Terms and Policies

Running Evolution values it's customers. Please find below our Terms of Use and Privacy Policy.

Terms of Use

PLEASE READ THESE TERMS OF USE (“Terms of Use”) CAREFULLY

The “Running Evolution Service” means the Running Evolution Program Plans service (including our website, associated user interfaces and all content and software and all other features and functionalities associated with those services) that provides subscribers with access to view and discover our Content (as defined below) streamed over the internet to Compatible Devices (as defined below).

The Running Evolution Service is operated and provided to you by Running Evolution Pty Ltd ACN 672 889 084 ("Running Evolution”, "we", "us", "our").

OUR AGREEMENT

These Terms of Use, along with terms specific to your Program Plan provided to you at the time of signing up, set out the agreement for your access to and use of the Running Evolution Service (together, the "Agreement").

We will respond to your monthly check-ins via the communication method that is agreed upon during the initial set up. Coaching is our passion, we also work full-time, so we may not be able to respond to your requests immediately. But we agree to respond via the agreed method within 24 hours.

Your use of the Running Evolution Service means that you accept and agree to the terms of this Agreement. If you do not agree to the terms of the Agreement, please do not use the Running Evolution Service.

INTERPRETATION

In these Terms of Use:

"Compatible Devices" means certain computers and other devices with internet browsers which are compatible with use of the Running Evolution Service.

"Content" means pre-recorded audio-visual exercise presentations and any other written materials or content available to view on the Running Evolution Service;

"Payment Method" means the way you pay for your Membership Plan, for example, by credit card or direct debit.

YOU ARE RESPONSIBLE FOR EXERCISING WITHIN YOUR LIMITS

Consult your doctor before using the Running Evolution Service and follow their advice. Read and follow all safety guidance provided as part of the Running Evolution Service. If at any time you feel you are exercising beyond your current fitness abilities, or you feel discomfort, pain, dizziness, or nausea, you should discontinue exercising immediately. Nothing on the Running Evolution Service constitutes medical or professional advice or care. We do not guarantee any exercise, health, weight loss or fitness results or improvements to users of the Running Evolution Service.

You are responsible for exercising within your limits and assume all risk of injury to your person or property resulting from your use of the Running Evolution Service, except where injury to your person has been caused by our negligence.

YOUR PROGRAM PLAN

To access and view Content you will need to:

register a Running Evolution Service account ("Running Evolution Account"); and
purchase a Running Evolution Service Program Plan (“Program Plan").
to create a Running Evolution Account, buy a Program Plan and use the Running Evolution

Service, you must:

be aged 18 years or above;
have internet access; and
provide us with a current, valid, Payment Method acceptable to us (as confirmed during the online sign-up process).

Your Program Plan, will automatically renew for a subsequent Program Plan period unless and until you or we cancel it in accordance with this Agreement.

You can find details of your Program Plan with us at any time, including the price for your Program Plan, by signing in to your Running Evolution Account and clicking on "My Profile".

During your Program Plan, we grant you access the Running Evolution Service to view Content. Except for this license, no right, title or interest in the Content or Running Evolution Service shall be transferred to you. You must not reproduce, perform, display or exhibit the Running Evolution Service or the Content for any commercial purpose or in any public place.

CHANGES TO SERVICE

We may regularly make changes to any element of the Running Evolution Service or the Content. In particular, the availability of Content may change from time to time. We therefore have the right to add or withdraw Content at any time, with or without notice. You acknowledge and agree that Content is variable and will change from time to time without notice.

There may also be times when we have to remove certain features or functionality and/or stop allowing certain devices or platforms from being able to access the Running Evolution Service. We may also update or upgrade the Running Evolution Service from time to time. If changes to any element of the Running Evolution Service are likely to materially adversely affect the Running Evolution Service, we will try to make sure that any changes will not adversely affect you during your current Program Plan period, so that you have the chance to cancel your Running Evolution Service before the next Program Plan period begins. If we have to make an adverse change to the Running Evolution Service during your Program Plan period, we will give you at least 30 days' notice and the right to cancel. If you do not cancel your Program Plan after we have notified you about any changes and before these changes take place, and you continue to use the Running Evolution Service, unless prohibited by law, you agree that this constitutes your acceptance of the changes. If you choose to cancel your Program Plan, we will, if required by applicable law, provide you with a refund for amounts you have paid for the Running Evolution Service but not received.

PROGRAM PLAN FEES

By purchasing a Program Plan and providing or designating a Payment Method, you authorise us to charge you the relevant fee at the current rate ("Program Plan Fee") to your Payment Method. As used in these Terms of Use, "charge", "charging" etc., shall indicate either a charge, debit or other payment clearance, as applicable, against your Payment Method.

The Program Plan Fee will be charged at the start of the paying portion of your Membership Plan, and at the start of each Program Plan period thereafter, unless and until your Program Plan is cancelled.

The Program Plan Fee will generally be charged on or after the 1st day of each calendar month. You must cancel your Program Plan before the end of your current Program Plan period (i.e. before the end of the calendar month) in order to avoid being charged for the next month’s Program Plan Fee to your Payment Method. For example, if you wish to cancel your Program Plan with effect from 1 May, you will need to provide notice no later than midnight on 30 April.

Unless required by law, there are no refunds or credits for partially used periods. However, following any cancellation, you will continue to have access to the Running Evolution Service through to the end of your current billing or Program Plan period.

All charges shall be in Australian dollars unless otherwise specified.

If a payment is not successfully settled and you do not edit your Payment Method information or cancel your Running Evolution Account, we may suspend your access to the Running Evolution Service until we have obtained a valid payment method. When you update your Payment Method in your Running Evolution Account, you authorise us to charge the updated Payment Method for any uncollected amounts and your on-going Membership Plan Fee.

For certain Payment Methods, the issuer of your Payment Method may charge you a transaction fee or other charges. Check with your Payment Method service provider for details.

PRICE CHANGES

We may change the price of your Program Plan from time to time. We will give you at least 30 days notice of any price changes that will apply to you. We will let you know the date on which any price change is due to come into effect.

If we notify you of a price change and you do not want to continue your Program Plan at the new price, you can cancel your Program Plan before the start of the next Program Plan period by following the steps provided in these Terms of use. If you continue to use the Running Evolution Service after the start of your next Program Plan period, you consent to the price change, and you do not need to take any further steps.

CANCELLATION

You may cancel your Program Plan at any time, and you will continue to have access to the Running Evolution Service through to the end of your current Program Plan period. If you cancel your Program Plan, your Program Account will automatically close at the end of your current Program Plan period.

ENDING YOUR RIGHT TO USE THE SERVICE

We may end your right to use all or any part of the Running Evolution Service or your Program Plan immediately if we have a reasonable belief that you have breached this Agreement or if you are using the Running Evolution Service, the Content or your Program Plan in any manner other than for its intended purpose, fraudulently or illegally.

If we decide to discontinue any part of the Running Evolution Service, we will give you at least 30 days' prior notice (unless we need to discontinue the Running Evolution Service (or any part of it) immediately for legal reasons, including in order to comply with a court order). If we discontinue the Running Evolution Service, we will, to the extent required by applicable law, provide you with a refund for amounts you have paid for the Running Evolution Service but not yet received.

If we end your rights to use the Running Evolution Service or your Program Plan you must stop all activities authorised by this Agreement, including your use of the Running Evolution Service or your Program Plan.

YOUR OBLIGATIONS

You agree to:

pay the Program Plan Fees;
comply at all times with the terms of this Agreement;
use the Running Evolution Services for your own personal use and not for any commercial or business purpose;
ensure all information you give us is correct at all times, and notify us immediately of any changes to your contact details;
Monthly check-ins need to be completed before at the start of your week 4 of your program. This can be communicated by your choice method as agreed on in initial set up (email, what's app, text);
1. if in the Premium Plan, and you need to communicate changes you can communicate by your choice method as agreed on in initial set up (email, what's app, text);
follow the instructions and directions we provide about using the Running Evolution Service and only use the Running Evolution Service in accordance with all applicable laws, rules and regulations;
be responsible and liable for any use by any other person (authorised or unauthorised) of the Running Evolution Services we provide to you, including, without limitation, any charges associated with that use and any consequences if an applicable person misuses the Running Evolution Services or breaches this Agreement or suffers any injury or damage to their property;
make sure everyone you are responsible for and who may use or do anything in relation to the Running Evolution Services also meets the responsibilities set out in this Agreement; and
be responsible for configuring your information technology, computer Content and Compatible Devices in order to access our website, app and the Running Evolution Service. You should use your own virus protection software.

INTELLECTUAL PROPERTY

The Running Evolution Service and Content may be protected by copyright, trade mark, trade secret and/or other proprietary intellectual property rights owned by or licensed to us.

You have no intellectual property rights in or to the Running Evolution Service or any Content, other than the right to use them in accordance with this Agreement.

You may not remove, alter, or in any way tamper with any copyright notices or other proprietary markings included in the Running Evolution Service or any Content. Any copying, access, transfer, public performance or communication to the public or other use of the Running Evolution Service or any Content other than as expressly authorised by applicable law or this Agreement shall constitute an infringement of applicable intellectual property rights and a breach of this Agreement. In the event of applicable infringement, we may, without notice, block your access to the Running Evolution Service and terminate any Program Plan you may have and pursue any rights or remedies available to us.

You may not use any of our trademarks or service marks in any domain names or in any account name or user ID for any social media site or blog. All page headers, custom graphics, button icons, and scripts are the copyright and/or service marks, trademarks, and/or trade dress of us and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Our trademarks, service marks and trade dress may not be used in any manner that is likely to cause confusion amongst the public or in any manner that disparages or discredits us. All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the Running Evolution Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

OUR LIABILITY TO YOU

If we breach these terms of use we will only be liable for losses which are a reasonably foreseeable consequence of that breach. Losses are foreseeable where they could be contemplated by you and us at the time of you agreeing to these terms of use.

We are not responsible for:

Any use of the Running Evolution Service which isn't authorised by us;
Any malfunction of or interruption to the Running Evolution Service due to unforeseeable circumstances that prevent us from fulfilling our obligations to you;
Errors, viruses or bugs present in or arising from your use of the Running Evolution Service;
Incompatibility of the Running Evolution Service with any other software or hardware (including any of your devices); and
Any act or default of any third party platform, service provider, supplier, device manufacturer or provider of a device operating system, which are beyond our reasonable control.
To the fullest extent permitted by law, in no event shall our total liability to you for all losses or damages arising from your use of the Running Evolution service or your Program Plan exceed the amount you have paid for your Program Plan.
We cannot guarantee that the Running Evolution service will be free from bugs or errors or that your access will be free from interruptions (for example there may be downtime for maintenance or updates or any power or server outages or other reasons outside our control), however where we are made aware of technical issues then we will always try to fix them.
Please note that we are not responsible for any lack of functionality or failure to provide any part of the Running Evolution service, or any loss of content or data that is due to: your equipment, devices, operating system or internet connection, your failure to download the most recent published version of the Running Evolution service or meet the compatibility requirements or the consequences of you changing your equipment, device, operating system or internet connection.

TRANSFER OF RIGHTS

The agreement between us and you is personal to you and no third party is entitled to benefit under it. You agree we can transfer our rights and obligations under this Agreement to any company, firm or person provided that your Program Plan will not be adversely affected as a result of this type of transfer. You may not transfer your rights or obligations under this Agreement to anyone else.

NOTICES

We will send you information relating to your account and your Program Plan (e.g. payment authorisations, invoices, changes in password or payment method, confirmation messages, content and feature updates and other service or transactional messages) by email to the email address provided during sign up. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that. applicable communications be in writing.

COMPLAINTS AND FEEDBACK

If you have any complaint or feedback please speak to us, by contacting us using the details on our website.

Privacy Policy

SCOPE OF POLICY AND SOURCE OF OBLIGATION

In the course of Running Evolution activities, we manage and protect personal information in accordance with the Privacy Act 1988 (Cth) (Privacy Act) and the 13 Australian Privacy Principles (APPs).

SCOPE OF POLICY

This policy outlines the circumstances in which we obtain personal information, how we use and disclose that information and how we manage requests to access and/or change that information.

WHAT IS PERSONAL INFORMATION AND HOW DO WE COLLECT IT?

Personal information is information or an opinion about an individual from which they can be reasonably identified. To provide a service, we collect personal information from the individual in their capacity as customer of Running Evolution.

In the course of providing this service we may collect and hold:

Personal Information including names, addresses and other contact details; dates of birth; next of kin details; photographic images; and financial information.
Health Information including previous injury history or medical concerns that a coach should be made reasonably aware of.

COLLECTION OF PERSONAL INFORMATION

The collection of personal information depends on the circumstances in which Running Evolution is collecting it. If it is reasonable and practical to do so, we collect personal information directly from the individual.

SOLICITED INFORMATION

Running Evolution has, where possible, attempted to standardise the collection of personal information by using a specifically designed coaching questionnaire, completed by all new members.

We may collect information based on how individuals use our website. We use ‘’cookies’’ and other data collection methods to collect information on website activity such as the number of visitors, the number of pages viewed and the internet advertisements which bring visitors to our website. This information is collected to analyse and improve our website, marketing campaigns and to record statistics on web traffic. We do not use this information to personally identify individuals.

UNSOLICITED INFORMATION

Running Evolution may be provided with personal information without having sought it through our normal means of collection. This is known as “unsolicited information” and is often collected by:

Misdirected postal mail – Letters, Notes, Documents
Misdirected electronic mail – Emails, electronic messages
Additional information provided to us which was not requested.

Unsolicited information obtained by Running Evolution will only be held, used and or disclosed if it is considered as personal information that could have been collected by normal means. If that unsolicited information could not have been collected by normal means then we will destroy, permanently delete or de-identify the personal information as appropriate.

COLLECTION AND USE OF SENSITIVE INFORMATION

We only collect sensitive information if it is:

Reasonably necessary for one or more of our activities, and we have the individual’s consent
Necessary to lessen or prevent a serious threat to life, health or safety
Another permitted general situation
Another permitted health situation.

HOW DO WE USE PERSONAL INFORMATION?

Running Evolution only uses personal information that is reasonably necessary for us to undertake our activities (the primary purpose) or for a related secondary purpose that would be reasonably expected by you, or for an activity or purpose to which you have consented.

Our primary uses of personal information include, but are not limited to:

Providing our services
Satisfying our legal obligations including our duty of care and child protection obligations
Administration including for insurance purposes

We will only use or disclose sensitive or health information for a secondary purpose if you would reasonably expect us to use or disclose the information and the secondary purpose is directly related to the primary purpose.

STORAGE AND SECURITY OF PERSONAL INFORMATION

Running Evolution stores Personal Information in a variety of formats including, but not limited to:

Databases
Hard copy files
Personal devices, including laptop computers and phones.
Third party storage providers such as cloud storage facilities

Running Evolution takes all reasonable steps to protect the personal information we hold from misuse, loss, unauthorised access, modification or disclosure.

These steps include, but are not limited to:

Restricting access and user privilege of information
Ensuring Running Evolution do not share personal passwords.
Undertaking due diligence with respect to third party service providers who may have access to personal information, including customer identification providers and cloud service providers, to ensure as far as practicable that they are compliant with the APPs or a similar privacy regime.
The destruction, deletion or de-identification of personal information we hold that is no longer needed, or required to be retained by any other laws.

Our public website may contain links to other third-party websites outside of Running Evolution. Running Evolution is not responsible for the information stored, accessed, used or disclosed on such websites and we cannot comment on their privacy policies.

RESPONDING TO DATA BREACHES

Running Evolution will take appropriate, prompt action if we have reasonable grounds to believe that a data breach may have, or is suspected to have occurred. Depending on the type of data breach, this may include a review of our internal security procedures, taking remedial internal action, notifying affected individuals and the Office of the Australian Information Commissioner (OAIC).

If we are unable to notify individuals, we will publish a statement on our website and take reasonable steps to publicise the contents of this statement.

DISCLOSURE OF PERSONAL INFORMATION

Personal information is used for the purposes for which it was given to Running Evolution, or for purposes which are directly related to one or more of its activities.

Running Evolution may disclose personal information without consent or in a manner which an individual would reasonably expect if:

We are required to do so by law.
The disclosure will lessen or prevent a serious threat to the life, health or safety of an individual or to public safety.
Another permitted general situation applies.
Disclosure is reasonably necessary for a law enforcement related activity.
Another permitted health situation exists.

COMPLAINTS

You can make a complaint about how Running Evolution manages personal information, including a breach of the APPs, by notifying us in writing as soon as possible. We will respond to the complaint within a reasonable time (usually no longer than 30 days) and we may seek further information in order to provide a full and complete response.

If you are not satisfied with our response, you may refer the complaint to the OAIC. A complaint can be made using the OAIC online Privacy Complaint form.

A referral to OAIC should be a last resort once all other avenues of resolution have been exhausted.

HOW TO CONTACT US

Running Evolution can be contacted about this Privacy Policy or about personal information generally, by:

Emailing: RunningEvolution@outlook.com

If practical, you can contact us anonymously (i.e. without identifying yourself) or by using a pseudonym. However, if you choose not to identify yourself, we may not be able to give you the information or provide the assistance you might otherwise receive if it is not practical to do so.

CHANGES TO OUR PRIVACY AND INFORMATION HANDLING PRACTICES

This Privacy Policy is subject to change at any time. Please check our Privacy Policy on our website regularly for any changes.