Terms and Conditions
Terms and Conditions
1. Application of Terms
(a) These Terms apply to all Services that SRSR provides to the Client. The Client is deemed to have read, understood and accepted these terms and conditions if at any time the Client places an Order for Services.
(b) The version of these Terms that is published on the Website at the time you place an Order for Services will apply to the Agreement made for those Services. SRSR reserves the right to change, modify, add or remove portions of these terms and conditions at any time and at our sole discretion. We will endeavour to highlight any significant or substantive changes to you where possible. However, it is your responsibility to keep yourself informed of any changes to these terms and conditions.
(c) In the event of any inconsistency between these terms and conditions and any other document or schedule the parties have entered into, these terms shall prevail.
(d) After an Order has been made, the Agreement may only be amended in writing by the consent of both parties.
2. Definitions and Interpretation
2.1 Definitions
The following definitions apply in this Agreement.
Agreement means the legally binding agreement comprising of these Terms, the Privacy Policy, and any Order.
Business Days means a day which is not a Saturday, Sunday or public holiday in Brisbane in the State of Queensland.
Claim means a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against a person, however arising and whether.
Client means the person who places an Order for Services.
Communication means any written communication (including each notice, consent, approval, request and demand) under or in connection with this Agreement.
Confidential Information means information that is by its nature confidential, including but not limited to information relating to the:
(a) the Client;
(b) personnel, policies, practices, clientele, or business strategies of SRSR; and
(c) intellectual property rights of a party; or
(d) terms of this Agreement,
but does not include information:
(e) already rightfully known to the receiving party at the time of disclosure by the other party; or
(f) in the public domain other than as a result of disclosure by a party in breach of its obligations of confidentiality under this Agreement.
Consequential Loss means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of opportunity or expectation loss, and any other form of consequential, special, indirect, punitive or exemplary loss or damages.
Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), and any other national, State or Territory fair trading or consumer protection legislation.
GST has the meaning given in the New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property means all intellectual property rights, including copyright, inventions, patents (including patent applications), trade marks (whether registered or not), designs (whether registrable or not), eligible circuit layout rights, domain names, licences, know-how, trade secrets, and includes the right to register any intellectual property rights.
Interest Rate means a rate equal to the Small Business standard rate for outstanding loans published by the Reserve Bank of Australia from time to time, plus 2%.
Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.
Order means an order for Services made by the Client.
Privacy Law means:
(a) the Privacy Act 1988 (Cth); and
(b) any other law that governs the use, disclosure or management of data or information relating to persons.
Privacy Policy means the SRSR privacy policy, available on the Website.
Program means a schedule of Services and advice to be provided to the Client for a given week.
Representative includes an employee, agent, officer, director, auditor, advisor, researcher, partner, consultant, contractor, sub-contractor or related entity of that person or of a related body corporate of that person.
Services means any services provided by SRSR to the Client, including but not limited to online and in-person running coaching that will be provided to each client.
SRSR means Start Running Stay Running Pty Ltd ACN 647 265 325.
Terms means these terms and conditions.
Unforeseen Event means occurrences or conditions beyond the reasonable control of a party, including but not limited to natural disasters, acts of God, war, civil unrest, riots, pandemics or epidemics (including COVID-19), acts of terrorism, any act of government, or changes to any law or regulation.
Website means startrunningstayrunning.com.au.
2.2 Interpretation
In this Agreement, headings are for convenience only, and do not affect interpretation. The following rules also apply in interpreting this Agreement, except where the context makes it clear that a rule is not intended to apply.
(a) A reference to:
(i) (legislation) legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
(ii) (parties) a party to this Agreement or to any other document or agreement includes a permitted substitute or a permitted assign of that party;
(iii) (person) a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and any executor, administrator or successor in law of the person; and
(iv) (parts of things) anything (including a right, obligation or concept) includes each part of it.
(b) (number) A singular word includes the plural, and vice versa.
(c) (gender) A word which suggests one gender includes all other genders and no gender.
(d) (parts of speech) If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
(e) (examples) If an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing.
(f) A reference to dollars or $ is to an amount in Australian currency.
(g) A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.
2.3 Multiple Parties
If a party to this Agreement is made up of more than one person, or a term is used in this Agreement to refer to more than one party:
(a) an obligation of those persons is joint and several;
(b) a right of those persons is held by each of them severally; and
(c) any other reference to that party or term is a reference to each of those persons separately, so that (for example) a representation, warranty or undertaking is given by each of them separately.
3. Services
3.1 What will be delivered and when
(a) SRSR will supply the Services specified in the Order, subject to these Terms.
(b) Unless otherwise specified, Services will be provided in the form of remote online coaching.
(c) If requested by the Client, SRSR may also provide fortnightly telephone calls and/or monthly in-person coaching or meetings at mutually agreed locations. While SRSR will use its reasonable endeavours to accommodate such Client requests, it cannot guarantee that in-person coaching or meetings can be provided. Without limitation, the Client acknowledges that their geographical location or available schedule may make it impractical for SRSR’s Representatives to meet the Client.
3.2 Programs
(a) Programs will be developed by SRSR after an in-person or telephone meeting with the Client to discuss their experience, goals and available time to train.
(b) SRSR will provide the Client with Programs weekly in advance by 10am Sunday each week.
(c) A Client may request changes to Programs due to injury or any other reason. SRSR will use reasonable endeavours to accommodate requests for changes to Programs but cannot guarantee that such changes will be able to be made.
3.3 Delays in Delivery of Services
(a) SRSR will notify the Client at the earliest practicable date if it believes that there will be a delay in the provision of Services.
(b) SRSR will advise the Client of the new proposed date for provision of Services.
3.4 Service limitations
SRSR will use reasonable efforts in providing the Services, however other than as set out in this Agreement, to the fullest extent permitted at law, SRSR does not warrant or guarantee the Services will be uninterrupted or error free, and SRSR does not take any responsibility for faults, delays, or interruptions to the Services caused by:
(a) misuse or error;
(b) the delays, action, operation, inaction, or failure of any third party; or
(c) any Unforeseen Event.
3.5 Right to sub-contract
The Client acknowledges that SRSR may use sub-contractors to perform the Services and agrees to continually indemnify and hold harmless SRSR and its Representatives, from any loss suffered or incurred caused by the sub-contractor.
3.6 Provision of information
The Client must:
(a) complete any forms and provide any information or documents necessary for SRSR to perform the Services; and
(b) respond in a timely manner if SRSR brings an issue to the Client’s attention that affects the Services.
4. Health Statement and Waiver
4.1 Acknowledgements
The Client acknowledges that they will be undertaking activities such as running which are, by their nature, physically demanding. All participants must be free of physical conditions, ailments or disorders which might create undue risk to themselves or others who depend upon them. The Client further acknowledges that if they have any concerns about their ability to undertake the activities, it is their sole responsibility to obtain independent medical advice.
4.2 Health Statement
(a) Before participating in the Services, the Client must provide the information reasonably required by SRSR (“Health Statement”), disclosing any physical disabilities, conditions, past injuries or any other physical limitations which could affect the Client’s ability to participate.
(b) The Client agrees to release SRSR from any Claim (including any Claim for personal injury or death) to the extent that the Claim was caused by the Client providing a Health Statement that was materially incorrect, incomplete or misleading.
(c) Following the provision of the Health Statement, SRSR may direct the Client to provide further information and/or evidence.
(d) SRSR may, at its absolute discretion, refuse to provide Services based on the information disclosed in the Health Statement. However, the failure of SRSR to issue such a refusal shall not be deemed to be a representation or statement as to the condition of the Client or their fitness to undertake the activities.
5. Payment
5.1 Payment
(a) The Client must pay for Services in advance.
(b) At the Client’s option, payment may be either the full amount, or regular payments in advance for each 28-day period proposed for delivery of Services.
(c) The Client must make payment through the Website.
5.2 Cancellation Fees
Where the Client has placed an Order and informs SRSR that the Client wishes to cancel the Services afterwards, SRSR reserves the right, at SRSR’s absolute discretion and without any liability to the Client, to invoice the Client for any costs, expenses or losses incurred by SRSR. Where the client has paid for the Services in advance (in full or in part), they authorise SRSR to deduct these amounts before refunding the balance of their payment (if any).
5.3 Taxes and Duties
The Client is responsible for paying all government charges or duties of any kind incurred in or in connection with SRSR’s provision of Services. Such charges include without limitation all stamp duties, GST, financial institution duties, and any other charges or duties of a like kind.
5.4 Failure to pay
If the Client fails to pay SRSR any amount under this Agreement by the due date for payment, SRSR may immediately do any or all of the following, without any liability, until all overdue fees are paid:
(a) charge the Client interest on the overdue amount at the Interest Rate, calculated on daily basis;
(b) terminate this Agreement without any obligation to refund the Client any money in respect of the cancellation, even if the contractual term of this Agreement has not expired;
(c) initiate proceedings against the Client to recover the overdue amount (despite any dispute resolution clause in this Agreement); or
(d) recover all costs in relation to any action taken against the Client to recover overdue amounts, including but not limited to legal costs and outlays on a full indemnity basis.
6. Ancillary Statements
6.1 Not Professional Advice
The Client acknowledges and agrees that:
(a) as part of the Services, SRSR or its Representatives may make statements and suggestions that are outside the scope of the Services. These may include, but are not limited to, statements relating to diet, physiotherapy, weight training, and injury treatment (“Ancillary Statements”);
(b) unless expressly stated otherwise, SRSR and its Representatives do not have, and do not purport to have, any specialist knowledge of the matters contained in the Ancillary Statements. Without limitation, SRSR and its Representatives will not provide, or purport to provide, medical advice to the Client or any other person;
(c) none of the Ancillary Statements are intended to be, or to replace, independent advice from a professional skilled in that area. SRSR recommends that the Client obtain independent advice from a suitably qualified professional; and
(d) to the extent permitted by law, the Client releases and indemnifies SRSR and its Representatives from any Claims arising from the Client adopting or following any Ancillary Statements.
7. Liability
7.1 Consumer Law
The parties acknowledge that, under the Consumer Law, certain conditions and warranties may be implied in these terms and conditions and there are rights and remedies conferred upon the Client in relation to the provision of goods and services that cannot be excluded, restricted or modified by this Agreement (“Non-Excludable Conditions”). Nothing in this Agreement is intended to exclude the Non-Excludable Conditions.
7.2 Exclusion and Warranty
Subject to the application of any applicable Non-Excludable Condition and to the maximum extent permitted by law, SRSR:
(a) excludes from this Agreement all guarantees, conditions and warranties that might but for this clause be implied into this Agreement;
(b) excludes all liability to the Client for any costs, expenses, losses and damages suffered or incurred directly or indirectly by the Client in connection with this agreement, whether that liability arises in contract, tort or under statute; and
(c) will not, under any circumstances, be liable to the Client for any Consequential Loss;
and the Client warrants to SRSR, as a condition of engaging SRSR to perform Services under any Order, that it acknowledges, understands and agrees to the above terms.
7.3 Limitation
If SRSR’s liability under this Agreement cannot be lawfully excluded, to the maximum extent permitted by law, SRSR’s liability for breach of any Non-Excludable Condition is limited to (at SRSR’s option) the supplying of the services again; or the payment of the cost of having the services supplied again.
8. Indemnity
8.1 Client Indemnity
The Client agrees to indemnify SRSR and its Representatives against all liability arising from Claims for:
(a) any harm to, claim, or action by a third party arising directly or indirectly from the Services or Programs;
(b) any personal injury or death arising directly or indirectly out of the Client’s conduct;
(c) any damage to property arising directly or indirectly out of the Client’s conduct;
(d) any negligent or unlawful act or omission by the Client in connection with the Services or Programs;
(e) SRSR or a third party’s reliance on a misleading representation made by the Client;
(f) any failure by the Client to honour its warranties under this agreement;
(g) SRSR being obliged to correct data upon request by a person in accordance with Privacy Law;
(h) any complaints process initiated by a person under Privacy Law; or
(i) any other cost incurred by the SRSR as a result of a person pursuing rights conferred upon them by Privacy Law.
8.2 Conditions of indemnity
(a) SRSR may make a Claim under the indemnities in this Agreement in relation to a cost before having incurred the cost, or before making a payment in relation to the cost.
(b) The indemnities in this Agreement shall be in addition to any damages for breach of contract to which SRSR may be entitled. Nothing in the indemnities in this Agreement will be construed so as to prevent SRSR from claiming damages in relation to the Client’s breach of any term of this Agreement.
(c) Each indemnity in this Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of this Agreement for whatever reason.
9. Intellectual Property
9.1 Intellectual Property Rights.
(a) Unless otherwise agreed, each party retains ownership of all Intellectual Property rights in material owned or created by that party independently of this Agreement. None of that Intellectual Property is assigned or transferred by way of this Agreement.
(b) The parties agree that all Intellectual Property rights in:
(i) the Services, the Programs, and any other material, methods or content developed by SRSR under this Agreement; and
(ii) any improvements, modifications or enhancements to the Services, the Programs, and any other material developed by SRSR in the course of providing the Services,
(collectively, the Services IP)
will vest in and are owned by SRSR upon creation, even if based on the Client’s new feature request or feedback.
(c) Without limiting the Client’s rights at law, and subject to any conflicting rights granted by this Agreement, the Client must not, without SRSR’s written consent:
(i) sell, sublicense, rent, lease, lend, modify, alter, translate, reproduce, transmit, distribute, publicly display, publicly perform, publish, adapt, or edit any part of the Services IP;
(ii) combine or incorporate the Services IP for any commercial purpose without SRSR’s consent in writing;
(iii) copy the Services IP, in whole or in part, except to incorporate the Services IP into hard or soft copy documents for personal training purposes;
(iv) use the Services IP in any way which is not in accordance with the specifications and this Agreement;
(v) use the Services IP for any unlawful purpose; or
(vi) authorise any other party to do any of the acts listed above.
9.2 Third party material
SRSR may use third party materials where needed to provide the Services and Programs. Use of third-party materials may be subject to creative commons or open-source licensing terms, or any third-party licensing terms as notified by SRSR to the Client.
10. Dispute Resolution
10.1 Dispute Resolution Process
(a) Subject to clause 10.1(f), any dispute which arises between the parties in connection with this agreement (dispute) must be dealt with in accordance with the requirements of this clause 10, before either party will be entitled to commence proceedings against the other party in respect of the dispute.
(b) The party claiming that a dispute has arisen (complainant) must give the other party a written notice setting out a detailed explanation of the nature of the dispute; and what action the complainant thinks will resolve the dispute (dispute notice).
(c) Within 5 Business Days of the dispute notice being received by the other party, a nominated Representative of each party must meet in Brisbane, Queensland (unless otherwise agreed between the parties), act in good faith and use best endeavours to resolve the dispute at that meeting, or such subsequent meetings as may be reasonably required.
(d) If the dispute is not resolved pursuant to clause 10.1(d) within 30 days of the dispute notice being received by the other party, the parties agree to attend a privately held mediation with a mediator appointed by both parties and in the absence of agreement within 7 days of disagreement by such mediator as appointed by the President, or person in like office of the Resolution Institute.
(e) If the dispute is not resolved within a further 30 days pursuant to clause 10.1(d) then either party may commence proceedings against the other party in respect of the dispute.
(f) Nothing in this clause 10 prevents a party from seeking urgent injective or similar relief from a court.
10.2 Dispute resolution not to apply to debts
The dispute resolution procedure set out in this clause 10 will not apply in any instance where SRSR seeks to enforce a debt in connection with this Agreement.
11. Termination by SRSR
11.1 Termination
SRSR may terminate this Agreement immediately by written notice to the Client if the Client:
(a) is in material breach of this Agreement;
(b) is in default for more than 20 days;
(c) becomes bankrupt;
(d) is convicted of a criminal act; or
(e) experiences a change in its creditworthiness.
11.2 Termination not to affect obligation to pay
Termination of this Agreement shall not affect the Client’s obligation to pay any outstanding amounts or other amounts in relation to Services already performed.
12. General
12.1 Confidentiality
(a) A party must not, without the prior written approval of the other party, disclose the other party’s Confidential Information.
(b) A party will not be in breach of this confidentiality clause in circumstances where it is legally compelled to disclose the other party’s Confidential Information.
(c) Each party will take all reasonable steps to ensure that they and their Representatives do not make public or disclose the other party’s Confidential Information.
(d) Notwithstanding any other provision of this clause, a party may disclose Confidential Information to their solicitors, auditors, insurers and accountants.
12.2 Communications
(a) Communications must be in writing.
(b) Either party may serve any communication on the other party by sending it to that party’s email address. A communication by email will be taken to have been received by the addressee at the earlier of the time stated in a read receipt sent by the recipient’s computer or when the message has been delivered to the email address of the addressee.
(c) If delivery is made after 5:00pm on a Business Day, it must be treated as received on the next Business Day.
(d) For the purposes of the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions (Queensland) Act 2001 (Qld), the parties agree to send, receive and execute notices and documents electronically, and agree that any document signed electronically will be binding with the same effect as a physical signature.
12.3 Privacy Policy
The Privacy Policy as amended from time to time is deemed to be incorporated into this Agreement.
12.4 Inconsistency with other documents
If this Agreement is inconsistent with any other document between the parties (including but not limited to the Privacy Policy), this Agreement prevails to the extent of the inconsistency.
12.5 Counterparts
A document which requires signing between the parties may be executed in any number of counterparts including where they are exchanged by facsimile or by email containing that document as an unalterable attachment. All counterparts together will be taken to constitute one instrument.
12.6 Reliance
Neither party has entered into any agreement in reliance on or as a result of any representation, promise, statement, conduct or inducement by the other otherwise than as set out in this Agreement.
12.7 Relationship of parties
The relationship of the parties does not form a joint venture, partnership or agency, or create any form of employment relationship.
12.8 Severability
Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
12.9 No waiver except in writing
No part of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided expressly and in writing.
12.10 Governing law
The laws of Queensland govern this Agreement. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
12.11 Assignment
(a) The Client cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of SRSR.
(b) SRSR may assign, novate or otherwise transfer any of its rights or obligations under any contract arising from this Agreement to a third party without notice to, or the prior consent of the Client, but if SRSR requires, the Client will sign any documents to give effect to an assignment, novation or transfer by SRSR under this clause.
12.12 Unforeseen Event
(a) The obligations of the parties under this Agreement are suspended to the extent that an Unforeseen Event affects them, as long as the Unforeseen Event continues.
(b) If an Unforeseen Event continues for more than 20 Business Days, SRSR may terminate this Agreement by notice in writing to the Client of not less than 5 Business Days.
(c) A party claiming an Unforeseen Event must use their best endeavours to remove, overcome or minimise the effects of that Unforeseen Event as quickly as possible.
Privacy Policy
1. Privacy Policy
1.1 Background
We recognise and value:
(a) the protection of your personal information; and
(b) that you have an interest in our collection and use of your personal information.
We have implemented this Privacy Policy in accordance with the Privacy Act 1988 (Cth) (Privacy Act), Australian Privacy Principles (APP) and other data protection rules in order to be open and transparent about how we collect, hold, and use your personal information, and under what circumstances we may disclose or transfer it.
Please note that this Privacy Policy forms part of the Start Running Stay Running Pty Ltd
ACN 647 265 325 (we, our, us and other similar terms) terms and conditions of our various agreements with you (if any).
1.2 Disclaimer
While your privacy is very important to us, nothing in this privacy policy constitutes a voluntary opt in to any privacy laws, anywhere in the world, which we are not statutorily bound to comply with.
1.3 What is “personal information”?
Personal information held by us may include your:
(a) name and date of birth;
(b) residential and business postal addresses, telephone/mobile/fax numbers and email addresses;
(c) bank account and/or credit card details for agreed billing purposes;
(d) any information that you provided to us by you during an account creation process or added to your user profile;
(e) preferences and password for using our software and services;
(f) your computer and connection information; and
(g) any information that you otherwise share with us.
1.4 Collection
We collect personal information:
(a) when you use the website startrunningstayrunning.com.au and any associated services or software, including (without limitation) when you:
(i) use our software, services or the software and services of any associated third parties under an agreement with us;
(ii) create an account;
(iii) enter information on software or services which we provide to you;
(iv) add information to your user profile(s);
(v) purchase any services, hardware or software through us or our site;
(vi) complete an online contact form to contact us or any third-party supplier;
(vii) provide information to us by telephone or through marketing forms; or
(viii) send us an email or other communication;
(b) in order to assist you with the supply of goods and/or services and any related assistance or other purposes requested through such communication.
Information will only be collected directly from you unless you authorise another person to provide the information.
1.5 IP addresses
We may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. We collect and manage IP addresses as part of our services, website and for security purposes. We may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, the website and any products/services.
1.6 Use
The personal information you provide is used for purposes related to our primary business operations, which is providing software and services to third party organisations, government bodies and associated individuals. Examples of when your information may be used include:
(a) providing you with the products and services you have requested;
(b) administration needs in relation to providing you with products and service, including your account;
(c) dealing with requests, enquiries or complaints and other customer care related activities;
(d) verifying your identity;
(e) informing you about our products and services;
(f) assisting you to use functionality on the website or services;
(g) processing any purchases of services that you may make through us or this site, including charging, billing and collecting debts;
(h) making changes to your account(s);
(i) responding to any queries or feedback that you may have;
(j) conducting appropriate checks for credit-worthiness and for fraud;
(k) preventing and detecting any misuse of, or fraudulent activities involving, this site, the services or software;
(l) conducting research and development in respect of our services;
(m) gaining an understanding of your information and communication needs or obtaining your feedback or views about our services in order for us to improve them;
(n) maintaining and developing our business systems and infrastructure, including testing and upgrading of these systems,
(o) marketing our products and services generally; and
(p) carrying out any activity in connection with a legal, governmental or regulatory requirement imposed on us or in connection with legal proceedings, crime or fraud prevention, detection or prosecution; and for any other purpose reasonably considered necessary or desirable by us in relation to the operation of our business.
We may also use personal information for purposes (as would be reasonably expected by you) in connection with those activities described above. We will not use your information for purposes other than as described in this privacy policy unless we have your consent, or there are specific law enforcement, public health or safety reasons.
1.7 Our use of Cookies, Pixels and Web Beacons
This site and our products and services may use “cookies” to help personalise your online experience. A Cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used by us: a persistent cookie and a session cookie.
A persistent cookie is entered by your web browser into the “Cookies” folder on your computer and remains in that folder after you close your browser and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer.
Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. We extend the same privacy protection to your personal information, whether gathered via cookies or from other sources.
You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.
1.8 Why we use cookies
This site and our other services may use cookies in order to:
(a) remember your preferences;
(b) show relevant notifications to you (e.g., notifications that are relevant only to users who have, or have not, created an account or subscribed to newsletters or email or other subscription services); and
(c) remember details of data that you choose to submit to us (e.g., through online contact forms or by way of comments, forum posts, chat room messages, reviews, ratings, etc).
Many of these cookies are removed or cleared when you log out, but some may remain so that your preferences are remembered for future sessions.
1.9 Third party cookies
In some cases, third parties may place cookies through this site. For example:
(a) Google Analytics, one of the most widespread and trusted website analytics solutions, may use cookies de-identified data about how long users spend on this site and the pages that they visit;
(b) Google AdSense, one of the most widespread and trusted website advertising solutions, may use cookies to serve more relevant advertisements across the web and limit the number of times that a particular advertisement is shown to you; and
(c) third party social media applications (e.g., Facebook, Twitter, LinkedIn, Pinterest, YouTube, Instagram, etc) may use cookies in order to facilitate various social media buttons and/or plugins in this site. Log files track actions occurring on the websites, and collect data including your IP address, browser type, internet service provider, referring/exit pages, and date/time stamps.
1.10 Our use of Google Analytics
In the case of Google Analytics information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.
Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.
By using this website, you consent to the processing of data about you by Google in the manner described in Google’s Privacy Policy and for the purposes set out above. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google.
1.11 Interacting with Us
If you contact us with a general question, we may interact with you anonymously or through the use of pseudonyms.
However, you are required to provide true and accurate details when requesting that we supply services to you. You agree you will provide accurate information if so required.
1.12 Direct Marketing
From time to time we may send you marketing or promotional material. Marketing and promotional material will only be sent to you if you have opted into receiving marketing material.
We (or an appointed third party) may also conduct surveys or market research and may seek other information from you on a periodic basis. These surveys will provide us with information that allows improvement in the type, quality and the manner in which those products and services are offered to you.
To opt-out of receiving certain marketing material, you may contact us or select the “unsubscribe” link provided in the email.
1.13 Sharing your Personal Information
We may disclose your personal information to:
(a) employees, a related company and professional advisors such as our lawyers;
(b) law enforcement agencies to assist in the investigation and prevention of criminal activities;
(c) credit-reporting and fraud-checking agencies;
(d) credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision and financing);
(e) government and regulatory authorities and other organisations, as required or authorised by law;
(f) organisations who manage our business strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our business risk and funding functions; and
(g) third party contractors or service providers with whom we have a business association, including:
(i) integration providers;
(ii) marketing service providers;
(iii) accounting service providers; and
(iv) information technology service providers including cloud application providers.
We will not disclose your personal information other than in accordance with this privacy policy without your consent. Unless necessary for our business purposes, we will de-identify your information where it is shared with third parties under clause 1.12(g).
1.14 Overseas Disclosure
We may disclose your personal information third party contractors, service providers or customers with whom we have a business association.
While we do not otherwise actively disclose your personal information to overseas entities (unless provided for in a separate agreement with you), we do engage service providers (such as cloud data services or communications providers) who may have international data centres, hardware and disaster recovery sites. Consequently, these providers may have access to your information.
We rely solely on reputable organisations for such cloud services.
1.15 Security of your Personal Information
We store your personal information using servers which have built-in measures to combat unauthorised access, modification or disclosure.
While we endeavour to only hold personal information that is accurate, complete and up-to-date, if you become aware your information is no longer accurate, complete or up-to-date please contact us.
1.16 Disposal of personal information
If we hold personal information about you, and we do not need that information for any purpose, we will take reasonable steps to destroy or de-identify that information, in accordance with the APP and the European Union General Data Protection Regulation (GDPR), unless we are prevented from doing so by law.
You may make a request to us in writing to remove your personal information and, where permitted, we will do so in accordance with the APP and the GDPR.
Under Australian law, financial records, such as those relating to financial transactions, must be retained for 7 years after the transactions contemplated by those records are completed.
1.17 How to access your Personal Information
Upon your request and after satisfying ourselves of your identity, we will provide access to your personal information we hold except in certain prescribed circumstances which include, where:
(a) we believe giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
(b) giving you access would be unlawful;
(c) granting that access would have an unreasonable impact on the privacy of other individuals;
(d) we would be in breach of our obligations under a Technical Assistance Notice (TAN), Technical Capability Notice (TCN) or Computer Access Warrant (CAW) from an Australian Government agency;
(e) the request for access is frivolous or vexatious; or
(f) there are anticipated legal proceedings.
We will amend any personal information about you that is held by us and that is inaccurate, incomplete or out of date if you request us to do so. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information that is held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.
1.18 Third Party Websites
You may click-through to third party websites from this site, in which case we recommend that you refer to the privacy statement of the websites you visit. This Privacy Policy applies to this site only and we assume no responsibility for the content of any third-party websites.
1.19 GDPR
We welcome the General Data Protection Regulation (GDPR) of the European Union (EU) as an important step forward in streamlining data protection globally. Although we do not operate an establishment within the EU and do not target any offering of services towards clients in the EU specifically, we intend to comply with the data handling regime laid out in the GDPR in respect of any personal information of data subjects in the EU that we may obtain.
GDPR rights
The requirements of the GDPR are broadly similar to those set out in the Privacy Act and include the following rights:
(a) you are entitled to request details of the information that we hold about you and how we process it. For EU residents, we will provide this information for no fee;
(b) you may also have a right to:
(i) have that information rectified or deleted;
(ii) restrict our processing of that information;
(iii) stop unauthorised transfers of your personal information to a third party;
(iv) in some circumstances, have that information transferred to another organisation; and
(v) lodge a complaint in relation to our processing of your personal information with a local supervisory authority; and
(c) where we rely upon your consent as our legal basis for collecting and processing your data, you may withdraw that consent at any time.
If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. However, please be aware that:
(d) such objection or withdrawal of consent could mean that we are unable to provide our services to you, and could unduly prevent us from legitimately providing our services to other clients subject to appropriate confidentiality protections; and
(e) even after you have chosen to withdraw your consent, we may be able to continue to keep and process your personal information to the extent required or otherwise permitted by law, in particular:
(i) to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and which does not materially impact on your rights, freedoms or interests; and
(ii) in exercising and defending our legal rights and meeting our legal and regulatory obligations.
1.20 Compliance with Australian Assistance and Access Legislation
The laws have recently changed here in Australia to compel companies to share data with Australian intelligence agencies and law enforcement or build in data sharing mechanisms which may report directly to these agencies. While we endeavour to protect your data and our technology from vulnerabilities wherever possible, we can’t break the law, nor can we inform you when we’ve been issued with a notice under the new legislation.
By using our platform or website, you expressly release and indemnify us from any liability to you which arises from sharing data or building data sharing mechanisms (including ‘back-doors’ and vulnerabilities) into our technology at the direction of Australian Government and its agencies, including where those mechanisms are later exploited by a third party.
1.21 User Security
New digital threats are emerging all the time, and the online environment is more hostile than ever. To protect your data online, including any data or material transmitted by you to us, we recommend reading, implementing and observing any relevant procedures and safety tips recommended by the Department of Industry, Innovation and Science (see – https://www.business.gov.au/Risk-management/Cyber-Security) and the Australian Cyber Security Centre (see – https://www.acsc.gov.au/ and https://cyber.gov.au) from time to time.
1.22 Complaints procedure
Your privacy is important to us. If you have a complaint or concerns about our information handling processes as they relate to your personal information, we ask that you first contact our privacy officer whose contact details are listed below.
If, after we have conducted our investigations you are still not satisfied then we ask you consult with:
The Office of the Australian Information Privacy Commissioner
GPO Box 5218
Sydney NSW 2001
Telephone: 1300 363 992
Email: enquiries@oaic.gov.au
1.23 How to contact us
If you have any queries, questions, concerns or wish to make a complaint regarding how we deal with your personal information please contact us:
The Privacy Officer
Start Running Stay Running Pty Ltd ACN 647 265 325
Telephone: 0434 345 145
Email: startrunningstayrunning@gmail.com
1.24 Amendments to this Privacy Policy
We are obliged to regularly review and update this policy. We therefore reserve the right to amend this Privacy Policy at any time. Should any significant amendments occur, notification will be provided on the website after the changes have been made. Your continued use after you receive the notification indicates your consent to be bound by the amended Privacy Policy.
For further information about privacy in general, please refer to the Office of the Australian Information Commissioner’s website located at http://www.oaic.gov.au .
Alternatively, please contact our Privacy Officer using the details provided above.
Last amendment date: [28 January 2021]
