Terms and Conditions of Use – RAW Connect App
Preamble
We may amend these terms and conditions from time to time and publish revised versions as the need arises. These revised versions take effect from the time it is published.
The Indigenous Marathon Foundation (‘IMF’, ‘we’, ‘us’, ‘our’ and ‘Foundation’) and IMF entities related are totally committed to protecting your personal information and to entrust that the terms and conditions of use are met by each user. Failure to abide by these terms and conditions may result in the suspension of and subsequent termination of your account.
We collect information by various means, including but not limited to events, IMF Program activities, IMP tryouts, fundraising activities, the IMF website, the IMF RAW Connect App and through the sale of IMF merchandise.
Terms and Conditions
The Indigenous Marathon Foundation Running and Walking Connect App (IMF RAW Connect App), and all related website and mobile applications and services (collectively termed, “the Services” and “RAWC”, “RAW Connect App”, “RAW App” or “the App”, specifically in relation to the IMF RAW Connect App) is made available to you as a registered user, and as a mechanism for tracking, managing and sharing of fitness related activities.
You agree to comply with these Terms and Conditions which IMF makes available to you on the Services which shall form part of the Terms and Conditions. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE THESE TERMS. IF YOU DO NOT AGREE TO THE THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
Use of the Services
The Services cannot be provided, and the agreement described in these Terms and Conditions cannot be performed without IMF processing content and data about you, including data collected and entered by you on things like but not exclusive of train sessions, event entries, and other data derived from third party providers (eg. location data). Processing of the data you share with us, is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.
The Services are intended solely for persons who are 13 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
To use the Services, you must register. You agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update your data as the need arises. You agree that IMF may use your data to provide Services that you access or use and as otherwise set forth in these Terms. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.
Protect Your Privacy
You have a duty of care to protect your private and/or sensitive information and all other information, data and other content collected and contained as part of the Services provided.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavour to use reasonable security measures to protect your data against unauthorised access to your account. We cannot, however, warrant protection of such data you allow use of your computer, phone or any mobile device, or if you share your password, access codes, OTP (One Time Password/code) or any other sensitive information that others can use to access your account.
You agree therefore, that IMF shall, in no event, be liable for any consequential, incidental, indirect, special, punitive or other loss or damage whatsoever or for business interruption, computer failure, or other loss arising out of or caused by Your use of or inability to use the Services.
Intellectual Property
You acknowledge that IMF retains all proprietary right, title and interest in the Services, our name, logo and other trademarks, and any related intellectual property rights, including, without any limitation to all modifications, enhancements, derivative works and upgrades thereto. You agree that you will not use or register any trademark, service mark, business name, domain name or social media account name or handle which incorporates in whole or in part, the IMF RAWC App or similar to any of these.
User Generated Content
The Services may contain information, data, text, links, graphics, photos, videos or other materials (“Content”), including Content created with the use of The App or submitted by you. IMF does not expressly or implicitly endorse any of YOUR Content.
By submitting your Content, you represent and warrant that you have all rights, power and authority needed to grant your Content under these Terms and Conditions.
Inappropriate Behaviours and Use
Any behaviours and use of the App that is inappropriate, offensive, abusive or in contravention of the Terms and Conditions of Use of the App will not be tolerated. In general terms, behaviours that can be interpreted as aggressive, coercive or controlling, destructive, harassing, intimidating, isolating, inflammatory or threatening will not be accepted. Any information or imagery posted or shared that fall under this broad definition will not be tolerated and will be dealt with accordingly. Measures to ‘flag’ such inappropriate content are in place and pending review of such material, can be deleted.
Termination
If you fail or if IMF suspects on reasonable grounds that you have failed to comply with any of the provisions of this Terms and Conditions, IMF may, without notice to you: (a) terminate your account; and/or (b) preclude your access to the Services.
IMF further reserves the right to modify, suspend or discontinue the Services (or any part of Your Content thereof) at any time with or without notice to you, and IMF will not be liable to you or any third party should it exercise such rights. You may cease to use the Services at any time.
Please contact us for further information regarding these Terms and Conditions via:
Mail – The Indigenous Marathon Foundation, PO Box 6127, Mawson ACT, 2607 Australia
Phone – 02 6162 4750 or 02 6260 5750
Email – info @ imf.org.au [Please make sure that you remove the spaces around the @ symbol when sending emails to this address. This format is used to prevent malicious actions by bots and hackers]
