Terms and Conditions CMIYC Women Running App
- Use of the Services
- User Content
- CMIYC Membership (PAID SERVICE)
- Disclaimer of Warranty and Limitation of Liability
- No Medical Advice
- Shopping and E-Commerce
- Physical Activities, Group Runs
- Modification to the Terms and Product-specific terms
The CMIYC website and mobile application is an online mechanism for tracking, managing, and sharing all of your running activities with the CMIYC community. It is provided to you by CMIYC Pty Ltd (“us” or “we” or “our” or “CMIYC”), in connection with our partners, service providers, sponsors, or other affiliates. So that we may safely and responsibly manage our service for all of our users, your use of this service is subject to certain terms and conditions.
1.1 The owner of the CMIYC Women Running App service platform, all intellectual property and seller of goods and services is CMIYC (Pty) Ltd, a company incorporated within The Republic of South Africa with registration number 2015/431540/07.
1.2 The service platform aims to connect female runners, grant access to CMIYC group runs and track activities.
Service Updates: Our Services are constantly evolving to be more useful for our community. With new products, services, and features launching all the time, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain offerings. We may also update our services, which might not work properly if you don’t install the updates.
We may also from time to time, as we see fit, develop and provide updates for certain Services. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not properly operate if you do not install all Updates. These Updates may include updated versions of our applications, which may automatically electronically upgrade the versions used on your device. You expressly consent to such automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service.
1.3 You must be a female and either (a) be over the age of 18 or (b) have the consent of your guardian(s) /parent(s) to use the service platform;
1.4 You may not use the service platform if you are male;
1.5 You may not use the service platform for any illegal activity;
1.6 You have no right to ownership of the service portal, the Intellectual Property or any components thereof – you only have the privilege of using the service platform in accordance with these terms and conditions;
1.7 The owner of the service platform, or any assignee of the owner, (“we”) may alter and amend these terms and conditions at any time and at our sole discretion. Current terms and conditions also available at www.cmiyc.co.za/termsofservice or in the CMIYC Women Running mobile application.
1.8 Your right to use the service platform may be revoked at any time and you will have no claim against anybody in such event, nor will you dispute the legality of such actions or question the facts that lead to such a decision;
1.9 All data collected by the service platform will be stored by CMIYC and CMIYC has the right to use such data in compliance with applicable legislation;
1.10 You explicitly agree that your personal information, including your location, may be made available to third parties when you use the service platform – we will take reasonable care when and how such information be made available, but you understand and agree to the fact that some information will be made available to third parties when you use the service platform e.g. your details, including location, can be made available to third parties (including, but not limited to service providers);
1.11 You explicitly agree that we may verify your personal information with third party service providers to enable us to provide you with additional services in relation to that third party;
1.12 We reserve the right, at our sole discretion, to change, update, and modify the offering of the service platform including the removal of certain services at any time;
1.13 The service platform is currently for use within The Republic of South Africa only. The service platform will not work outside The Republic of South Africa;
1.14 Should any clause of this agreement be invalid, then the validity of the remainder of this agreement will remain in full force and effect and will not be disputed;
- Use of the Services
2.1 Trademark: We love your support and imitation is flattering, but please respect our trademarks and brands. CMIYC owns or licenses all CMIYC trademarks, service marks, branding, logos and other similar assets. Being a CMIYC member is a badge of honor, and we encourage you to proudly wear our gear. However, please do not copy, imitate, modify, display or otherwise use the trademarks (in whole or in part) for purposes other than personal use, without our prior written approval.
2.2 The Services allow for the delivery of software, text, graphics, images, video, audio, data and other material (collectively referred to as the “Content”). The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Services, or our partners, sponsors, or affiliates.
2.3 The Content is protected by copyright under both South African and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms and Conditions.
2.4 No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.
2.5 You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose, except to utilize features of the Services that, by their nature, involve publishing or sharing of Content with the public.
2.6 You may not, in any way reverse engineer the service platform, or any component thereof, nor may you attempt to do so. This includes, but is not limited to, disassembly, decompiling, decrypting or any other actions that could possibly reveal the source code of the service platform or any portion thereof;
2.7 If you violate any part of these Terms and Conditions, your permission to access and/or use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content.
2.8 Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Your use of the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Services.
2.9 The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.
2.10 The Services include access to links to, and content and data from, third-party websites (“External Services”). These links, content, and data are provided solely as a convenience to you and not as an endorsement by us of the content on such External Services. The content of such External Services is developed and provided by others. In addition, the Services permit access to content posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability.
2.12 By using the Services, you represent and warrant that you are 18 years of age or older. Your account may be terminated without warning, if we believe that you are under 18 years of age and have been using the Services without consent of your guardian(s) /parent(s)
2.13 You warrant that all information you provide to us, including but not limited to your email address and contact numbers, will be correct;
2.14 We may verify your identity based on the information you provide to us – e.g. through an automated email verification process;
2.15 Your use of the Services is subject, in our sole discretion, to termination at any time.
- User Content
3.1 You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content.
3.4 By submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with our provision of the Services and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.
3.6 We may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.
3.7 In connection with User Content, you further agree that YOU WILL NOT:
- submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;
- publish falsehoods or misrepresentations that could damage us or any third party;
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- post advertisements or solicitations of business;
- Impersonate another person.
3.8 We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content.
3.9 We may remove any Content and User Content without prior notice. We may also terminate your access to the Services, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Services more than twice.
3.11 We may remove such User Content and/or terminate your access at any time, without prior notice and at its sole discretion.
4.1 You may terminate this Agreement at any time by cancelling your subscription through your accounts settings page.
4.2 There are no refunds for any fees paid.
4.3 You are responsible for terminating your account and this agreement and we are not responsible for your failure to properly terminate your service and this agreement nor for any credit card charges and fees your incur as a result of your failure to properly terminate your service and this agreement.
4.4 We may terminate this Agreement, disable your account, and/or put your account on inactive status, in each case at any time with reasonable cause or violation to these terms of service agreement, and with or without notice. We shall have no liability to you or any third party because of such termination or action.
- CMIYC Membership (PAID SERVICE)
If you choose to subscribe to any of our enhanced, paid services, these are the payment and billing terms that apply. Paid services and billing will auto-renew unless you cancel.
5.1 Payment Terms
By signing up for a CMIYC Membership (Paid Service), you agree to our Terms, and any additional terms and conditions that are provided here.
The CMIYC Membership provide you access to certain exclusive products, services, features and functionality. By signing up as a CMIYC Member (Paid Service), including signing up for Free Trials of the Premium Services, you agree to pay any fees or other incurred charges that apply to the CMIYC Membership (such as subscription fees).
When you sign up for the CMIYC Membership, you must designate and provide information about your preferred payment method (“Payment Method”). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect from your Payment Method the appropriate fees charged for the Premium Services and for any other purchases you elect to make via the Services.
You can choose to pay for the CMIYC Membership Services on a monthly or annual basis. All fees due for the Membership Services are payable in advance, and will be billed automatically to the Payment Method at the start of the annual Membership Service period, as applicable. Unless otherwise stated, Membership service will auto-renew until you elect to cancel your access to our Membership services. All purchases of Membership services are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Membership service.
5.2 Termination or Cancellation of Membership Services
If you do not pay the fees or charges due for your use of the CMIYC Membership, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the CMIYC Membership service (and may do so without notice).
Fees will be billed monthly on an ongoing and recurring basis, or once-off annually, even if you are not actively using the CMIYC Membership service. There are no refunds for termination or cancellation of your CMIYC Membership. If you no longer wish to subscribe to this service, it is your responsibility to cancel your CMIYC Membership in due time, regardless of whether or not you actively use the service.
Fee Schedule: Your Fee Schedule is located in the Subscriptions tab in the account settings under “billing dates”. The Fee Schedule displays the estimated next billing date and amount for your CMIYC Membership service will be displayed. You can also access the Fee Schedule via the CMIYC app / My Profile / Settings / Manage Subscription.
5.3 Fee Changes
To the maximum extent permitted by applicable laws, we may change our prices for the CMIYC Membership at any time. We will give you reasonable notice of any such pricing changes by posting the new prices /or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable CMIYC Membership prior to the change going into effect.
5.4 Discount, Coupon or Gift Codes
If you have received a discount, coupon or gift code to a Premium Service, the following terms and conditions apply in addition to the terms and conditions of the specific code. To redeem a discount or coupon code, log in to the applicable Service and enter the applicable code in the purchasing process to take advantage of the relevant promotion. All discounts, gift and coupon codes can only be applied when subscribing for a CMIYC Membership, and they can only be applied to accounts that are not already subscribing to a CMIYC Membership. Discount, coupon and gift codes cannot be combined with any other cash-off price, sales, promotion or coupon. Discount, coupon and gift codes cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a discount or coupon code. It is your own responsibility to use a discount, coupon or gift code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the CMIYC Membership before the end of a free or discounted period if you do not want to continue with a CMIYC Membership at the regular price. The terms and conditions of a specific discount, coupon or gift code may include additional restrictions on its use, including but not limited to the type of plan, duration of free or discounted Premium Service, coupon validity dates, and/or purchase quantities. CMIYC reserves the right to cancel discounts and coupon promotions at any time.
5.5 Free Trials
We sometimes offer free trials of our CMIYC Membership service or other promotional offers (each a “Free Trial”). A Free Trial provides you access to the CMIYC Membership for a period of time, with details specified when you sign up for the offer. Please note, that our exclusive CMIYC Shirt is not included in Free Trials.
In order to sign up for a Free Trial, you may need to provide us with your preferred payment method. As soon as you submit your payment details, your Free Trial will begin. You will not be charged until the Free Trial period ends.
Unless you cancel before the end of the Free Trial, or unless otherwise stated, your access to the CMIYC Membership service will automatically continue and you will be billed the applicable fees for that CMIYC Membership. All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Membership service. We may send you a reminder when your Free Trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the Free Trial will end if you decide you do not want to become a paying CMIYC Member after the Free Trial period.
If you decide that you do not want to become a paying CMIYC Member, you must cancel your subscription before the end of the Free Trial period. Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if you did not use the CMIYC Membership service for the entire duration of the offer.
CMIYC Membership Service features and content may change at any time, and we cannot guarantee that any specific feature or content will be available for the entire Free Trial period. The rates in effect when you sign up for the Free Trial will be the same when the Free Trial ends, unless we notify you otherwise. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial offer, your access to the CMIYC Membership service during the Free Trial, or any of these terms without notice and with no liability.
5.6 CMIYC Membership Shirt
The exclusive CMIYC Member Shirt is received once-off via courier, upon signing up for the CMIYC Membership. Exchange? Noch irgendwas rein dazu?
- Disclaimer of Warranty and Limitation of Liability
We, our affiliates, our partners, and our and their respective officers, directors, employees, agents, suppliers, or licensors, make no warranties or representations about the content (including the user content), including but not limited to its accuracy, reliability, completeness, timeliness, or reliability.
Neither we nor our affiliates or partners shall be subject to liability for truth, accuracy, or completeness of any information conveyed to users of the services for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the services and the content at your own risk.
We make no warranty that the services will be available error free or that the service or the content are free of computer viruses or similar contamination or destructive features. If your use of the services or the content results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs.
The services and content are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis without any warranties of any kind. We hereby disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties rights, and fitness for particular purpose.
In no event shall we be liable for any damages (including, without limitations, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the services and the content, whether based on warranty, contract, tort (including negligence), or any other legal theory, in excess of one hundred dollars, even if a we have been advised of the possibility of such damages.
Our labiality shall be limited to the greatest extent permitted by law.
- No Medical Advice
CMIYC provides the Services for you to track, manage, and share your activities. The services do not contain or constitute, and should not be interpreted as, medical advice or opinion. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. Your use of the website or the mobile application does not create a doctor-patient relationship between you and CMIYC.
- Shopping and E-Commerce (shop.cmiyc.co.za)
If you buy things through our CMIYC Online Shop (shop.cmiyc.co.za), we require you to provide additional Personal and Payment Method Information in order to complete your purchase. Additional e-commerce terms and conditions may apply to CMIYC Shopping. You can find these terms and conditions here. We also aim to provide information about our refund, exchange, re-stocking, taxes, shipping, and related policies at or near the point of purchase. If you have questions related to CMIYC Shopping, please contact our Support Team. Please review these policies prior to making purchases through CMIYC Online Shop.
- Physical Activities, Group Runs
It’s important to us that our women stay healthy and safe while running. Please be responsible and use your best judgment and common sense. We provide our Services for information purposes only, and can’t be held liable if you get injured or something goes wrong.
10.1. Safety First
CMIYC cares about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any physical activity, wellness or fitness program. By using our Services, you agree, represent and warrant that you have received consent from your physician to participate in wellness and fitness programs, workouts, exercises or any of the related activities made available to you in connection with the Services. Everyone’s condition and abilities are different, and participating in the activities promoted by our Services is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. Activities promoted by the Services may pose risks even to those who are currently in good health.
Finde ich gut, gerade wegen Group Runs: You understand and agree that we will not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered via the Services (e.g., CMIYC Group Runs, featured, official or community created challenges; routes; friendly competitions or similar activities; any Third-Party Activities or other events or activities that utilize our Services). Maps, directions and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. We encourage you to always put safety first, follow applicable traffic regulations, do not change settings on your device while in motion or in unsafe areas and always be vigilant and take stock of your surroundings when exercising.
You expressly agree that your activities, which may generate the User-Generated Content you post or seek to post on or via the Services (e.g., running, walking, cycling, hiking) and certain Third-Party Activities carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction, or negligence of CMIYC or by the action, inaction, or negligence of others.
Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injuries or damages that are sustained from your physical activities or your use of, or inability to use, any Services or features of the Services, including any Content or activities that you access or learn about through our Services (e.g., a Third-Party Activity such as a yoga class), even if caused in whole or part by the action, inaction or negligence of CMIYC or by the action, inaction or negligence of others. To the maximum extent permitted by applicable law, you also expressly agree that we do not assume responsibility for any Third-Party Activity or any other race, contest, class, athletic activity or event that utilizes or is promoted by or accessed via the Services.
The Services are intended to provide you with information to encourage you to support your wellness and fitness activities. Some of the Services are aimed at tracking your physical movements and sleep activity (“Activity Tracking”). These Activity Tracking Services rely on sensors and/or GPS functionality that track your movement. The data and information provided by the Activity Tracking Services are intended to be a representation of your activity, but may not be completely accurate, including with respect to step, sleep, speed, distance, or calorie data.
- Modifications to the Terms and Product-Specific Terms
As CMIYC grows and improves, we might have to make changes to these Terms or include additional terms that are specific to certain products.
11.1 Updates to these Terms
CMIYC reserves the right to modify these Terms by (i) posting revised Terms on and/or through the Services, and/or (ii) providing advance notice to you of material changes to the Terms, generally via email where practicable, and otherwise through the Services (such as through a notification on the CMIYC websites or in our applications). Modifications will not apply retroactively unless required by law.
We may sometimes ask you to review and to explicitly agree to or reject a revised version of the Terms. In such cases, modifications will be effective at the time of your agreement to the modified version of the Terms. If you do not agree at that time, you are not permitted to use the Services. In cases where we do not ask for your explicit agreement to a modified version of the Terms, the modified version of the Terms will become effective as of the date specified in the Terms. Your use of the Services following that date constitutes your acceptance of the terms and conditions of the Terms as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.