Terms Of Use
1. Definitions
In these Conditions the following expressions have the meanings assigned to them respectively:
1.1. “CanYouHearMe” means Justin Templar registered as a Sole Trader (registered in Australia);
1.2. “Conditions” means the terms and conditions outlined herein including any additions or variations of these Terms Of Use made by CanYouHearMe; and these Conditions refer to and include the CanYouHearMe Privacy Policy;
1.3. “Customer” means any person to whom the CanYouHearMe sells or supplies a Product;
1.4. “Intellectual Property” includes confidential information, copyright, trademarks, patents, designs and digital Products including recipes, videos, resource material and online content;
1.5. “Order” means an Order placed by a Customer for the purchase of goods from CanYouHearMe;
1.6. “Product” means any mobile, smartwatch, TV or tablet applications sold by CanYouHearMe to the Customer, including but not limited to Pro Starter, RUN interval and Action Calendar (“Apps”).
1.7. “Site” means the website with address runinterval.com and prostarter.com.au including all landing pages and subpages of the websites;
1.8. “We” refers to CanYouHearMe; and
1.9. “You” refers to a Customer;
2. General
2.1. This Site at runinterval.com is a Site that advertises and references the Products sold by CanYouHearMe.
2.2. The purchase of all digital Products, apps, and online content is subject to the following terms and conditions. All Customers are advised to review these Conditions carefully before placing any Order, accessing, browsing or using this Site.
3. Agreement to these Conditions
3.1. By placing an Order with CanYouHearMe, you warrant that you are at least 18 years old or have your parent’s or guardian’s permission to buy from CanYouHearMe.
3.2. By accessing, browsing or using our Products or Site, you accept and agree to be legally bound by these Conditions, Disclaimers and Limitations of Liability. None of these Conditions affect any rights or obligations imposed under Australian Law.
3.3. By accessing, browsing or using this Site you acknowledge that you have read, understood and agreed to these Conditions.
4. Subscriptions & Billing
4.1. All payments made through iTunes are controlled and managed by Apple.
4.1.1. Payments will be charged to your iTunes Account at confirmation of purchase.
4.1.2. Subscription automatically renews, unless auto-renew is turned off at least 24-hours before the end of the current period.
4.1.3. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
4.1.4. You may manage your subscriptions and auto-renewal may be turned off by going to your iTunes account settings after purchase.
4.1.5. Any unused portion of a free trial period, if offered, will be forfeited if you purchase a subscription to the publication, where applicable.
4.2. Details on how to manage your subscriptions via iTunes Account Settings, can be found here.
5. Intangible Product Licences
5.1. Each CanYouHearMe Product contains intangible content or Intellectual Property in the form of sounds, images, videos or online content. Each Product and its associated content are subject to copyright protection.
5.2. You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Sites and Products.
5.3 These intangible Products remain the property of CanYouHearMe or its third party affiliates. Once an Order has been completed and a Customer has discharged their obligations to pay or continue to pay for a subscription, CanYouHearMe grants to the Customer a single Licence to use the Product subject to these Conditions.
5.4. Intangible Products are the subject of a license to the Consumer and are not sold to the Consumer. The Consumer has no right to lend, copy, distribute, share, lease, edit, on sell, modify, create derivative works of the Product, transfer or trade the Product in any form.
6. Account
6.1. Prior to placing an Order or using our Products, you may need to create an account with us.
6.2. Any information that you provide in this Account Creation process will be held and used by us in accordance with our Privacy Policy.
6.3. Accounts can only be created for individuals and are created for the named individual only. Accounts may not be transferred or sold to another person. You may update or cancel your account at any time through the Site.
6.4. All information provided to us in the Account Creation process must be true and correct. A Customer must not have more than one active account at any time.
6.5. Customers may not distribute, share, transfer or permit their account information, including passwords to be used or accessed by any third party.
6.6. If you suspect or become aware that your account has been accessed without authorisation or a breach of security has occurred in relation to your account, you must immediately notify us of this breach please contact us at canyouhearme.com.au.
7. Trademarks
7.1. “Pro Starter,” “RUN interval”, "Action Calendar" and any of the other CanYouHearMe Product names, logos or slogans that may appear on the Sites or Products are trademarks of CanYouHearMe and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilising “Pro Starter” or “RUN interval” or any other name, trademark or Product or service name of CanYouHearMe without our prior written permission.
7.2. The look and feel of the Sites and Products, including, without limitation, all app icons, page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of CanYouHearMe and may not be copied, imitated or used, in whole or in part, without our prior written permission.
7.3. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Sites or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by CanYouHearMe.
8. Privacy Policy
8.1. Our Privacy Policy forms part of these Terms and Conditions.
8.2. By accessing and using our Site you acknowledge and agree to our Privacy Policy.
9. Disclaimer
9.1 The contents of CanYouHearMe products (“the Apps”) along with the CanYouHearMe website (“the Site”), including text, graphics, images, video, opinions, information and other material (“Content”) are for informational purposes only.
9.2. We strongly recommend that you consult with you doctor before beginning any dietary or exercise program particularly if you have a personal or family history of high blood pressure, heart disease, chest pain, smoking, high cholesterol, obesity, bone or joint problems or if you are pregnant.
9.3. If you have any concerns or questions regarding your health or your personal needs you should always contact your doctor or physician. Always seek medical advice for any questions regarding a medical condition. If you experience faintness, dizziness, pain or shortness of breath at any time you must stop the physical activity immediately and contact your doctor before resuming. If you think you may have a medical emergency, call your doctor or emergency services immediately.
9.4. The content of our Site is not intended to replace or be a substitute for professional medical advice diagnosis or treatment. All content of our Site has been created for information purposes only.
9.5. You must be in good physical condition before using any of our Products whether tangible or intangible.
9.6. Before using our Product you acknowledge and agree that by participating in physical activity there exists the possibility of physical injury. If you engage in any exercise in connection with any of our Products, you agree that you do so at your own risk.
9.7. Subject to any rights granted by Consumer Protection Law in the Australia, you agree to discharge CanYouHearMe of all liability for any and all claims and causes of injury including for any and all injury, loss or damage of whatsoever nature including; personal injury, data or loss of income to the extent permitted by the law, where negligent or otherwise.
9.8 CanYouHearMe and our Published Authors make no representations or warranties about the accuracy or suitability of the Content or links provided on the Site or in the Apps. Without limitation this extends to any market research or commentary contained on the Site or the Apps.
9.9 CanYouHearMe and our Published Authors do not recommend or endorse any specific tests, medical practitioners, products, procedures, opinions or other information that may be mentioned on the Site or in the Apps. Reliance on any Content or other information provided by CanYouHearMe or other contributors appearing on the Site or in the Apps at the invitation of CanYouHearMe or other visitors to the Site or Apps is solely at the user’s own risk. Any person accessing the Site or Apps should exercise their own care, skill and diligence with respect to the use of the Content on the Site or Apps.
9.10 The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Customer agrees and understands that any and all contents and/or information contained on the app / website, including but not limited to nutritional and/or exercise information is being provided solely for informational purposes. In addition, the App / Website is not monitored and/or controlled in any way by medical professionals.
9.11 CanYouHearMe and our Published Authors hold no responsibility for the condition or content of any third party websites that have links on the Site or in the Apps. Links to third party sites are provided for convenience only and do not imply any endorsement of those sites or products or services provided at those sites.
9.12 The Content on the Site and in the Apps is provided “as is” and you agree that you maintain responsibility for your own unique healthcare issues and failure to seek advice of a medical professional is at your own risk. CanYouHearMe and our Published Authors makes no guarantees as to the accuracy, completeness or timeliness of the information contained on the Site or in the Apps. All information contained in the Site and the Apps is subject to change without notice.
10. External Links
10.1. This Site may contain links which are hosted by third parties not associated with CanYouHearMe. The content displayed on those Sites is not the responsibility of CanYouHearMe and we do not endorse or approve of these external websites or any services that are provided by those websites.
10.2. You agree that your choice to visit third party websites is undertaken at your own risk. Before relying on any of the content on any such Site you should make appropriate enquires.
11. Indemnity
11.1. You agree to indemnify us on a full indemnity basis, from any and all third party claims, liabilities, expenses, including solicitor/client costs, that may be incurred or suffered as a result of any breach of these Conditions by you or any third party damage caused as a result or in connection with any breach by you of these Conditions.
11.2. You agree to indemnify us from any claim, liability or expense arising from an injury or health problem that may arise from the use of our Products.
12. Conditions of Use
12.1. You must not:
12.1.1. Copy, distribute, adapt, post, transmit, share, edit, modify, create derivative works from the Site or transfer any part of the Site or any content contained on the Site;
12.1.2. Do anything that may place an unreasonably or disproportionality large load on the Site. You must not do anything that disrupts the functions or connected networks of the Site;
12.1.3. Make any modifications to the Site without proper authorisation in writing from CanYouHearMe;
12.1.4. Test, scan or circumvent the security of the Site;
12.1.5. Use the Site or any content in any way which breaches the rights of CanYouHearMe or any third party;
12.1.6. Use the account of another Customer or impersonate another Customer when using this Site;
12.1.7. Knowingly transmit any virus, worm, defect, Trojan horse or any other malicious code to the Site for any reason; and
12.1.8. Use any method to autonomously create accounts by any means under fraudulent pretences.
12.2. We reserve the right to terminate your Account, remove or edit content, cancel orders at our sole discretion at any time without notice. We will not be held liable for any loss or damage arising from exercising this right.
12.3. If you have any query regarding your account or subscription please contact us at canyouhearme.com.au.
13. Governing Law
13.1. These Conditions will be construed and will take effect according to the laws of the Australia and the respective rights, liabilities and obligations of the parties will be governed by the law of Australia.
13.2. The Customer and CanYouHearMe agree to submit to the exclusive jurisdiction of the courts of Australia.
14. Changes to these Conditions
14.1. We reserve the right to modify these Conditions at any time. Please review these Conditions frequently and before using our Products. Changes and clarifications will take effect immediately upon their posting on the Site. If we make material changes to these Conditions, we will notify you here that it has been updated.
14.2. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell Products to you.
15. Severability
15.1. If any court or other competent authority declares any part of these Conditions unenforceable or if these Conditions would, if any part were not omitted, be unenforceable then:
15.1.1. That part will, without in any way affecting the enforceability of the remainder of these Conditions, be severable and these Conditions is construed as if that part were not contained in these Conditions; and
15.1.2. The parties must attempt to renegotiate that part in good faith.
16. Miscellaneous
16.1. These Terms and our privacy policy constitute the entire agreement between you and CanYouHearMe relating to your access to and use of the Site and use of the Products.
16.2. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of CanYouHearMe.
16.3. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and CanYouHearMe’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
16.4. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.