SWIM BIKE RUN APP - Terms of Service

Please also review British Triathlon’s privacy policy (https://www.britishtriathlon.org/about-us/governance/privacy-notice).

Welcome to the Swim Bike Run App (‘App’). BTF sets out the terms of service and use below. Please review them carefully. Here are a few highlights:

  • Your privacy is critically important to us. See how we collect and use your personal information in our Privacy Policy.
  • We expect you to be respectful and we can cancel your account if you act inappropriately.
  • British Triathlon is not liable for your activities and no warranties are made by British Triathlon.
  • We want your feedback, and you allow us to use it.
  • There are easy ways to reach us if you have questions or need help.

1. TERMS

Please read these British Triathlon Terms of Service (the “Terms”). These Terms govern your use of the App and are an agreement between you and British Triathlon Federation (“British Triathlon,” “we,” “our,” or “us”). British Triathlon Federation Ltd. is a company whose registered office is at 1 Oakwood Drive, Michael Pearson East, Loughborough University, Loughborough, Leicestershire, LE11 3QF, United Kingdom, and the National Governing Body for Triathlon in Britain. 

If you are a minor your parent or guardian must review and consent to these Terms, including our Privacy Policy, before you can use the App. 

By using the App, you are confirming that you (or, if you are a minor, your parent or guardian) have read and accept these Terms and that you will comply with them. If you (or, if you are a minor, your parent or guardian) does not agree, with these Terms, including our Privacy Policy, you must not use the App. 

British Triathlon may modify these Terms at any time, and if we do, we will notify you by posting the modified Terms on the App on the British Triathlon website. 

2. PRIVACY 

Our App is designed to enable you to interact in game worlds blended with information from the real world. To provide the App, we need information about you, and we only use your information where we have a legal basis to do so. Please refer to our privacy policy (https://www.britishtriathlon.org/about-us/governance/privacy-notice) which is part of these Terms and incorporated by reference, to help you understand what information we collect, how we use it and what choices you have when you use our App. 

3. SAFE AND APPROPRIATE USE OF THE APP

While you are using our App, please be aware of your surroundings. You agree that in conjunction with your use of the App, you will maintain safe and appropriate contact with other people in the real world. You will not harass, threaten, or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or harm or liability of any kind. 

If you are a minor, your parent or guardian should supervise your use of the App.

Your use of the App is at your own risk, and you must not use the App to violate any applicable law, regulation, venue policies, or instructions as outlined in these Terms or encourage or enable any other individual to do so.

4. ACCOUNT SUSPENSION OR TERMINATION 

We may suspend or terminate your access to and use of the App, at our sole discretion, at any time and without notice to you, for any reason, including but not limited to (a) your failure to comply with these Terms; (b) fraud or misuse of the Content or the App by you; or (c) other unlawful activity associated with your Account. 

5. LIMITED USE LICENSE 

Subject to any system requirements, British Triathlon grants you the non-exclusive, non-transferable, limited right and license to install and use one copy of the App solely for your personal use. All rights not specifically granted are reserved by British Triathlon. The App is licensed, not sold, for your use. Your license confers no title or ownership in the App, and should not be construed as a sale of any rights in the App. These Terms shall also apply to patches or updates you may obtain for the App unless that patch or update is accompanied by additional terms.

YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN THE APP OR THE CONTENT (AS DEFINED BELOW), INCLUDING, WITHOUT LIMITATION, ONLINE ACCOUNTS OR ANY VIRTUAL ITEMS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL RIGHTS IN AND TO THE APP AND CONTENT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF BRITISH TRIATHLON AND ITS LICENSORS.

6. CONTENT AND CONTENT LICENSE

Subject to your compliance with these Terms, British Triathlon grants you a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to download, view, display, and use the Content solely for your permitted use within the App. “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the App.

7. LICENSE CONDITIONS

LICENSE CONDITIONS: These licenses are subject to the following limitations (“License Limitations”). Any use of the App or Content in violation of the License Limitations will result in an immediate termination of your license and continued use of the App will be an infringement of British Triathlon’ copyrights and other rights in and to the App and Content. 

You agree that you will not do, or allow, any of the following: 

  • commercially exploit the App or Content or any part thereof, including but not limited to (a) gathering in-App items or resources for sale outside the App, (b) performing services in the App in exchange for payment outside the App, or (c) selling, reselling, or renting the App or the Content
  • subject to any system requirements, use the App on more than one system at the same time; 
  • make copies of the App or Content, in whole or in part; 
  • sell, rent, lease, license, distribute, or otherwise transfer the App or Content; 
  • use the App or Content, or any portion thereof, in a manner or for a purpose not permitted by these Terms;
  • subject to applicable laws, reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the software and other proprietary technology in the App or Content, in whole or in part; 
  • use, display, mirror, or frame the App or any individual element within the App, British Triathlons’ name, any trademark, logo, or other proprietary information contained in the App or Content, or the layout and design of any Content without British Triathlon’ or its licensors’ express written consent;
  • use any meta tags or other hidden text or metadata utilizing a trademark, logo, URL, or product name contained in the App or Content without British Triathlon or its licensors’ express written consent;
  • remove, disable, or circumvent any proprietary notices or labels contained on or within the App or Content; 
  • bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by British Triathlon or any third party to protect the App or Content; or
  • export or re-export the App in violation of any applicable laws or regulations.

You agree that you will not do, or allow, any of the following while using the App:  

  • disrupt normal App functionality, or otherwise act in a manner that negatively affects other individuals and/or the overall App experience; 
  • harass, threaten, embarrass or cause distress or discomfort upon another individual or entity; 
  • impersonate any person or entity, including but not limited to British Triathlon; 
  • post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation; 
  • intentionally or unintentionally violate any applicable law, regulation, or treaty while using or accessing the App; or 
  • invade the privacy or violate or infringe any right of any person or entity, including, without limitation, any intellectual property right. 

Parents and guardians of children under the age of majority in their jurisdiction agree that you will be responsible for all uses of the App or Content by your child whether or not such uses were authorized by you. 

ALL RIGHTS GRANTED TO YOU UNDER THESE TERMS WILL TERMINATE IMMEDIATELY IN THE EVENT THAT YOU ARE IN BREACH OF ANY OF THE TERMS.

Although British Triathlon is not obligated to monitor access to or use of the App or Content, we have the right to do so for the purpose of operating the App, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects the App or Content. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.

8. OWNERSHIP

All title, ownership rights, and intellectual property rights in and to the App and Content are owned by British Triathlon. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the App or Content. The App and Content may contain certain licensed materials, and British Triathlon licensors may protect their rights in the event of any violation of these Terms. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON A BRITISH TRIATHLON SYSTEM, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THESE ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF BRITISH TRIATHLON. BRITISH TRIATHLON MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.

9. USER FEEDBACK 

You can submit feedback, comments, and suggestions for improvements to the App (“Feedback”) by contacting app@britishtriathlon.org with details. To the fullest extent permitted by applicable law, by submitting any Feedback you automatically grant (or represent and warrant that the owner of such rights has expressly granted) British Triathlon a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such Feedback or incorporate the content of such Feedback into any form, medium, or technology now known or later developed throughout the universe, and agree that British Triathlon shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation (but subject to applicable laws), notice or attribution.  You waive and agree not to assert against British Triathlon or any of its partners, affiliates, subsidiaries or licensees, any moral or similar rights you may have in any of your Feedback.  

10. THIRD PARTY WEBSITES OR RESOURCES 

The App may contain links to third party websites or resources. British Triathlon provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources.

British Triathlon is not responsible for the availability or quality of third party services, including cell phone networks, hotspots, wireless internet and other services. Such third party services may affect your ability to utilize the App and you hereby waive and release British Triathlon and any other party involved in creating or delivering the App or Content from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third party services.

11. DISCLAIMER OF WARRANTIES 

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE APP AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, BRITISH TRIATHLON EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BRITISH TRIATHLON MAKES NO WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BRITISH TRIATHLON MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APP. YOU UNDERSTAND THAT BRITISH TRIATHLON DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE APP. BRTISH TRIATHLON MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE APP. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APP, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

12. LIMITATION OF LIABILITY 

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE BRITISH TRIATHLON’S LIABILITY TO YOU:

  • FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE;
  • FOR FRAUDULENT MISREPRESENTATION; OR
  • FOR ANY OTHER LIABILITY THAT MAY NOT, UNDER THE LAWS OF THE JURISDICTION WHERE YOU RESIDE, BE LIMITED OR EXCLUDED.

SUBJECT TO THIS, IN NO EVENT SHALL BRITISH TRIATHLON BE LIABLE TO YOU FOR ANY BUSINESS LOSSES AND ANY LIABILITY BRITISH TRIATHLON DOES HAVE FOR LOSSES YOU SUFFER IS STRICTLY LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE AND SHALL NOT, IN AGGREGATE, EXCEED THE THE SUM OF GBP£500.

13. GOVERNING LAW AND EXCLUSIVE VENUE 

The laws of England and Wales govern the interpretation of these Terms and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the United Kingdom.

14. CONTACT INFORMATION 

If you have any questions about these Terms or the App, please contact British Triathlon at app@britishtriathlon.org or British Triathlon, 1 Oakwood Drive, Michael Pearson East, Loughborough University, Loughborough, Leicestershire, LE11 3QF.

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