreement applies whenever you use the Runmates Service. You should therefore read it carefully before you sign up for an account and start using our service.
Your registration and use of the Runmates Service constitutes your acceptance of these terms. If you are not prepared to accept the terms of this user agreement, you should not complete registration and should not use our service in any manner.
We may update this user agreement from time to time. Where we do so, we will make a copy of the updated user agreement available on our website and via the App. You should therefore check the user agreement section regularly to ensure that you are aware of and agreeable to any new terms.
PART A - INTRODUCTION
The terms in this part of the user agreement apply to all users.
1. HOW THIS USER AGREEMENT WORKS
1.1 You can use the Runmates Service in two ways:
1.1.1 as a Mate, which means that you want to run as a hobby and/or to maintain and improve your fitness and you would like to use our service to arrange Runs with other Mates or with Coaches (see paragraph 1.1.2) (or both); and
1.2 All users of the Runmates Service are entitled to use our service as a Mate, and this functionality will be enabled as soon as you register.
1.3 If in addition you would like to use the Runmates Service as a Coach there is an additional registration process to complete. Once you successfully complete this process you will gain access to additional functionality which enables you to use our service as a Coach, but you will still be able to use the Runmates Service as a Mate whenever you want to do so.
1.4 This user agreement is divided into three parts as follows:
1.4.1 Part A is the introduction to this user agreement and sets out who we are, who can register and your basic obligations where you do register together with the background as to how the Runmates Service and App works – all users should read this part of the user agreement;
1.4.2 Part B describes the rules that apply when you use the Runmates Service as a Mate – read this part of the user agreement if you are registering only as a Mate, or if you are registering as a Coach but might also want to use the Runmates Service as a Mate from time to time; and
1.4.3 Part C contains the general usage terms and legal provisions that apply to all users at all times, whether you are using the Runmates Service as a Mate or as a Coach – all users must read this part of the user agreement.
1.5 If you choose to register as a Coach there are additional specific terms which apply to your use of the Runmates Service as a Coach. These will be displayed to you during the additional registration process and you must accept these to complete that registration process. Those terms apply in addition to the terms set out in this general user agreement and for clarity apply instead of the terms set out in Part B of this user agreement when you are using the Runmates Service as a Coach.
2.1 We are Runmates B.V.
Registered in the Netherlands with company number 70604029
Address: Raoul Wallenbergstraat 169, 1102AX Amsterdam, the Netherlands
3.1 You may register for an account provided that you:
3.1.1 understand and accept this user agreement;
3.1.2 are legally capable of entering into binding contracts;
3.1.3 are at least 18 years old; and
3.1.4 are sufficiently fit and healthy to participate in Runs and understand and accept the risks associated with participating in a Run.
3.2 You agree to:
3.2.1 provide true, accurate, current and complete information about yourself as prompted by our account registration form ("Account"). Account registration requires you to submit us certain personal information, such as your name, mobile phone number and age (and, if you want to use the services of a Coach, details of at least one valid payment method (either a credit card or accepted payment partner));
3.2.2 maintain and promptly update the Account information we hold about you to keep it true, accurate, current and complete;
3.2.3 be responsible for all activity that occurs under your Account,
3.2.4 maintain the security and secrecy of your Account username and password at all times; and
3.2.5 register only one Account, unless otherwise permitted by Runmates in writing.
3.3 If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or if you commit any breach of this user agreement or do anything that we, in our absolute discretion, believe may damage our reputation or that of the Runmates Service, we have the right to suspend or terminate your account and refuse any and all current or future use of any part or the whole of our service without notice or liability to you.
3.4 Please note that if the payment methods you have registered with us expire or otherwise become invalid such that you have no currently registered valid payment method you will be unable to request the services of a Coach unless and until you update your account with details of a valid payment method.
3.5 You may close your account at any time by notifying us that you wish to do so through the App. If your account is closed, you will no longer be able to access the Runmates Service or arrange Runs.
3.6 Your user account is personal to you and you must not allow other people to access or use it, or to use it to arrange Runs for other people unless we have specifically told you that you can do so. However, if you know anybody who is interested in using the Runmates Service we'd be delighted to have them join us, so please do suggest that they sign up for their own account with us.
4. ABOUT THE RUNMATES SERVICE AND APP
4.1 The Runmates Service aims to bring together, inspire and grow a community of individuals who are passionate about running and want to run together for recreation and fitness and to give them the opportunity to meet like-minded people to take part in Runs in mutually convenient locations.
4.2 We provide the Runmates Service through our specially designed App, which is free to download and free to use as a Mate (though if you choose to run with a Coach you will have to pay that Coach for his / her services). Our App gives you the opportunity to easily find both Mates and Coaches to run with and to arrange your Run with your chosen Mate or Coach.
4.3 If you are using the Runmates Service as a Mate and choose to go for a Run with another Mate, this in an informal arrangement and you understand that the person you will be running with is not necessarily a Coach and is likely to be simply an individual with an interest in running. For more information about running as a Mate with other Mates, see paragraph 5.
4.4 If you would prefer to utilise the services of a Coach, the Runmates Service provides you with the opportunity to find a Coach to arrange a Run with. Coaches provide their services in return for a fee, and when you request the services of a Coach you are agreeing to form a legally binding agreement with that Coach. For more information about requesting the services of a Coach, see paragraph 6.
4.5 Finally, if you have registered as a Coach and agree to provide your coaching services to a Mate through the Runmates Service, you are agreeing to form a legally binding agreement with that Mate. For more information about offering your coaching services through our service, see our user agreement for Coaches.
4.6 We do not offer coaching or other running or fitness services ourselves and we have no association with any of the Mates or Coaches that you may connect with through the Runmates Service other than that they are registered users of the Runmates Service who have agreed to the applicable user agreement. Our responsibility to you is limited to providing the services described in this user agreement to allow you to find and connect with other users (and, if you are a Coach, to providing the additional services described in our user agreement for Coaches).
PART B – USING THE RUNMATES SERVICE AS A MATE
The terms in this part of the user agreement apply to you only when you are using the Runmates Service as a Mate. This means that:
_ If you are registered only as a Mate, Part B applies to you at all times.
_ If you are also registered as a Coach, Part B only applies when you are using the Runmates Service as a Mate. When you are using the service as a Coach the user agreement for coaches applies instead.
5.1 The Runmates Service is designed to facilitate you making arrangements to meet and go for a Run with one or more other Mates at a mutually convenient time and location. You can choose to Run with one or more other Mates by selecting the appropriate options within the App.
5.2 Unless you have registered as a Coach, you are not entitled to provide paid services through the Runmates Service or hold yourself out as being a professional provider of coaching services. You must not in any circumstances make arrangements with any other Mate who you have met through our service to provide a paid coaching or similar service to that Mate or otherwise to act as a professional or expert Coach for that Mate. This prohibition applies to any communication you have with that Mate, whether through our App or outside the App (including to any contact you have with that Mate in person), and extends to payments-in-kind (for example requesting that the Mate provides services to you in return for you running with him / her).
5.3 When you choose to arrange a Run with another person using the Runmates Service as a Mate, you acknowledge that person may not be a professional provider of coaching services and is not offering you a paid service. Where a person is offering paid services through the Runmates Service as a Coach, this will always be made clear.
5.4 It is your responsibility to ensure that the Run is carried out in a safe, sensible and lawful manner. If you are running in a public location, please show respect for any other users of that location and obey any signs or warning notices which are displayed.
6.1 We offer two different ways to arrange a Run with a Coach:
6.1.1 a Requested Coach Run, being a Run that you request your preferred time, duration and location; and
6.1.2 an Offered Coach Run, being a Run proposed by a Coach, which may either be offered on a one-to-one basis or as a "group run" in which more than one Mate can participate.
6.2 To request a Coach Run, choose the appropriate option in the App and complete the requested information, such as where and when you want the Requested Coach Run to take place. The App will confirm to you the standard price for a Requested Coach Run matching your requirements and you will have the opportunity to either confirm your request or cancel it.
6.3 Once you confirm your request it will be communicated to nearby Coaches who may be interested in providing the requested services. As the availability of Coaches will depend on various factors such as the time and location where you want to run, demand from other Mates and the number of Coaches logged onto the Runmates Service and willing to accept requests we cannot provide any guarantee as to how long it will take for your request to be accepted (or whether it will be accepted at all). However, we hope that in most cases your request will be accepted quickly, and we will let you know as soon as your request has been accepted.
6.4 Once your request has been accepted, this forms a legally binding agreement between you and the Coach for the Coach to provide the services that you have requested. Our App provides a facility for you to communicate with the Coach to make arrangements for your Run, including agreeing the meeting point, the route for the Run and any other specific requirements that you may have.
6.5 Choosing to attend an Offered Coach Run works in a similar way, except that the details of the Run are selected by the Coach and displayed in the App. Where you choose to attend an Offered Coach Run you will be shown the price and asked to confirm. If the Coach accepts your application to attend then this acceptance forms a legally binding agreement between you and the Coach for the Coach to provide the services that you have requested. As with a Requested Coach Run, you will be able to communicate with the Coach to make arrangements for your Run.
7. FEES AND PAYMENT
7.1 We currently do not charge for downloading our App or for using the Runmates Service as a Mate.
7.2 As explained in paragraph 5, other Mates will not charge you for running with them.
7.3 Coaches provide their services through the Runmates Service on a commercial basis, and therefore if you wish to run with a Coach you will be required to pay that Coach for his / her services.
7.4 The fee for running with a Coach will be displayed when you request or choose to attend a Run with a Coach, as described in paragraph 6. Once you have agreed to pay the fee, you will be required to pay it unless you are entitled to a partial or complete refund as described in paragraph 8 or 9.
7.5 For security and traceability reasons, we do not currently allow Coaches to accept payment by cash or by direct transfer to the Coach (for example bank transfer or credit card payment outside of the system offered by our App). You must therefore make payment through our App. This protects you by avoiding any dispute arising as to whether you have made payment.
8.1 Once you have arranged a Run through the Runmates Service, whether with a Mate or with a Coach, it is your responsibility to make the appropriate arrangements to attend the Run and to make sure that you are at the agreed meeting point in good time for the agreed start time.
8.2 You must only request and agree to take part in Runs in good faith when you are confident that you will be available to attend and genuinely intend to take part in the Run in a positive way. Requesting Runs that you may be unable to attend is unfair on other users and will be considered to be a breach of this user agreement.
8.3 You may cancel a Requested Coach Run at any time before it is accepted without incurring any cancellation charges.
8.4 You may cancel a Run that you have agreed with another Mate at any time, but as good practice you must let that Mate know as soon as possible via the App.
8.5 Where a Coach has agreed to take part in a Requested Coach Run with you, or where you have chosen to participate in an Offered Coach Run and the Coach has accepted your request to participate, you have a legally binding contract with the Coach. As part of that legally binding contract, you agree that if you cancel that Run you may be charged a cancellation fee (or be refunded an amount already prepaid) as follows:
8.5.1 cancelling 24 hours or more before a Run: no cancellation fee will be applied or, if you have prepaid for a Run, you will receive a full refund;
8.5.2 cancelling between 24 and 6 hours prior to a run: 50% cancellation fee will be applied or, if you have prepaid for a Run, you will receive a 50% refund; and
8.6 If you are not at the agreed meeting point at the agreed start time, we require the Coach to wait for you for up to 10 minutes (unless multiple Mates are participating in the Run, in which case the Coach reserves the right to reduce this period to avoid inconveniencing other Mates). If you arrive within that period then your Run will proceed as normal but the Coach is not required to add additional time to the Run to take account of your late arrival. If you have not arrived by the end of that period the Coach is entitled to consider the Run cancelled and paragraph 8.5.3 will apply. If you do expect to be late, we strongly recommend that you contact the Coach to inform him / her, as he / she may be prepared to wait longer for you.
8.7 As a requirement of being a member of the Runmates Service, we require that Coaches do not charge you anything if they cancel a Run with you, for example if the Run cannot be safely undertaken due to extreme weather conditions or other safety concerns. This means that if a Coach does cancel an agreed Run you will not have to pay anything and if you have already made payment we will issue a full refund on behalf of the Coach of the amount that you paid to us.
Disputes with other Mates
9.1 You should avoid becoming involved in disputes with other Mates. If any issue does arise between you and another Mate, we suggest that you end communication with that Mate and find an alternative Mate to run with.
9.2 It is important to be aware that any agreement you reach with another Mate through the Runmates Service to attend a Run does not form a legally binding contract and you would therefore not usually have a legal remedy if that Mate failed to comply with the agreement, for example by failing to attend at the agreed meeting point. However, if you do become involved in a legal dispute with another Mate, or consider that you have some form of legal claim against that Mate, we strongly advise that you take independent legal advice. Any dispute with another Mate will be a private matter between you and the Mate and we cannot usually become involved.
9.3 However, if the conduct of another Mate leads you to believe that the Mate has breached this user agreement or otherwise causes you a concern that you believe we may wish to be aware of, please report your concern to us through the App. We will consider in each case what action it is appropriate to take, if any, as a result of the concern you have raised.
Disputes with Coaches
9.4 If any dispute arises between you and a Coach, you should attempt to resolve this dispute directly with the Coach.
9.5 We hope that disputes between Mates and Coaches will be rare, and that where a dispute does arise this will be capable of amicable resolution. Our App offers Coaches the ability to issue partial or full refunds where agreed with a Mate.
9.6 If you have concerns about the conduct of a Coach and you are unable to resolve these concerns amicably with the Coach you should report your concern to us through the App. We will consider in each case what action is appropriate to take, if any, as a result of the concern you have raised.
9.7 Please be aware that we cannot normally become involved in and cannot resolve any disputes between you and a Coach. However, if you notify us that you are in dispute with a Coach and that you believe you are entitled to a refund we will look into the matter.
9.8 For clarity, our decision to look into the dispute does not mean that we have found in your favour or that we agree you are entitled to a refund and any decision that we make is not binding on you or the Coach in any proceedings between you.
Disputes with or involving us
9.9 We hope that you will be satisfied with the service that we provide to you. If you do have any issues regarding the Runmates Service or our App please let us know and we will do our best to resolve them.
9.10 If we are unable to resolve a dispute with you then either you or we may have recourse to the courts as described in paragraph 19.
9.11 As described above, we cannot normally become involved in disputes between you and another Mate or a Coach. However, we may become involved if (a) required to do so by court order or as a result of a similar legal obligation or (b) where we feel it reasonable and appropriate to do so to protect our interests and/or our reputation or that of the Runmates Service or the App. Where we do become involved in a dispute in this nature you will be required (jointly with any other user involved in the dispute) to reimburse us for any costs or expenses (including legal fees) we incur as a result of our involvement.
10.1 As with any online service, you should make all reasonable enquiries and exercise all appropriate caution before meeting anyone you connect with through the Runmates Service, whether they are a Mate or a Coach. This includes taking reasonable precautions to protect your own personal safety, such as ensuring that the meeting point and route of the Run are all within public places which are likely to be well-populated and letting someone know where you are, what you are doing and what time you are expected to return.
10.2 You should also consider your own health and fitness before taking part in a Run. As with any physical activity, running carries risks, particularly if you have pre-existing health problems, are inexperienced or over-exert yourself. If you have any concerns about your health and fitness you should consult a medical professional before you arrange a Run.
10.3 Where participating in a Run, you should ensure that you are wearing suitable clothing and have suitable equipment, taking into account all applicable circumstances such as the weather, location in which you are running and intended length and speed of your Run. If at any time during the Run you have any concerns, you should stop running immediately and, if appropriate, seek advice from a medical professional before arranging another Run.
10.4 If you have arranged a Run with a Coach, you should:
10.4.1 let the Coach know of any medical conditions or other health concerns or issues that may affect your Run prior to commencing the Run; and
10.4.2 follow all instructions and guidance given by the Coach.
10.5 We may from time to time offer guidance, tips, comment or similar on running and related topics. However, any guidance that we give is intended solely for general reference and should not be relied upon as being appropriate for your specific situation.
10.6 As we are not responsible for any Run arranged through the Runmates Service and have no control over how you and/or other users participate in Runs, we are unfortunately unable to accept any responsibility for any injury, loss or damage of any kind that you may suffer whilst participating in a Run (unless you can prove that the injury, loss or damage was caused by our negligence).
PART C – GENERAL TERMS
The terms in this part of the user agreement apply to all users.
11. AVAILABILITY OF THE RUNMATES SERVICE
11.1 We will use our reasonable endeavours to make the Runmates Service available for you to access over the internet. However, from time to time the Runmates Service may be unavailable if we carry out routine maintenance and repairs or due to the unavailability or failure of the internet.
12.1.1 in any way that breaches any applicable local, national or international law or regulation;
12.1.2 in any way that may damage our reputation, that of the Runmates Service or that of any other user;
12.1.3 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
12.1.4 for the purpose of harming or attempting to harm anybody in any way or to solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes;
12.1.5 to harvest or collect email addresses or other contact information of other users of the Runmates Service by electronic means for the purposes of sending unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
12.1.6 to transmit, or procure the sending of spam; and/or
12.1.7 to send, knowingly receive, upload, download, use or re-use any material which:
(a) is inaccurate;
(b) expresses an opinion which is not genuinely held;
(c) contains any material which is defamatory or derogatory of any person;
(d) contains any material which is obscene, offensive, hateful or inflammatory;
(e) promotes sexually explicit material, violence, any illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) infringes any copyright, database right, trade mark or other intellectual property right of any other person;
(g) is likely to deceive any person;
(h) is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(i) is threatening, abusive or invade another’s privacy, causes annoyance, inconvenience or needless anxiety, is likely to harass, upset, embarrass, alarm or annoy any other person; and/or
12.2.1 not to reproduce, duplicate, copy or re-sell any part of the App in contravention of the provisions of this User Agreement;
12.2.2 that in submitting or uploading any material to the Runmates Service you will not impersonate any person, misrepresent your identity or affiliation with any person, or give the impression that the material emanates from us (if this is not the case);
(a) any part of the Runmates Service;
(b) any equipment or network on which the Runmates Service operates;
(c) any software used in the provision of the Runmates Service (including the App); or
12.2.5 not to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, or to attack the Runmates Service via a denial-of-service attack or a distributed denial-of service attack.
12.3 By breaching paragraph 12.2.4 or 12.2.5, you may be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Runmates Service will cease immediately.
12.4 You warrant that you will not use the Runmates Service in any of the ways prohibited paragraph 12.1 or 12.2, and you agree that you will be liable to us and indemnify us for any breach of that warranty.
13. COPYRIGHT AND APP CONTENT
13.1 All material within the App is protected by copyright. You may view the App on screen and may screenshot parts of the App for your own personal use.
13.2 No part of the App may be reproduced, transmitted to, or stored in any other form of electronic medium without our express written consent.
13.3 We will use our reasonable endeavours to ensure that the information on the App is accurate and complete. However, we do not give any promises about the accuracy or completeness of that information or the accuracy of any information (including, without limitation, information about other users).
13.4 The App may include content, services and hypertext links to websites owned, operated, controlled and/or provided by third parties (Third Party Content).
13.5 Your use of any Third Party Content may be subject to the relevant third party’s terms and conditions, and it is your responsibility to make yourself aware of those terms and conditions. We will not necessarily see or be aware of any enquiries that you submit to any third parties who provide Third Party Content.
13.6 We have no control over or proprietary interest in any Third Party Content. We do not give any promises about the quality, security, accuracy or any other aspect of any Third Party Content, and exclude any and all liability arising from you use of them.
14.1 Our liability for losses you suffer as a result of us breaking this user agreement or otherwise as a result of our default (including losses you suffer as a result of our negligence) is strictly limited to:
14.1.1 for losses arising out of us providing services to you as a Coach, the amount described in the user agreement for coaches; and
14.1.2 for any other types of losses, £1,000.
14.2 We are not responsible to you for loss or damage:
14.2.1 of a kind that we could not reasonably have foreseen;
14.2.2 which is caused by events outside our reasonable control;
14.2.3 resulting from you failing to comply with this user agreement or making use of the Runmates Service in a way or for a purpose other than that which was intended or agreed;
14.2.4 arising out of the unavailability of the Runmates Service; and/or
14.2.5 arising out of the acts or omissions of other users, including Mates and Coaches, including any liability arising as a result of another user failing to properly undertake his / her responsibilities to you.
14.3 Nothing in these Terms shall limit in any way our liability for:
14.3.1 death or personal injury caused by our negligence;
14.3.2 fraud or fraudulent misrepresentation; or
15.1 All notices given by you to us must be given to the postal or email address set out in paragraph 2 above.
15.2 Alternatively, where we have a general notice for the attention of all registered users (or a sub-set of our registered users) we may post this on our Website and within the App.
15.3 We may give notice to you at the email address you provide to us when registering (or such updated email address as you may provide to us from time to time via the section of the App which allows you to update your registration details).
15.4 Notice will be deemed received and properly served immediately when posted on the Website and within the App, 24 hours after an email is sent..
17. CHANGES TO THIS USER AGREEMENT
17.1 We may update this user agreement from time to time. Where we do so, we will make a copy of the updated user agreement available on our website and within the App. You should therefore check the user agreement section regularly to ensure that you are aware of and agreeable to any new terms.
17.2 You will be subject to the policies and user agreement in force at the time that you access the Runmates Service and App.
18.1 This user agreement is binding on you and us. You may not transfer, assign, charge or otherwise dispose of your interest in this user agreement, or any of your rights or obligations arising under it, without our prior written consent.
18.2 If we fail, at any time, to insist upon strict performance of any of your obligations under this user agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under this user agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 If any terms of this user agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18.4 This user agreement and any document expressly referred to in it constitutes the whole agreement between us and supersedes any previous arrangement, understanding or agreement between us. We each acknowledge that, in entering into this user agreement, neither of us relies on any statement, representation, assurance or warranty of any person (whether a party to this user agreement or not) other than as expressly set out in this user agreement. Nothing in this paragraph 18.4 shall limit or exclude any liability for fraud.
Even though the contract concluded between you and us and set out in this user agreement relating to your use of the Runmates Service is concluded over the internet, you and we agree that it has been concluded in England in writing. This contract, and any associated non-contractual disputes or claims, are governed by English law and you and we each hereby accept the exclusive jurisdiction of the English courts.