Terms of service
Welcome to RhodesRunner an online run coaching subscription service run by RhodesRunner Limited, a New Zealand limited liability company, whose registered office location is c/o AMS Limited, 44 York Place, Dunedin, OTAGO, 9016, New Zealand.
These terms of service along with terms specific your chosen subscription, provided to you at the time of signing up, set out the agreement for you access and use of all Rhodes Runner services.
You should read this agreement carefully.
You are responsible for exercising within your limits
The content of the RhodesRunner Limited website, including the Rhodes Runner Club, (“Site”) is provided to you, the user, to broaden your understanding and knowledge of endurance running and racing. This information should not be considered to be exhaustive of a particular topic and should never be used in place of a visit or call to, consultation with or advice from your physician, GP or other suitably qualified health care provider.
We strongly recommend that you consult your doctor before using any Rhodes Runner Service and follow your doctor's advice prior to using any information or advice contained in this Site that sets forth, illustrates, or suggests a particular diet, workout regimen, or activity. Further, we do not recommend the self-management of health problems because of the advice or recommendations contained in this Site. You should never disregard medical advice or delay in seeking it because of something you have read in this Site.
If at any time you feel you are exercising beyond your current fitness abilities, or you feel discomfort, pain, dizziness, or nausea, you should discontinue exercising immediately and seek medical attention. Nothing on the Rhodes Runner Site or Service constitutes medical or professional advice or care. We do not guarantee any exercise, health, weight loss or fitness results or improvements to users of Rhodes Runner Limited.
We do not assume any liability for injuries that may occur while using any information contained in this Site, regardless of whether a doctor was consulted.
Rhodes Runner Limited authorises you to view and use the material on this site solely for your personal, non-commercial use. The content of this site such as text, graphics, images, and other materials (“Materials”), are protected by copyright under both United States and foreign law. Unauthorised use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Materials and on any copies you make of the Material for your personal, non-commercial use. You may not sell or modify the Material in any way for any public or commercial purpose. The use of the Material on any other Website or in any networked computer environment for any purpose is prohibited. If you violate the terms of this Agreement, the Company and Service Provider reserve the right to terminate your access to the Site, and you must immediately destroy any copies you have made of the Material.
Your Subscription and Training Plan
To access and view content (training plans) you will need to:
- Register and Purchase a subscription service or training plan
- Be over 18 years old (or over the age of majority in your territory of residence, if over 18)
- Have internet access
- Provide us (our payment gateway partner) with a current, valid, payment method. This will be confirmed during the sign up process
- Your subscription which may start with a free period of access, will automatically renew, for a subsequent subscription period unless and until you or we cancel it in accordance with this Agreement.
- You can find details of your subscription by signing in to RhodesRunner Shopify Account.
- During your Subscription or Training Plan use, we grant you a limited, non-exclusive, non-transferable, non-assignable licence to access the Training plans and view Content on our site. Except for this licence, no right, title or interest in the Content or RhodesRunner Service shall be transferred to you. You must not reproduce, RhodesRunner training plans or the content for any commercial purpose.
Payments, Fees and Renewals
If you choose to elect to pay for any of our subscription services, you are obligated to pay subscription fees on a monthly basis. Subscription fees will be billed automatically to the Payment Method you selected and will renew automatically until membership is terminated. You authorise RhodesRunner Limited to charge your designated Payment Method for the subscription charges and fees. RhodesRunner Limited reserves the right to increase subscription fees or to institute new products, subscriptions and fees at any time upon reasonable notice posted in advance on this Site. Purchases of membership subscription to the RhodesRunner Club are final and non-refundable for any unused portions of your membership period.
Cancellation and refund
You may cancel your membership to RhodesRunner Club or any subscriptions at any time by contacting info@rhodesrunner.com or by cancelling in your subscription portal. Cancellation of your membership will go into effect at the end of your current subscription billing cycle. For all coaching subscriptions there is a 100% money back guarantee if you are unsatisfied with the service.
For training plan products there is a 100% money back guarantee, if you are unsatisfied with the plan.
For Giftcards, all valid (not expired) gifts with their full value can be refunded at anytime. Expired or part used giftcards will not be refunded.
Withdrawal Rights (EEA only)
Instructions on withdrawal:
Right of withdrawal
You have the right to withdraw from this contract within 14 days, without giving any reason. The withdrawal period will expire after 14 days from the day of conclusion of the contract.
To exercise the right of withdrawal, you must inform RhodesRunner Limited of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the below model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model Withdrawal Form:
(Complete and return this form only if you wish to withdraw from the agreement. We recommend that if you purchased your Subscription from a third party other than Les Mills (such as an app store), you should submit this form to that third party in order to withdraw from the agreement.)
— To
RhodesRunner Limited
c/o AMS Limited, 44 York Place, Dunedin, 9001, New Zealand
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: [insert name of service and subscription type]
— Ordered on (*)/received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is notified on paper)
— Date
____________
(*) delete as appropriate.
Termination
RhodesRunner Limited reserves the right to refuse or cancel service, terminate accounts and subscriptions at its sole and absolute discretion. You agree that RhodesRunner Limited shall not be liable to you or any third party for any termination of your account or access to the Site.
User Conduct
As a user of the Site, you alone are responsible for maintaining the confidentiality of your credentials to log onto the Site. You understand and agree that you are fully responsible for any and all content you upload to the Site. You understand that RhodesRunner Limited does not control the content posted to the Site by other users and makes no warranties as to the accuracy of such content. You agree to use caution when personally identifying yourself in any Content on the Site.
You agree not to post content to the Site that is unlawful; harmful, abuse, tortious, or vulgar; in violation of a contractual or fiduciary relationship; in violation of another’s patent, trademark, trade secret, copyright or other proprietary rights; promotional in nature for any third party service; or interferes with the functionality of the Site.
You acknowledge that RhodesRunner Limited reserves the right, in its sole and absolute discretion, to monitor and reject any Content that is available on the Site and that violates the Terms or is otherwise objectionable.
Content Submitted to the Site
RhodesRunner Limited does not own the Content that you submit to the Site. However, but agreeing to these Terms and Conditions, Rhodes Runner Limited is granted a perpetual, irrevocable license to use and distribute any Content on the Site for any purpose.
RhodesRunner Limited disclaims any and all responsibility to maintain and store a user’s content on the Site once the user cancels his or her subscription to the Site.
Interaction with Site Users
Rhodes Runner Limited has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Site. Rhodes Runner Limited shall have no responsibility to confirm or verify the qualifications, background, or abilities of users of the Site. It is your responsibility to exercise common sense and prudence when dealing with any other site user.
Indemnity
You agree to indemnify and hold RhodesRunner Limited and its affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Site, your use of the Site, your reliance on any Content on the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another person or entity.
Privacy Policy
RhodesRunner Limited (“Company”) focuses on creating comprehensive and informative running information for the Internet. This Online Privacy Policy Statement is designed to help us better serve our customer’s needs, while meeting their online privacy expectations. The Company Site automatically recognises information about our visitors in order to improve the quality of our Site and provide our users with dynamic web pages. To achieve this goal, we determine what computer you are accessing our Site from and record the pages you have viewed, as well as other Site usage information. This information allows us to better serve our visitors to the Site and improve our content. This information is not rented or sold to any other company. The Site does not collect personal identifying information except with your specific knowledge and consent. This information is never shared with any outside party without your prior consent. At times, the Site will request that you provide non-identifying information such as race distances and performance times so that we may provide you with customised information. It never is connected to any personal information. In some instances, we may require certain personal information, such as an e-mail address, mailing address, etc. This information will be used only for the specific purpose for which you supply it (e.g., signing up for the coaching program).
From time to time we may publish event results (publicly available information) that associates your name and the fact that you are training with RhodesRunner Limited. You may choose to opt out of these event reports and associated communications designating your request by email to info@rhodesrunner.com.
On occasion, we may run promotions or request material for publishing. In order to participate, we may require your identity and perhaps ask your permission to have it publicly associated with your submission. The exact rules will vary by case and will be clearly noted on relevant pages. Your participation will always be voluntary and knowing. We may contact you via e-mail or otherwise to inform you about specials, new products or services, or changes to this privacy policy. You may choose to opt out of communications by designating your request by email to info@rhodesrunner.com. We will not sell or rent your e-mail address to any third party outside of our organisation.
The Site contains links to other sites. Please be advised that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site.
From time to time we may request information from you through voluntary surveys, contests, and questionnaires. Participation through responding to us through the survey, contest, or questionnaire is completely voluntary. You may choose whether or not to participate and therefore disclose the requested information, and your use of this Site is not based on the disclosure of the requested information. Information requested may include contact information (such as name and shipping address) and demographic information (such as zip/postal code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of the Site. We reserve the right to utilise answers to requested information in order to directly market products and services to you.
Please periodically review this page to keep apprised of any changes to this RhodesRunner Limited Privacy Policy Statement. Additionally, please review the RhodesRunner Limited disclaimer to learn more about the terms and conditions governing this Site.
European Global Data Protection Regulation
RhodesRunner Limited understands Member Registration and Payment Information may be considered Personal Data under European Union Global Data Protection Regulations (GDPR). Rhodes Runner Limited endeavours to comply with GDPR including, but not limited to, a) protecting your right to have Personal Data collected only after you have specifically taken action to approve the collection of your Personal Data, b) the right to easily access a mechanism to withdrawal that approval and have your Personal Data promptly removed from our proprietary internal database, c) using industry standard best practices to maintain care, custody, and control over the Personal Data we collect, and d) reporting as prescribed by GDPR any breach of Personal Data within 72-hours of our discovery of such breach. Rhodes Runner Limited believes the nature and scope of the Personal Data it collects does not require the designation of a GDPR Data Protection Officer.
And, we aim to store as little personal information as possible. We store your name and email (and physical address, if necessary, for shipping physical products) in order to process your orders and send you an invoice.
We do NOT store your credit card information, which is entered by you directly with our payment provider.
Our vendors
We may share parts of your data with the following 3rd party vendors that we require to make your products and services work:
- ShopPay by Shopify, PayPal and Seal Subscriptions: For processing payments and managing subscriptions. Your name, email and credit card information is managed by them and never stored anywhere in our system.
- Judge Me the product review site, your name and email address is passed to them and managed.
- Final Surge: If you are a RhodesRunner member, then your order information is shared with Final Surge in order to provide access to your training plan and Club member content. You can delete or retrieve the information held by FinalSurge in accordance with their privacy policy.
- Google G Suite: For email communication with customers and website analytics.
- Facebook: Customer activity data is shared using the Meta Pixel, advanced matching, and Conversions API. Customers can disconnect this data from their Facebook account by changing their settings forOff-Facebook Activity.
Your data
If you wish to access, modify or delete your data please send an email to info@rhodesrunner.com with your request and we will make sure to process it as quickly as possible. If you have any questions or concerns please contact us using the same email address.
Arbitration
These Terms of Use shall be governed by and construed in accordance with the laws of the territory identified in the table below. However, these Terms and Conditions will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your territory of residence.
Territory of Residence Governing Law
Spain Spanish Law
Brazil Brazilian Law
United Arab Emirates, Kingdom of Saudi Arabia, Turkey
The laws of England and Wales
Rest of World New Zealand
You can bring a claim related to or arising from these Terms of Use in the courts of your territory of residence.
Governing Law and Severability
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If a modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
Informal Dispute Resolution Procedure
We are available at info@rhodesrunner.com to address any concerns you may have regarding this agreement or your use of the Rhodes Runner Service. Most concerns may be quickly resolved in this manner. You and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating an arbitration or small claims court suit. If you or RhodesRunner intends to seek arbitration or file a small claims court suit, the party seeking arbitration or small claims court must first notify the other party of the dispute in writing at least 45 days in advance of initiating the arbitration or small claims court suit (the “Notice Period”). Notice to Rhodes Runner should be sent to:
Rhodes Runner Limited
Address: c/o AMS limited, 44 York Place, Dunedin, 9001, New Zealand
(with a copy sent to info@rhodesrunner.com).
The notice must include enough information to allow the receiving party to assess and attempt to resolve the dispute, including but not limited to, (i) the name, address, telephone number, and email address of the party seeking arbitration or small claims court, (ii) the product or service at issue, (iii) a description of the claim, (iv) the facts supporting the claim, (v) the damages claimed to have been suffered, and (vi) the relief being sought (the “Dispute Notice”). The Notice Period is designed to allow you or Rhodes Runner to make a fair, fact-based offer of settlement if either chooses to do so. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing arbitration or a small claims court suit. The statute of limitations shall be tolled while the parties engage in the informal dispute resolution process.
Notices
Communications and notices required or permitted under this Agreement shall be deemed delivered when hand-delivered to the receiving person, or when mailed, certified mail, return receipt requested, in first class mail, to the addresses specified in the Agreement, or when faxed to the fax number or electronically transmitted to the Internet address specified, with hard copy mailed within three (3) days thereafter in the manner set forth above. The contact person and addresses for communications and notices are set forth in the Agreement. Any party may change its address for purposes of this notice provision by giving notice in the manner prescribed above.
Force Majeure
Neither party shall be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to acts of God, public enemy, civil war, strikes or labour disputes, or any other cause beyond the parties’ reasonable control. Each party agrees to notify the other party promptly of the occurrence of any such cause and to carry out this Agreement as promptly as practicable after such cause is terminated.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RHODES RUNNER LIMITED AND OR ITS AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OR USE OR INJURY TO PERSON OR PROPERTY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR RELATED SERVICES. SHOULD YOU BE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE THE USE OF THE SITE.
YOU voluntarily choose to utilise the services of RhodesRunner Limited in order to improve your training and racing. YOU understand that the training philosophy of Rhodes Runner Limited is to very gradually and scientifically increase your ability to train and race more effectively. YOU also understand that this training philosophy may create certain potential risks such as abnormalities in YOUR blood pressure, breathing, heart rate, and/or muscular-skeletal system that cannot be predicted with complete accuracy. YOU understand that YOU are responsible for monitoring YOUR own condition throughout the training program which YOU have chosen and agreed to undertake, and should any unusual symptoms or conditions occur, YOU will immediately cease following the training program and inform my PHYSICIAN / GP of the symptoms or condition. In stating that YOU agree to this agreement and waiver of liability, YOU acknowledge that YOU have read this form in its entirety and that YOU understand the potential risks associated with THE USE OF the TRAINING PROGRAMS ON THE SITE. YOU also agree to consult with and obtain written permission from YOUR primary care physician/GP prior to undertaking USE OF THE SITE. If YOU do not consult with and obtain permission from YOUR primary care physician/GP, YOU accept any and all consequences that may result from this inaction on YOUR part. YOU EXPRESSLY AGREE THAT RHODES RUNNER LIMITED IS NOT PROVIDING MEDICAL ADVICE VIA THE SITE. NO CONTENT FOUND ON THE SITE IS INTENDED TO BE AND SHOULD NOT BE IN PLACE OF THE ADVICE OF YOUR PHYSICIAN, GP OR MEDICAL PROFESSIONAL OR PRESCRIBED MEDICATION. SHOULD YOU HAVE AN EMERGENCY, YOU AGREE TO CONTACT YOUR PHYSICIAN, GP, EMERGENCY MEDICAL CENTER, OR HOSPITAL IMMEDIATELY. Finally, in consideration for being allowed to participate and choosing to engage in this training program, YOU agree to assume the risks of such training, and further agree to hold harmless Rhodes Runner Limited from any and all claims, suits, losses, and/or related causes of actions and damages, including, but not limited to, such claims that may result from my injury or death, accidental or otherwise, during or arising in any way from, the USE OF THE SITE.
Complete Agreement; Non-Waiver
This Agreement (as defined above) constitutes the entire agreement between the parties. This Agreement supersedes and replaces any and all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. This Agreement can only be amended by specific written amendment signed by both parties. Any failure by either party to require strict performance by the other of any provision of this Agreement shall not constitute a waiver of such provision or thereafter affect the parties full rights to require strict performance.
Thank you for taking the time to review the terms and conditions, which govern the use of this Site. We encourage you to periodically review these rules to keep yourself apprised of any revisions to this Agreement. If you do not agree to the terms contained in this Agreement, please cancel your membership to the Site and RhodesRunner Limited services.