Terms of Service

TriThisAtHome Terms of Service

  1. Welcome
    1. Restless Development operates a platform, which we make available through the TriThisAtHome mobile application (the "App") and our website at https://www.trithisathome.co.uk/, that allows users to sign up for different physical challenges that can be completed in the user's own time, to earn virtual rewards and to make donations to help raise money to support our charitable causes (the "TriThisAtHome Service").
    2. The TriThisAtHome Service is operated by Restless Development ("Restless Development", "we", "our", or "us").
  2. Your relationship with us
    1. This document and any documents referred to within it (collectively, the "Terms of Service") set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the TriThisAtHome Service.
    2. By accessing and using the TriThisAtHome Service, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not access or use the TriThisAtHome Service.
  3. Important warnings
    1. When you undertake the physical challenges made available through the TriThisAtHome Service, you do so entirely at your own risk. You must take full responsibility for your own health and safety when completing the physical challenges and should conduct your challenges in a safe manner at all times, including warming up, cooling down and wearing the appropriate clothing and footwear.
    2. Parents or legal guardians of children who wish to participate in the physical challenges made available through the TriThisAtHome Service are responsible for the health and safety of their children at all times.
    3. We shall not be responsible to any participants for any injury, damage or loss that you or a participant might suffer, or any damage to property that might occur as a result of participation in the physical challenges made available through TriThisAtHome Service.
  4. Information about us
    1. Restless Development is a charity registered in England under charity number 1127488 with its registered address at Restless Development, Fourth Floor, 35-41 Lower Marsh, London, SE1 7RL.
  5. Information about you​​​​​​​
    1. ​​​​​​​Your, and especially your children's privacy is important to us. You should read our Privacy Policy (https://www.trithisathome.co.uk/contents/1013-app-privacy-policy) to understand how we collect, use and share information about you and, when you allow them to use the TriThisAtHome Service, your children.
  6. Data Protection and how we store your information
    1. By providing data through the registration of TriThisAtHome and download of the TriThisAtHome App, you are consenting to its processing by Restless Development, in accordance with our privacy policy, and the GDPR. Your data will be stored securly on European based servers, and will only be processed in connection to the 'TriThisAtHome' event - including public use of you and your child's name, photograph and challenge totals, as well as use within the App. Find more information in Restless Development's privacy policy. 
  7. Using the TriThisAtHome Service
    1. Restless Development provides a service that allows users to sign up to and complete  different physical challenges and upload the miles they have completed to earn virtual rewards, contribute to the overall cumulative distance travelled by all users and make donations to support our charitable causes through our JustGiving page.
    2. To access the TriThisAtHome Service, you must register with us and set up an account by entering your full name, email address and creating a password (your "Account"). We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.
    3. You must be 16 years or older to register to use the TriThisAtHome Service.
    4. You are responsible for maintaining the confidentiality of your login details and on any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at trithisathome@restlessdevelopment.org straight away to let us know.
  8. Setting up an Account for a child
    1. If you want to enable your child to use the TriThisAtHome Service, you must first set up an Account with us. The child will then be able access the TriThisAtHome Service through your Account. Please refer to our Privacy Policy (https://www.trithisathome.co.uk/contents/1013-app-privacy-policy) to see what information we collect from you about your child and how we use it. 
    2. You and your child can customise and personalise your Account on the TriThisAtHome Service by changing the name and profile picture on the Account and you can view how your child is using the TriThisAtHome Service, including the challenges they sign up for and any virtual rewards they have earned.
  9. Your right to use the TriThisAtHome Service
    1. The materials and content comprising the TriThisAtHome Service belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using the TriThisAtHome Service in accordance with these Terms of Service.
    2. Your right to use the TriThisAtHome Service is personal to you and you are not allowed to give this right to any other person except where you have set up an Account for your children. Your children include anyone for whom you have parental responsibility, whether as a parent, guardian or otherwise. Your right to use the TriThisAtHome Service does not stop us from giving other people the right to use the TriThisAtHome Service.
    3. As part of the TriThisAtHome Service, we allow you to download our App and to use it on your mobile device in order to access and use the TriThisAtHome Service in accordance with these Terms of Service. This right is given to you solely for this purpose. It is also personal to you and you are not allowed to give this right to any other person.
    4. Unless allowed by these Terms of Service or as permitted by the functionality of the TriThisAtHome Service, you agree:
      1. not to copy, or attempt to copy our App or any portion of the TriThisAtHome Service;
      2. not to give or sell or otherwise make available our App or any portion of the TriThisAtHome Service to anybody else;
      3. not to change, or attempt to change our App or any portion of the TriThisAtHome Service in any way; and
      4. not to look for or access the code of our App or any portion of the TriThisAtHome Service that we have not expressly published publicly for general use.
    5. You agree that all confidential information, copyright and other intellectual property rights in our App or any portion of the TriThisAtHome Service belong to us or the people who have licenced those rights to us.
    6. You agree that you have no rights in or to our App or any portion of the TriThisAtHome Service other than the right to use and access them in accordance with these Terms of Service.
  10. Apple App Store Provisions
    1. This paragraph 9 applies where the App has been acquired from the Apple App Store. You acknowledge and agree that the Terms of Service are solely between you and Restless Development, not Apple, Inc. ("Apple") and that Apple has no responsibility for the App or content of the App. Your use of the App must comply with the App Store Terms of Service.
    2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the Terms of Service and any law applicable to Restless Development as provider of the App.
    3. You acknowledge that Apple is not responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the Terms of Service and any law applicable to Restless Development as provider of the software.
    4. You acknowledge that, in the event of any third party claim that the App, or your possession and use of the App, infringes that third party’s intellectual property rights, Restless Development, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms of Service.
    5. You must not download the App if (i) you are located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are listed on any U.S. Government list of prohibited or restricted parties.
    6. You and Restless Development acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms of Service as relates to your licence of the App, and that, upon your acceptance of the terms and conditions of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service as relates to your right to download and use the App against you as a third-party beneficiary of those Terms of Service.
  11. Other App Marketplaces and Platforms
    1. This paragraph 10 applies where the App has been acquired from any app store or distribution platform other than the Apple App Store, including the Google Play Store and the Windows Store (the "Distribution Platform "):
      1. you acknowledge that the Terms of Service are between you and Restless Development, and not with the provider of the Distribution Platform ("Store Provider");
      2. your use of the App must comply with the Store Provider’s then-current Distribution Platform Terms of Service;
      3. the Store Provider is only a provider of the Distribution Platform where you obtained the App;
      4. Restless Development, and not the Store Provider, is solely responsible for its App;
      5. the Store Provider has no obligation or liability to you with respect to the App or the Terms of Service; and
      6. you acknowledge and agree that the Store Provider is a third-party beneficiary to the Terms of Service as it relates to Restless Development's App.
  12. Rules of Acceptable Use
    1. In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the TriThisAtHome Service (the "Rules of Acceptable Use").
    2. When using the TriThisAtHome Service you must not:
      1. circumvent, disable or otherwise interfere with any security related features of the TriThisAtHome Service;
      2. permit another person to use the TriThisAtHome Service on your behalf unless such person is authorised by you;
      3. give any false or misleading information, impersonate any person or misrepresent your identity or relationship with any child to whom you grant access to the TriThisAtHome Service;
      4. use the TriThisAtHome Service if we have suspended or banned you from using it;
      5. advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property;
      6. modify, interfere, intercept, disrupt or hack the TriThisAtHome Service;
      7. misuse the TriThisAtHome Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the TriThisAtHome Service or any user of the TriThisAtHome Service's own equipment;
      8. collect any data from the TriThisAtHome Service other than in accordance with these Terms of Service;
      9. threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; or
      10. use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the TriThisAtHome Service in a manner that send more request messages to the TriThisAtHome Service than a human can reasonably produce in the same period of time.
    3. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):
      1. immediate, temporary or permanent withdrawal of your right to use the TriThisAtHome Service;
      2. issuing of a warning to you;
      3. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or
      4. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    4. The responses described in paragraph 11.3 are not limited, and we may take any other action we reasonably deem appropriate.
  13. Ending our relationship
    1. If at any time you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the TriThisAtHome Service, you must immediately stop using the TriThisAtHome Service.
    2. Deleting the App might not close your Account. You must notify us at trithisathome@restlessdevelopment.org if you wish to close your Account and we will end your use of the TriThisAtHome Service.
    3. We may immediately end your use of the TriThisAtHome Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the TriThisAtHome Service including these Terms of Service.
    4. We may also withdraw the TriThisAtHome Service as long as we give you reasonable notice that we plan to do this.
    5. If you or we end your use of the TriThisAtHome Service or we withdraw the TriThisAtHome Service as described in this paragraph, we may delete any information that you have uploaded to the TriThisAtHome Service or any other information we hold about you. You will also lose any rights you have to use the TriThisAtHome Service or to access any of our content. We will not offer you compensation for any losses you might suffer if you lose your rights to access and use the TriThisAtHome Service or any such information or content.
    6. Nothing in this paragraph 12 affects any legal rights you may have under the law of the country in which you are resident.
  14. Our liability/responsibility to you
    1. When you or your child participates in the physical challenges made available through the TriThisAtHome Service, you accept that you are responsible for the health and safety of both yourself and your child at all times. We shall not be responsible to any participants for any injury, damage or loss to the participant or their property that might occur as a result of their participation in the physical challenges.
    2. While we do our best to ensure that the features and functionalities of the TriThisAtHome Service are of a reasonably satisfactory standard, certain features may rely on networks and connections that are beyond our control. Some of the information provided to you on the TriThisAtHome Service may also contain content owned or developed by third parties. As we do not own or produce such third party content, we cannot be responsible for it in any way.
    3. Unfortunately, due to the nature of the Internet and technology, the TriThisAtHome Service is provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the TriThisAtHome Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the TriThisAtHome Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
    4. In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable, or that is caused by a failure by you to comply with these Terms of Service. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you created your Account, both we and you knew it might happen.
    5. The above does not affect your rights under the applicable law of the country in which you are resident, including our responsibility to you for any personal injury or death caused by our negligence.
  15. Resolving disputes
    1. If you have a dispute with us relating to the TriThisAtHome Service, in the first instance please contact us at trithisathome@restlessdevelopment.org and attempt to resolve the dispute with us informally.
    2. In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.
  16. Changes to the TriThisAtHome Service
    1. We are constantly updating and improving the TriThisAtHome Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and the TriThisAtHome Service.
    2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the TriThisAtHome Service, or feature relating to the TriThisAtHome Service ("changes to the TriThisAtHome Service"). These changes to the TriThisAtHome Service may affect your past activities on the TriThisAtHome Service, certain features that you use and any other information you submit to the TriThisAtHome Service ("Service Elements"). Any changes to the TriThisAtHome Service could involve your Service Elements being deleted or reset.
    3. You agree that a key characteristic of the TriThisAtHome Service is that changes to the TriThisAtHome Service will take place over time and this is an important basis on which we grant you access to the TriThisAtHome Service. Once we have made changes to the TriThisAtHome Service, your continued use of the TriThisAtHome Service will show that you have accepted any changes to the TriThisAtHome Service. You are always free to stop using the TriThisAtHome Service.
  17. Changes to the documents
    1. We may revise these Terms of Service from time to time but the most current version will always be at [https://www.trithisathome.co.uk/contents/1012-terms-and-conditions] or in the relevant section of our App.
    2. Changes will usually occur because of new features being added to the TriThisAtHome Service, changes in the law or where we need to clarify our position on something.
    3. Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
  18. Documents that apply to our relationship with you
    1. The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you.
    2. We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the TriThisAtHome Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
    3. If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
  19. Law and venue for disputes
    1. English law will apply to all disputes and the interpretation of these Terms of Service.  The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the TriThisAtHome Service. This does not, however, affect your rights under the law of the country in which you are resident, including (where applicable) your right to have a dispute in relation to your use of the TriThisAtHome Service heard in the courts of that country.
  20. Contact, feedback and complaints
    1. If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at trithisathome@restlessdevelopment.org.
    2. We value hearing from our users, and are always interested in learning about ways we can improve the TriThisAtHome Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.

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