This Website is operated by Social Runner Pty Ltd ABN 16 607 078 286 (“Social Runner”) and its related entities. The term “our Website” refers to all information and content contained under the domain name socialrunner.net. The terms “we”, “our” and “us” refer to Social Runner and “you” or “your” refers to the person accessing our Website. By visiting our Website and/or purchasing something from us you engage in our “Service”.
Your use of our Website and is governed by these Terms of Service (“Terms”) unless we expressly provide otherwise. By accessing or otherwise using the Social Runner Website and our Service, you agree to be bound by these Terms.
Use of the Social Runner Website
These Terms apply to all visitors, users and others who access or use our Website and/or Service. You warrant that you are at least 18 years old and you are legally capable of entering into binding contracts. If you are under 18 years old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
We are entitled, as our sole discretion, to change, modify amend, add or remove any part of these Terms and to change, amend or delete any features of our Website at any time, without notice. Your continued use of our Website after this time constitutes an agreement by you to abide by and be bound by these Terms, as so amended.
We have taken all reasonable care in producing our Website, however changes to the Website may occur at any time which may affect the accuracy or completeness of the information. We accept no responsibility for any loss, expense or liability which you may incur from using or relying on the contents of our Website.
Our failure or delay to exercise or enforce any right in these Terms does not waive our right to enforce that right.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between us and you by these Terms.
If you wish to purchase a Service available through our Website, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Our Website and its original content, features and functionality are and will remain the exclusive property of Social Runner and its licensors. Social Runner owns all intellectual property in this material. Our Website and its contents are protected by copyright, trademark, and other intellectual property laws of Australia and foreign countries. You agree that you will not copy, reproduce, publish, alter, distribute, communicate or otherwise infringe Social Runner’s intellectual property in this Website by any means, in whole or in part, unless you have our prior written consent. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
Links To Other Web Sites
Our Website may contain links to third-party websites or services that are not owned or controlled by us.
We have no control over, and make no warranty or representation and accept no responsibility for, the content, privacy policies, or practices of any third party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites which are, or may become linked to our Website, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your access to our Website immediately, without prior notice or liability, for any reason whatsoever. If you breach any Terms your right to use and access our Website automatically terminates. Upon termination, you must immediately cease accessing and using our Website.
These Terms and the obligations of the parties shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
As a condition of your access to and use of the Website, you agree to indemnify Social Runner for any loss, damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, howsoever caused and incurred by Social Runner in connection with, or arising directly or indirectly as a result of your breach of these Terms or your use of or access to this Website.
This indemnification section survives the expiration of your use of our Website / and or Service, and applies to claims arising both before and after purchasing the Service.
Limitation of Liability
Our liability in respect of a service (other than services of a kind ordinarily acquired for personal, domestic or household use or consumption) is to the full extent permitted by law limited to, at our option, to: the supply of the services again; or the payment of the cost of having the services supplied again.
You agree that we are not liable to you or anyone else for any loss or damages, including direct, indirect, special or consequential loss, arising out of or in connection with the use of our Website and/or Services.
Subject to any responsibilities implied by law and which cannot be excluded, Social Runner and its directors, employees, agents, contractors and related bodies corporate, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential arising out of or in connection with the use of our Website and related Services by you, howsoever caused, whether in contract, tort, statute or otherwise.
You agree that we shall not be liable for any damages suffered as a result of using the Service. We are not liable for any Instagram accounts being banned and/or suspended as a result of you using our Service. Certain images may be liked by our Service that are inappropriate or irrelevant, we are not liable for any damage as a result (including your image). We do not guarantee that your new followers will interact with your future uploads.
In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
Subject to any law to the contrary (including the Australian Consumer Law): (a) we expressly disclaim all warranties of any kind; (b) your use of our Website and services is at your sole risk; and (c) our Website content and services are provided on an “AS IS” and “AS AVAILABLE” basis without any warranties or conditions of any kind, whether express or implied.
Social Runner does not warrant:
that the information contained in or accessible through the Website is accurate, without errors or defects, or complete. that the Website (including the software operating in connection with the Social Runner Website) will be free of viruses or other harmful components or that uninterrupted, secure access will be available at any particular time or location. that illegal, harmful or inappropriate use, modification or alteration of the Website will br prevented or that notice of such use, modification or alteration will be given. the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website; or the results of using this Service will meet your requirements.
This disclaimer of liability applies to any damages or loss caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorised access or, alteration of or use of record in connection with the use or operation of the Social Runner Website or Service (including the software operating in connection with the Social Runner Website), whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
Use of our Website and Service is governed by the laws applicable in the State of Victoria, Australia. All disputes arising from the use of this Website are exclusively subject to the jurisdiction of the courts of Victoria, Australia, courts entitled to hear appeals and the Federal Court of Australia (if applicable).
Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.
If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent within the jurisdiction in which that Term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive and continue to be binding and enforceable.
If you have any questions about these Terms, please contact us at [email protected].
Last updated: August 31, 2015