Terms

TERMS AND CONDITIONS  

BACKGROUND: This agreement applies as between you, the User of this Website and The Running Academy (trading name of The Flying Runner Ltd, the owner(s) of this Website).  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website.  If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. For Terms and Conditions relating to Sale of Goods from The Flying Runner Ltd, please refer to separate Terms and Conditions on The Flying Runner Website, http://www.flyingrunner.co.uk/terms-conditions/. No part of this Website or Websites owned by The Flying Runner Ltd is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.

  1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods” means any products that The Flying Runner Ltd advertises and  / or makes available for sale through Websites owned by The Flying Runner Ltd;
Service means collectively any online facilities, tools, services or information that The Flying Runner Ltd makes available through Websites owned by The Flying Runner Ltd either now or in the future;
“Payment Information” means any details required for the purchase of Goods or Services from this Website.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Premises” Means Our place(s) of business located at 83 Babraham Road, Sawston, Cambridge, Cambridgeshire, CB22 3DD, United Kingdom;
System means any online communications infrastructure that The Flying Runner Ltd makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by The Flying Runner Ltd and acting in the course of their employment;
“Website” means the website that you are currently using (www.runningacademy.coach), our sister website (www.flyingrunner.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions;
“We/Us/Our” means The Flying Runner Ltd, (a company registered in England under company number 6906928), including trading name The Running Academy. Our registered office and main trading address is 83 Babraham Road, Sawston, Cambridge, CB22 3DD, UK.
  1. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

  1. Business Customers

These Terms and Conditions also apply to customers buying Goods and Services in the course of business.

  1. International Customers

If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination.  We are not responsible for these charges and We undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and that We cannot guarantee that the packaging of your Goods will be free of signs of tampering.  Please also be aware that United Kingdom consumer protection laws may not apply.

  1. Intellectual Property

5.1         Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Flying Runner Ltd, Our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws. 5.2         Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

  1. Third Party Intellectual Property

6.1         Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. 6.2         Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

  1. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

  1. Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of The Flying Runner Ltd or that of Our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

  1. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.runningacademy.coach or www.flyingrunner.co.uk without Our prior permission.  Deep linking (i.e. links to specific pages within the site) requires Our express written permission.  To find out more please contact Us by email at [email protected] or via the form on the Contact Us page.

10.  Use of Communications Facilities

10.1       When using System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:

10.1.1       You must not use obscene or vulgar language;

10.1.2       You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

10.1.3       You must not submit Content that is intended to promote or incite violence;

10.1.4       It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;

10.1.5       The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

10.1.6       You must not impersonate other people, particularly employees and representatives of The Flying Runner Ltd or Our affiliates; and 10.1.7       You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”. 10.2       You acknowledge that The Flying Runner Ltd reserves the right to monitor any and all communications made to Us or using Our System. 10.3       You acknowledge that The Flying Runner Ltd may retain copies of any and all communications made to Us or using Our System. 10.4       You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

11.  Accounts 11.1       In order to purchase Goods or services (including downloadable materials) on this Website and to use certain other parts of the System, you may be required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require Payment Information until you wish to make a purchase. By continuing to use this Website you represent and warrant that: 11.1.1       all information you submit is accurate and truthful; 11.1.2       you have permission to submit Payment Information where permission may be required; and 11.1.3       you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty. 11.2       It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. 11.3       If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying Us of the unauthorised nature of the purchase, please contact us within 48 hours at [email protected] Failure to do so may result in Us being unable to refund your purchase. 11.4       When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.

12.  Termination and Cancellation of Accounts 12.1       Either The Flying Runner or you may terminate your Account.  If We terminate your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, We reserve the right to terminate without giving reasons. 12.2       If We terminate your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched. 12.3       We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch. 12.4       If purchases are cancelled for any reason prior to dispatch you will be refunded any sums paid in relation to those purchases within 14 calendar days. 12.5       If you terminate your Account, any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases within 14 calendar days.

13.  Goods, Pricing and Availability 13.1       For Terms and Conditions relating to Sale of Goods from The Flying Runner Ltd, please refer to separate Terms and Conditions on The Flying Runner Website, http://www.flyingrunner.co.uk/terms-conditions/. 13.2        All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated regularly. 13.3       All prices on the Website include VAT. The VAT number of The Flying Runner Ltd (of which The Running Academy is a trading name) is 258241990.

14.  Orders  14.1        No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between The Flying Runner Ltd and you. 14.2       Order confirmations under sub-Clause 14.1 shall contain the following information: 14.2.1       Confirmation of the Goods or Services ordered including full details of the main characteristics of those Goods or Services; 14.2.2       Fully itemised pricing for the Goods or Services ordered including, where appropriate, taxes, delivery and other additional charges; 14.2.3       Other information if necessary. 14.3       If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days. 14.4        If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 14 calendar days after you received access to your subscription or Service, or have received Goods. If you change your mind about the Service within this period, please inform Us within 14 calendar days of receipt. If any Goods are involved, these must be returned to Us within 14 calendar days of the day on which you inform Us that you wish to return the Goods. You are responsible for paying return shipment costs if Goods are returned for this reason. Refunds will be issued normally within 7 calendar days and in any event no later than 14 calendar days after you inform Us that you wish to cancel under this provision and will include standard delivery charges. 14.5 If you are in any way unsatisfied with online training programs provided via The Running Academy (Trading name of The Flying Runner Ltd) you have the right to request a 100% refund within the first 14 days of your paid for service or Goods. Such request together with your reasons for requesting a refund should be sent to us via e mail [email protected] After 14 days of service, all fees paid are non refundable.

15.  Privacy 15.1       Use of the Website is also governed by Our Privacy Policy which is incorporated into these Terms and Conditions by this reference.  To view the Privacy Policy, please click here. 15.2       The Website places the following cookies onto your computer or device.  These cookies are used for the purposes described herein.  Details of the cookies used by the Website are included in Our Privacy Policy. Your legal rights with respect to cookies, and information about turning cookies off are included in our webpage Cookies In Use on This Site.

16.  How We Use Your Personal Information (Data Protection) 16.1       All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act. 16.2       We may use your personal information to: 16.2.1   Provide Our Goods and services to you; 16.2.2   Process your payment for the service; and 16.2.3   Inform you of new products and services available from Us.  You may request that We stop sending you this information at any time. 16.3       In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies.  These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly. 16.4       We will not pass on your personal information to any other third parties without first obtaining your express permission.

17.  Disclaimers 17.1       We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate.  We make no guarantee of any specific results from the use of Our services. 17.2       No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind. 17.3       No part of this Website is intended to constitute a contractual offer capable of acceptance. 17.4       Whilst We use all reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

18. Medical Waiver & Safety 18.1       By taking part in any of The Running Academy’s (Trading name of The Flying Runner Ltd) training programs or coaching sessions, you;

  • Confirm that you are in good health and capable of participating in a running training program for the purpose of improving your fitness and reaching your goals.
  • Understand and accept the risks of participating in any physical activity and have consulted a practicing medical physician to verify your ability to undertake a running and conditioning programme.
  • Agree that no claims are to be made against The Running Academy or The Flying Runner Ltd in case of death, injury, undeclared medical conditions / injuries or not achieving your performance goals.
  • Agree to wear appropriate footwear and clothing at all times whilst taking part in physical activities.

18.2        The information provided on our website is not intended to be a substitute for qualified medical guidance. All information contained within the website is for informational purposes only. We recommend that you follow professional advice in preparing for strenuous sporting activities. Individuals should always seek qualified medical advice regarding injuries, rehabilitation or before commencing a training program. 18.3        Neither The Running Academy nor The Flying Runner Ltd, accepts any responsibility for death, injuries or loss caused by any information contained within this training program. By using the information in the program you confirm that it is your responsibility to ensure you are in good health and capable of undertaking the training program.

19.  Changes to the Service and these Terms and Conditions We reserve the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If We are required to make any changes to these Terms and Conditions pertaining to the sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

20.  Availability of the Website 20.1       The Website and any Service provided therein is provided “as is” and on an “as available” basis.  We give no warranty that the Website or any Service will be free of defects and / or faults.  To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. 20.2       We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

21.  Limitation of Liability 21.1       To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein.  You should be aware that you use the Website and its Content at your own risk. 21.2       Nothing in these Terms and Conditions excludes or restricts The Flying Runner Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of The Flying Runner Ltd. 21.3       Nothing in these Terms and Conditions excludes or restricts The Flying Runner Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website. 21.4       In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

22.  No Waiver In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

23.  Previous Terms and Conditions In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise. For Terms and Conditions relating to Sale of Goods from The Flying Runner Ltd, please refer to separate Terms and Conditions on The Flying Runner Website, http://www.flyingrunner.co.uk/terms-conditions/.

24.  Third Party Rights Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and The Flying Runner Ltd.

25.  Communications 25.1       All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to [email protected]  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday. 25.2       We may from time to time, if you opt to receive it, send you information about Our products and/or services.  If you do not wish to receive such information, please click on the 'Unsubscribe' link in any email which you receive from us.

26.  Law and Jurisdiction These Terms and Conditions and the relationship between you and The Flying Runner Ltd shall be governed by and construed in accordance with the Law of England and Wales and The Flying Runner Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

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