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 sports-related training plans. 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. This includes, but is not limited to, running plans, running exercises and drills, warm up routines, cool down routines, static stretching routines, dynamic stretching routines and races. The Company holds no accountability for any training or race performance targets.
2. PRODUCT AND PRICING
The Company provides a Portal (via www.therunningplan.com) for the provision of sports-related 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 – priced at a one-off Fee of between 50 and 150 MYR – are sent to the User within 1 hour of payment of the Fee to the Company.
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
The User may terminate use of the Site for any or no reason and at any time, with written notice to the Company. The User’s decision will become effective when the Company processes the User’s termination and confirms the deletion of the User’s account and data.
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 NON-INFRINGEMENT. IF THE USER IS DISSATISFIED 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.
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.
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.