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Terms and Conditions

Welcome to runningreborn.com (the "Website")!

TERMS OF USE

These Terms of Use ("Terms") are a binding contract between us and you that apply to:

your access to this Website (more details can be read in the Using our Website section) and use of the audio, video, text and other content ("Content") made available through the Website; and

your Subscription, should you purchase one via this Website, and the Content made available through the Members Area to which your Subscription grants you access (more details can be read in the Using the Members Area section).

You must agree to and accept all of these Terms of Use or you do not have the right to continue using our Website or any of the Content. Please read these Terms carefully as they provide important information regarding who we are, how we will provide our Content to you, how subscriptions agreements are entered into and what to do if there is a problem.

IN PARTICULAR, PLEASE READ THE 'DISCLAIMERS' SECTION BELOW CAREFULLY PRIOR TO YOU UNDERTAKING ANY PHYSICAL ACTIVITY THAT DISPLAYED, INSTRUCTED OR EXPLAINED AS PART OF THE CONTENT

Your use of the Website or the Content in any way means that you agree to all of these Terms of Use, just as if you had agreed to these Terms of Use in writing, and these Terms of Use will remain in effect while you use the Website and / or Content. These Terms of Use include the provisions in this document, as well as those in the Privacy Notice.

Changes to these Terms of Use will be notified via posting on the Website (or other written notice to you). Please read these Terms of Use carefully before accessing and/or using the Website and/or the Content.

Move Beautiful Limited

We are Move Beautiful Limited trading as "Running Reborn", a company registered in England and Wales (referred to in these terms and conditions as "Running Reborn", "we", or "us" and "our" should be interpreted accordingly). Our company registration number is 12778393 and our registered office is at Old Truman Brewery, 91 Brick Lane, London, England, E1 6QL. If you have any questions, comments, or concerns regarding these Terms of Use or the Website, please contact us at <u>hello@runningreborn.com</u>.

Changes to these Terms of Use

Running Reborn may amend the Terms of Use from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Website or the Content after such posting constitutes your consent to be bound by the Terms of Use, as amended.

Further terms in addition to these Terms of Use

In addition to these Terms of Use, certain offers, products, services, elements or features that may be available in line with the Website or the Content may also be subject to additional terms, conditions guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into these Terms of Use, provided that in the event of any conflict between such additional terms and these Terms of Use, these Terms of Use shall take precedence.

USING OUR WEBSITE

The terms set out in this 'Using Our Website' section apply to all users accessing our Website, regardless of whether you have purchased a Subscription. However, if you have purchased a Subscription and are accessing the Members Area of the Website, please be aware that these terms also apply to your use of those areas.

Your use of our Website

You may only use the Website and the Content for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.

In using or interacting with the Website and / or the Content, you will not (a) infringe or attempt to infringe the intellectual property rights or any other rights of anyone else (including Running Reborn) or (b) download, copy or store any part of the Website / or the Content.

In addition, in using the Website you acknowledge the terms of the Privacy Notice provided. If you are based in the EU, then you acknowledge and agree that any international transfer (or set of transfers) of your personal data to us is necessary for the performance of pre-contractual measures taken at your request, and subsequently to conclude a contract for the provision of Content to you and to enable the performance of that contract.

The material on our Website

All content included on our Website (including but not limited to the web site design, photographs, images, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof) are either our property or that of our content suppliers and are protected by English and international intellectual property laws.

All software used on this site is either our property or that of our suppliers and is protected by English and international intellectual property laws ALL RIGHTS ARE RESERVED.

Any other use of materials on our website including reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting republication, downloading or uploading without our prior written permission is strictly prohibited.

We may make changes to, or suspend or withdraw, our Website

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons at any time. The contents of our Website are subject to change from time to time.

We are not responsible for Websites we link to

Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

Our policies

The following additional terms also apply to your use of our Website:

  • our Privacy Notice; and

  • our Cookie Notice.

We amend these Terms of Use from time to time

Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time. If we make any significant changes to these Terms which affect your subscription agreement that we will inform you of this, you will then have the opportunity of contacting us at hello@runningreborn.com to terminate your agreement before those changes take effect in which case we will provide a pro-rata refund.

USING THE MEMBERS AREA

Certain pages (the "Members Area") of the Website may require you to sign up for a subscription in order to access them ("Subscription"). The terms set out in this 'Using the Members Area' section apply to your Subscription and access to the Members Area.

Purchasing a Subscription

Subscriptions may be purchased by clicking on the service or subscription term you wish to subscribe to and then following the prompts that will appear on-screen. You may check and correct any input errors in your purchase up until the point at which you submit your purchase request to us by clicking the "Join Now" button on the checkout page.

You acknowledge that by clicking on the "Join Now" button you are offering to enter into an obligation to pay for the Subscription and, once accepted, a contract will be formed between you and us in relation to the Subscription ordered. If we are unable to provide a Subscription to you for any reason, then we will inform you of this and you will not be charged any fees. Once a Subscription offer is accepted, Content will become immediately available to you and will remain available throughout the term of your Subscription until cancelled, subject to these Terms.

Subscription Fee

When you sign up for a Subscription, you will be charged a fee ("Subscription Fee"), which will be charged to you in advance as further described below.

We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your Subscription will take effect on your next billing cycle upon notice communicated through a posting on the Website or such other means as we may deem appropriate from time to time, such as email. If you do not cancel your Subscription, you will be deemed to have accepted these new fees.

Subscription Term

Your Subscription will start on the date that you sign up for a Subscription and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing subscription. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise, your Subscription will last for an initial term of 12 months ("Subscription Term”).

Automatic Renewal of Subscriptions

Your Subscription will automatically renew at the end of each Subscription Term, and we will automatically bill the annual subscription fee to your Billing Method each month, until your Subscription is cancelled or terminated. For example, if you purchase your Subscription on 1 January 2020, your Subscription will automatically renew on 1 January 2021, and then again on 1 January 2022 etc until you tell us that you would like to cancel.

No refunds following cancellation

You acknowledge that we start provision of the Subscription digital content immediately following acceptance of your order (which, by placing your order, you request us to do) and that you will have no right to change your mind and cancel under applicable consumer protection laws if we delivered the Subscription digital content to you immediately, and you agreed to this when you purchased your Subscription.

You may cancel your Subscription at any time by contacting us at hello@runningreborn.com. However, subject to applicable consumer protection laws and these Terms, there are no refunds for cancellation. If you cancel before the end of your Subscription Term you will have access to your account for the remainder of the Subscription Term

Delays in providing Content

Once you have entered into a Subscription, relevant Content will be immediately accessible by you. In the event that any delay to the provision of Content is caused by an event or action outside of our control, then we will take reasonable steps to minimise the effect of any such delay. In any case where this occurs, we will not be liable for that delay. However, if there is in our reasonable opinion a possibility of a substantial delay, then we will inform you of this upon which you may contact us at <u>hello@runningreborn.com</u> to terminate your Subscription and will receive a full refund.

Payment

Running Reborn use a third-party payment processor (the "Payment Processor") to bill you for your Subscription Fees. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Use. We are not responsible for error by the Payment Processor.

By signing up for a Subscription, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for your Subscription in accordance with the applicable payment terms, and you authorise us, through the Payment Processor, to charge your chosen payment provider.

You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

Billing Methods

You must provide us with a current, valid, accepted method of payment ("Billing Method"). We may update the accepted methods from time to times.

If we, through the Payment Processor, do not receive payment from you on time, you agree to pay all amounts due by you to us upon demand.

If you do not pay us charges you owe us on time (including if any correct charge to your credit or debit card is not authorised), we may suspend or terminate your access to the Services (and we reserve the right to pursue any available legal remedy to collect the amount owed by you). However, charges will continue to be incurred until your Subscription is cancelled.

Your Subscription may not be shared with others

Your Subscription and/or Running Reborn membership is personal to you and you agree not to create more than one account. You cannot transfer or gift your Subscription to third parties or allow third parties to use your Running Reborn account or Subscription, including other Running Reborn users. You must not use or exploit the Website, your Subscription and/or any of the Content for commercial purposes.

You are responsible for all activity that occurs under your account or Subscription, including any activity by unauthorised party. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using your account or Subscription. If you become aware of an unauthorised access to your account, change your password and notify Running Reborn immediately.

You understand and agree that Running Reborn may take actions we deem reasonably necessary to prevent fraud and abuse.

Your information

You agree that the information you provide to Running Reborn at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. If, for any reason, the information you have supplied to us becomes inaccurate, then you will promptly provide us with any additional information needed to ensure that any inaccuracies can be rectified. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorised users. To use the Website and your Subscription you must have access to the Internet. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Website.

Eligibility Criteria

You must be 18 years of age or older to purchase a Subscription.

The availability of all or part of our Website and/or the Content may be limited based on demographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from purchasing a Subscription (or any other product or service offered via this Website) or may terminate your Subscription at any time based on these criteria.

DISCLAIMERS

PLEASE READ THIS SECTION CAREFULLY PRIOR TO YOU UNDERTAKING ANY PHYSICAL ACTIVITY THAT DISPLAYED, INSTRUCTED OR EXPLAINED AS PART OF THE CONTENT

**You agree that your use of the Website and any Content is solely at your own risk. We do not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or with respect to the Website and/or any Content. **

**In no event shall running reborn be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with an individual’s attendance, use of or any Running Reborn Service, or product, or the performance or non-performance of any third party. **

Unless otherwise expressly stated by us, Running Reborn, its suppliers and partners do not warrant or make any representations:

**(i) that the Website is suitable for you or will meet your personal needs; **

(ii) regarding the adequacy or safety of any instruction, coaching or recommendation;

(iii) that the Website and/or any Content including instructional videos and any coaching, or any aspect thereof, will be available or permitted in your location;

(iv) that the Website, or any aspect thereof will be uninterrupted or error-free, that defects will be corrected, or that the website and any downloadable software, content, services, or applications made available in conjunction with or through the Website or the server that makes them available are free of viruses or other harmful components; or

(v) regarding the use of the Website and any downloadable software, content, services, or applications made available in conjunction with or through the Website in terms of correctness, accuracy, reliability, or otherwise. You understand and agree any material or data that you download or otherwise obtain through the use of the Website is at your own discretion and risk and that you will be solely responsible for any injury, loss or damages, including damage to your computer system or loss of data that results from the download of such material or data.

You understand that there are certain inherent risks and dangers in exercising and that the Content you may access and/or attend or participate in offer a range of activity and intensity levels. By using the Website and / or Content, you acknowledge and agree that you are aware of these risks which include, but are not limited to, property damage, illness, loss and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm.

You acknowledge and agree that it is your responsibility to consult with your physician or other health care professional where appropriate prior to using the Content (including but not limited to following exercises or instructions set out in Content in the Members Area of the Website) and to determine if and how doing so is appropriate for you. Do not use Content if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately.

You also understand and agree that the Website offers fitness and related information that is designed for informational, educational and entertainment purposes only. Nothing stated or posted on or otherwise available through any aspect of the Website is intended to be, and must not be taken to be, the practice of medical or professional care. You should not rely on any information on or through the website as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health or fitness level, you should always consult a physician or other health-care professional. Do not ever disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read or heard on or through the Website. The use of any of the content, recommendations and information provided on or through Running Reborn is solely at your own risk.

The Website is continually under development and Running Reborn makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. In that regard, developments in research may impact the fitness or related advice that appears on or in connection with the Website. No assurance can be given that the advice or recommendations contained in or through the Website and/or any of the Content will always include the most recent findings or developments with respect to the particular material.

Therefore, to the fullest extent permitted by law, you release, Running Reborn, affiliated entities, and each of its respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of the Website and/or participation in, purchase of and/or use of Content) including but not limited to with respect to bodily injury, physical harm, loss, illness, death or property damage.

OTHER IMPORTANT TERMS

Our Liability To You

If we fail to comply with these Terms of Use, we will be responsible for loss or damage that you suffer that is a foreseeable consequence of the failure to comply with these Terms of Use. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. We will not be responsible for any loss or damage that is not foreseeable.

In the unlikely event that any of the digital Content provided to you damages a device or other digital content belonging to you and this is caused by our failure to exercise reasonable care or skill, then we will either repair the damage or pay you compensation. However, we will not be liable for any damage which you could have avoided by following our advice to apply an update offered to you free of charge, or which was caused by you failing to properly instructions or to maintain minimum system requirements, as advised by us from time to time.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors for:

  • fraud or fraudulent misrepresentation;

  • breach of your legal rights in relation to the products, including the right to receive products which are:

  • as described and match information we provided to you;

  • of satisfactory quality;

  • fit for any particular purpose made known to us; and

  • supplied with reasonable skill and care; or

  • for defective products under the Consumer Protection Act 1987.

Please note that the Website and the Content is designed only for domestic and private use. If you use the Website and / or the Content for any commercial, business or re-sale purpose we will have no liability to you for any:

  • loss of income or revenue;

  • loss of business;

  • loss of anticipated savings;

  • loss of profit;

  • loss of data; or

  • any waste of time.

Your personal data

We will only use your personal information as set out in our Privacy Notice.

This contract is between you and us

No other person shall have any rights to enforce any of its terms.

Each paragraph and sub-paragraph of these Terms of Use operates separately

If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs and sub-paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

The laws that apply to this contract

These Terms of Use are governed by and to be interpreted in accordance with English law and will be subject to the jurisdiction of the English courts.

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