TERMS AND CONDITIONS
The Running Plan (referred to herein as “the Company”, “the Site” or “the Portal”) operates a website for users (referred to herein as “the User”) to purchase training plans (referred to herein as “Training Plans”, training classes (referred to herein as “the Classes”) and memberships for training classes (referred to herein as “Memberships”. By registering an account with the Company and using the Site, you are entering into a legally binding agreement with MJ FITNESS SDN. BHD., registered in Malaysia under company registration 1232925-U.
The Company has the right to amend or modify these “Terms and Conditions” at any time without notice to the User. Therefore the User should periodically visit this page and review the most up-to-date version.
1 – COMPANY LIABILITY
The Company holds no accountability or liability whatsoever for any injury, accident or death which may occur as a result of using any part of the Site and any services of the Company. This includes, but is not limited to, Training Plans, exercises, workouts, drills, warm up routines, cool down routines, static stretching routines, dynamic stretching routines, Classes, running clinics and races. The Company additionally holds no accountability for any User training or race performance targets.
2 – PRODUCT AND PRICING
The Company provides a Portal (via www.therunningplan.com) for the provision of Training Plans. Upon receipt of a one-off payment (referred to herein as “the Fee”) to the Company, the User will receive a login to a personal account within the Portal. Within the account, the User can download and access the Training Plan. Training plans are sent to the User immediately after (online) payment of the Fee to the Company.
The Company provides Classes in various outdoor locations. Upon receipt of a Fee to the Company, the User will reserve their place to attend the Class. Class reservation confirmations are sent to the User immediately after (online) payment of the Fee to the Company.
The Company provides Memberships for Classes. Upon receipt of a Fee to the Company, the User will reserve their Membership details. Membership confirmations are sent to the User immediately after (online) payment of the Fee to the Company. The Membership allows the User to attend an unlimited number of Classes during the Membership period (subject to availability of the Class and the Company’s Class reservation rules).
3 – REFUND POLICY AND SHIPPING POLICY
The Company has no obligation to refund any amounts in any circumstances, unless otherwise stated in these “Terms and Conditions” or agreed in writing with the Company. All amounts paid are non-refundable. In the unlikely event of dissatisfaction with the quality of the service provided by the Company, then the User has the right to contact the management of the Company as per the contact details shown within the ‘Contact Us’ page of the Site, clarifying specifically which aspect of the service has not met the User’s expectations and for what specific reason(s). All complaints will be taken seriously and dealt with on a case-per-case basis.
There are no shipping processes or costs for Users of the Site; the service is entirely managed via the Portal.
The Company reserves the right to amend its prices at any time, without notice.
4 – TERM AND TERMINATION
5 – INTELLECTUAL PROPERTY RIGHTS
The User acknowledges and agrees that all contents of the Site, including, but not limited to, all information, data, text, software, sound, music, photographs, video, graphics, messages or other materials, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. All Site content is the property of the Company and its affiliates, and unless expressly permitted by the Company or its affiliates, the User may not copy, reproduce, distribute, publish, enter into a database, display, modify, perform, transmit, rent, lease, sell or in any way exploit any content or part of the Site. The User may only download or print content that is limited to the profile of the User. The use of the Site content on any other web site or in a networked computer environment for any purpose is prohibited.
6 – DISCLAIMER OF WARRANTIES
Some countries do not allow the following disclaimer and therefore this section or part of this section may not apply. THE USER AGREES AND ACKNOWLEDGES THAT THE SITE AND ALL INFORMATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IF THE USER IS DISSASTISFIED OR HARMED BY THE COMPANY, THE USER MAY CLOSE THEIR ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE ‘TERM AND TERMINATION’ SECTION. SUCH TERMINATION SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF THE USER. THE COMPANY IS NOT RESPONSIBLE AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE AND ITS SERVICES MEET THE EXPECTATIONS OF THE USER, AND THAT IT FUNCTIONS WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE COMPANY DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY AND SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS OR POOR USE CONDITIONS OF THE PORTAL DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS OR TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. THE COMPANY MAKES NO WARRANTY THAT THE SITE OR ANY SERVER THROUGH WHICH THE USER MAY ACCESS THE PORTAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SITE IS AT THE DISCRETION AND RISK OF THE USER, AND THE USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH CONTENT OR MATERIAL.
7 – INDEMNIFICATION
The User indemnifies the Company and holds harmless for all damages, liabilities, losses and costs (including, but not limited to, attorney’s fees and costs) related to all third-party claims, charges and investigations.
8 – MISCELLANEOUS
If any section of these “Terms and Conditions” is held invalid or unenforceable, that part shall be construed in a consistent way with applicable laws to reflect initial and original intentions of the parties and the remaining sections and parts shall remain in full force and effect.
A – INFORMATION COLLECTED
The Company collects personal information on a strictly voluntary basis when the User registers an account on the Site. Additional voluntary personal information may be requested if the User chooses to interact with any third party applications, clicks on advertisements, responds to questionnaires, participates in contests, or registers for promotions. Debit or credit card information that the User may provide when making an online purchase with the Company is processed via a third-party service provider which uses encryption to protect the personal data of the User. The Company does not store any such information.
B – USE OF INFORMATION COLLECTED
C – OPT-OUT
Following registration and during use of the Site, the User may receive emails from the Company on items that the User did not expressly request. An email address will be provided within such communications, to enable the User to opt-out of future mailings of this kind.
D – COOKIES
E – IP ADDRESSES
The Company collects standard information of Users such as the IP address. Such data is used in an anonymous manner to analyse trends and more generally to improve the quality of the Site.
F – BUSINESS TRANSITIONS
In the event that the Company goes through a merger or acquisition (all or a portion) by another company, User information will be part of the assets transferred and the newly formed/buying company will have the right to continue to use the personal information provided.
G – SECURITY
Access to the website account of the User is protected by a username and password. The User is solely responsible for maintaining the secrecy of this login information and for controlling access to the account. The internet is not a fully secure environment and there is no guarantee that information may not be viewed, disclosed, altered, destroyed or used for any improper purposes by breach of the Company’s server safeguards.