TERMS AND CONDITIONS OF USE

Terms and Conditions of Use

Effective Date: 25th May 2018

Hello, and welcome to our Terms and Conditions of Use. This is important and affects your legal rights, so please read them and our Privacy Policy carefully. We hope you’re sitting comfortably. Here we go…

1. Use of the Services and Your Account

  1. Who can use Our Services?

    Unless specified otherwise or in any International Terms section, you must be at least 18 years old in order to make a purchase, whereas you must be at least 13 years of age in order to use most of the other services. If, however, you are between the ages of 13-18, you may be able to make a purchase with us and/or use our services under the supervision of a parent or a guardian. Any individual under the specified age limit is not allowed to use our Services, submit any sort of Personal Data such as Name, Address, Phone Number or any other contact information.

  2. Your Account

    In order to access certain Services offered by RDX Sports, you will be required to create an account. Occasionally, your account maybe update automatically in order to provide you the optimum level of services.

    We advise you to provide accurate information and ensure that the information is kept up to date in order to get the latest information about our localized promotions and services. Failure to do so, you may not be able to enjoy the complete range of update services provided by RDX Sports.

    Please be advised that it is your responsibility to keep your information confidential and you should take all the actions necessary in order to do so. Should you, at any point, feel that your account is being used without your prior authorization or hacked, you must immediately inform our Customer Support Team. Please remember that we are not responsible for any loss that may arise from unauthorized use of your account.

    EU Residents: As a consumer, you have a full right to delete your account and any data relating to your account. You can fill up the form available on our Contact Us page and we will be more than happy to further take care of your request.

  3. Changes, Limitations and Service Updates

    In order to provide you the best level of services, we keep updating our services regularly without prior notice to the consumers. We may, as and when required, provide updates for certain services including upgrades, modifications, bug fixes, patches and other error corrections and/or new features. Please be advised that some of our Services may not work properly if the updates are not installed. You acknowledge and agree that the Service may not work properly if you do not allow such Updates and you expressly consent to 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 may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.

  4. Service Monitoring & Suspension

    Although we are not obligated to but we do reserve the right to monitor your account and activities which you may conduct through our Services. We have the right to suspend, terminate or deactivate your account without a prior notice, due to reasons, including but not limited to: (1) if we, in our sole discretion, determine you are or have been in violation of these Terms or the spirit thereof (as highlighted in our Community Guidelines), (2) if we, in our sole discretion, determine you have created risk or possible legal exposure for RDX Sports, the general public, any third party, or any user of our Services, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuation or material modification of any Services, or (5) due to unexpected technical issues or problems. We will endeavor to notify you by email or the next time you attempt to access your account after any such deactivation, termination or suspension.

  5. Security

    Whereas we employ every latest security methods in place, we cannot guarantee the complete security of your personal data. Should you at any point feel that your account has been compromised, please notify our Customer Support Team immediately.

2. Ownership and Use of Content

  1. Definitions

    Whatever shows up on your screen when you use our Services, is referred to as Content. We have two different types on content, User-Generated (created by you) and RDX Inc. owned content. “Content” is referred to as video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, "likes," comments, software, scripts, executable files, graphics, maps, routes, geo-data, workouts and workout data, biometric data and data elements derived therefrom, interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services; (i) "User-Generated Content" means any Content that a user submits, transfers, or otherwise provides to or through the use of the Services; and (ii) "RDX Inc. Content" means all Content that is not User-Generated Content.

  2. Ownership of Content

    By law, the ownership of the content is towards the creator of the content. This means, we own the content that we create and you 0wn the content that you create. All RDX Inc. content including all and any Trademarks, Copyrights, Patents and any other Intellectual Property, whether registered or not, belongs to RDX Inc. and its partners and any third parties associated with RDX Inc. if permitted by RDX Inc. and/or its partners or third parties retain ownership, responsibility for and/or other applicable rights in all RDX Inc. Content. Except as expressly provided in the Terms, nothing grants you a right or license to use any RDX Inc. Content, including any content owned or controlled by any of our partners or other third parties. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Services unless specifically authorized in writing by RDX Inc.

  3. Our License to You

    Should you choose to comply with our Terms & Conditions, RDX Inc. will grant you non-transferable, revocable, limited & non-exclusive rights and/or license to use and access our Services and Content. However, you must bear in mind that this authorization is not for commercial purposes and you will, under no circumstances, copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right granted by RDX Inc.

3. Intellectual Property/ DMCA

Should you believe that any of the content available on the RDX Inc. website or any other third party affiliates, infringes any Trademark or Copyright under the UK or any other law, do let us know by sending us the below information:

  • Identification of the material being infringed.
  • Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
  • Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
  • A statement that the Notifying Party has a good faith belief that the material is not authorized by the owner, its agent or law.
  • A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the owner.
  • A physical or electronic signature of a person authorized to act on behalf of the owner of the material that has been allegedly infringed.

Please send all the details at ip-rights@rdxsports.com via email and we will be more than happy to further assist you with the complaint.

4. No Warranties

EXCEPT WHERE PROHIBITED BY LAW, RDX INC EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements or provide specific results, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content; User-Generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

5. Limitation of Liability

To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall RDX Inc, its subsidiaries, partners or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or content of any third party or user of the Services, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed via the Services. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not RDX Inc has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of RDX Inc, for any claim under these Terms, including for any implied warranties, is limited to the greater of 1000GBP or the amount you paid us to use the applicable Service(s) in the past twelve months.

6. Indemnification

  • For residents of US or any other country than France & Germany

    To the maximum extent permitted by applicable law, you agree to indemnify and hold RDX Inc, its subsidiaries, suppliers and other partners harmless from any claim or demand, including reasonable accounting and attorneys' fees, made by any third party due to or arising out of (a) the User-Generated Content you access or share through the Services; (b) your use of the Services, (c) your athletic activities in connection with the Services (including, but not limited to, athletic activities in connection with any contests, races, group activities, Third-Party Activities or other events that we may sponsor, organize, participate in, or where the Services are employed), (d) your connection to the Services, (e) your violation of these Terms, (f) your use or misuse of any user's Personal Data, (g) any violation of the rights of any other person or entity by you, or (h) your employment of the Services to meet another user in person or to locate and attend any offline place or event. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.

  • For residents of France & Germany

    Notwithstanding the previous paragraph, you agree to indemnify and hold RDX Inc, its subsidiaries, suppliers and other partners harmless from any claim or demand as result of your negligent or intentional behavior, including reasonable accounting and attorneys' fees, made by any third party due to or arising out of (a) the User-Generated Content you access through the Services; (b) your violation of these Terms, (c) your use or misuse of any user's Personal Data, (d) any violation of the rights of any other person or entity by you, or (e) your employment of the Services to meet another user in person or to locate and attend any offline place or event. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.

7. Governing Law

  • Residents of US and NON-EU Countries

    These Terms shall be governed by and construed in accordance with the laws of the State of Texas and controlling U.S. federal law as applicable, without regard to its conflict of law principles.

  • Residents of EU

    These Terms shall be governed by and construed in accordance with the laws of the England & Wales, without regard to its conflict of law principles.

8. International Terms

If you are accessing our Services from outside the United Kingdom and are not a resident of the United Kingdom, you agree to transfer certain information outside your home country to us, and that you will follow all the laws that apply to you.

We provide our Services for a global community of users. Our servers and operations are, however, located primarily in the United Kingdom, and our policies and procedures are based primarily on United Kingdom law. Because of this, the following provisions apply specifically to users located outside of the United Kingdom: (i) you consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any Personal Data, to and in the United Kingdom and/or other countries; (ii) if you are using the Services from a country embargoed by the United Kingdom, you are not authorized to access or make use of the Services; and (iii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject RDX Inc. or its affiliates to any registration requirement within such jurisdiction or country.

  • For Residents of Russian Federation:

    Notwithstanding anything in these Terms to the contrary, please note that certain jurisdictions may not allow the waiver or limitation of certain warranties, liabilities or damages under mandatory law, so some of the exclusions and limitations in these Terms may not apply to you. Nothing in these Terms limits or excludes our responsibility for (1) fraudulent representations made by us, (2) death or personal injury caused by our negligence or willful misconduct, or (3) non-execution of any material contractual obligation.

  • If you are a resident of New Zealand:

    Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits or excludes our liability or your rights if you are a consumer for the purposes of the Consumer Guarantees Act 1993, or the Fair Trading Act 1986.

  • If you are a resident of Germany, France, Austria or Finland:

    Notwithstanding anything in these Terms to the contrary, the qualifier "to the maximum extent permitted by law" and other qualifiers of similar effect shall be deemed to be deleted from the Terms everywhere it appears and shall have no force and effect.

9. Disputes & Arbitration

To the maximum extent permitted by applicable law, you and RDX Inc agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to your general use of the Services under the rules of The London Court of International Arbitration (LCIA). Please visit www.lcia.org/ for more information about arbitration.

Any arbitration proceedings between you and RDX Inc (“Us”) will be conducted in Manchester, United Kingdom. Under this, you also waive any right to claim that such location may be an inconvenience and, in addition, you agree not to sue us or bring arbitration in any other forum.

The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of The London Court of International Arbitration (LCIA). Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:

  • the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;
  • the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and
  • Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
10. Modifications to the Terms and Product-Specific Terms

  • Updates to these Terms

    We 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 home page of the our 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 choice to maintain an account, access or use the Services (regardless of whether you create an account with us) 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.

  • Product-Specific Terms

    We may also require you to agree to additional terms, rules, policies, guidelines, or other conditions (collectively, "Product-Specific Terms" that are specific to certain Services (for example, the Commercial Tools). In such cases, you may be required to expressly consent to Product-Specific Terms. For instance, you might need to check a box or click on a button marked "I agree." If any of the Product-Specific Terms are different than the Terms, the Product-Specific Terms will supplement, amend, or supersede the Terms, but only with respect to the subject matter of the Product-Specific Terms.