OUR POLICIES

Terms and Conditions

Welcome to Harry's: Challenges, a mobile application ("App") operated by Hardcore Harry's AU Pty Ltd ("we", "us", or "our"). By registering for an account and participating in fitness challenges available on our App, you agree to be bound by these Terms and Conditions (the "Terms"). Please read them carefully

1. Definitions

  • App: Refers to the Harry's: Challenges mobile application.
  • Terms: Refers to these Terms and Conditions.
  • User/You: Refers to anyone who registers for an account and uses the App.

2. Acceptance of Terms

By using Harry's: Challenges, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our App.

3. Eligibility

You must be at least 18 years old to use Harry's: Challenges. By agreeing to these Terms, you represent and warrant that you are of legal age to form a binding contract.

4. Account Registration

To access certain features of the App, you must register for an account. When registering, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. We assume no liability for any loss or damage arising from your failure to comply with the above requirements.

5. Subscriptions and Payments

  • Fees: You agree to pay the subscription fees for the services that you purchase on our App, and you authorise us to charge your chosen payment provider for any such amounts.
  • Renewal: Subscriptions are billed in advance on a recurring and periodic basis (monthly or annually), known as a "Billing Cycle." Your subscription will automatically renew at the end of each Billing Cycle unless you cancel auto-renewal through your account settings.
  • Refund Policy: Refunds for subscription cancellations will be handled according to our Refund Policy, which can be found at the bottom of this document.

6. Fitness Challenges

  • Participation: You are responsible for ensuring that you are physically and medically fit to participate in any challenges posted on our App. We are not liable for any health problems that may result from your participation in these challenges.
  • Rules: Each challenge will have specific rules and requirements, which will be available on the App. It is your responsibility to comply with these rules. If you do not comply with these rules, it may result in disqualification from the challenge/s.
  • Verification: The organisers reserve the right to verify the authenticity of the submissions. All decisions made by the organisers regarding the validity of submissions and the winner will be final.
  • Public Sharing: By submitting a video, participants agree to have their video shared publicly for the purpose of the challenge.

7. Prizes and Taxation

  • Prizes: Eligibility for prizes is contingent upon fulfilling all requirements set forth in the specific challenge rules. We reserve our right to disallow/disqualify any participant from a challenge if they do not meet the criteria set out in the challenge rules.
  • Taxes: You are solely responsible for any taxes incurred as a result of receiving a prize.

8. Intellectual Property Rights

We own all rights in the App and its entire contents, features, and functionality. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except as permitted under these Terms.

9. User Content

You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that you post on or through the App.

10. Privacy and Data Protection

  • Data Collection: We collect personal data necessary to provide our services. This includes but is not limited to name, age, and contact information. We commit to protecting your personal data in accordance with applicable privacy laws.
  • Data Usage: We use your data to manage your account, provide services, and improve and personalise your experience on the App. We will not share your data with third parties without your consent, except as necessary to provide our services or as required by law.

11. Consumer Rights

As a consumer, you have certain rights under the Australian Consumer Law, including statutory guarantees that our services will be provided with due care and skill, be fit for purpose, and be supplied within a reasonable time. You are entitled to a range of remedies if our services fail to meet these guarantees.

12. Dispute Resolution

  • Informal Dispute Resolution: We aim to resolve disputes informally. Please contact us if you have any concerns or disputes.
  • Formal Dispute Resolution: If we cannot resolve a dispute informally, we will agree to resolve it through binding arbitration or small claims court, depending on the nature of the dispute.

13. Changes and Updates to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. We will notify you of changes through the App or via email. Continued use of the App after any changes signifies acceptance of those changes.

14. Termination and Cancellation

  • User Initiated: You may cancel your subscription and terminate your account at any time via the account settings or by contacting us directly.
  • Company Initiated: We reserve the right to suspend or terminate your account if you breach these Terms or engage in illegal or fraudulent activities. Consequences of termination include the handling of user data according to our Privacy Policy and any ongoing obligations of the user.

15. Accessibility

We strive to make Harry's: Challenges accessible and user-friendly for all users, including those with disabilities. Our accessibility efforts are ongoing, and we continually improve the user experience in line with applicable standards.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia. Any disputes concerning these Terms will be subject to the exclusive jurisdiction of the courts of Australia.

17. User Responsibilities

You agree not to use the App in any way that:

  • Is unlawful, illegal, or unauthorised.
  • Is defamatory, harmful, abusive, or invasive of another’s privacy.
  • Infringes any intellectual property rights or other rights of any third party.
  • Transmits or procures the sending of any unsolicited or unauthorised advertising or promotional material.

18. Limitation of Liability

To the maximum extent permitted by law, Hardcore Harry's AU Pty Ltd will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the App; (b) any unauthorised access to or use of our servers and/or any personal information stored therein.

19. Indemnification

You agree to indemnify and hold harmless Hardcore Harry's AU Pty Ltd and its affiliates, officers, agents, employees, and partners from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the App, or your violation of these Terms.

20. Force Majeure

Hardcore Harry's AU Pty Ltd shall not be held liable for any failure or delay in performance due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, or failure of the Internet.

21. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remainder of these Terms will continue to be valid and enforceable.

Refund Policy

1. General Policy

All purchases made through the Harry's: Challenges mobile application ("App") are final and non-refundable, except as required by applicable law or as explicitly stated in this policy.

2. Subscriptions

Subscriptions to Harry's: Challenges are billed in advance on a recurring and periodic basis (monthly or annually), known as a "Billing Cycle." Your subscription will automatically renew at the end of each Billing Cycle unless you cancel auto-renewal through your account settings or by contacting us directly.

3. Cancellations and Refunds

  • Apple App Store: If you purchased a subscription through the Apple App Store, you must request a refund directly from Apple. Apple’s refund policy applies to all purchases made through their platform. For more information on how to request a refund from Apple, please visit Apple’s support page.
  • Google Play Store: If you purchased a subscription through the Google Play Store, you must request a refund directly from Google. Google’s refund policy applies to all purchases made through their platform. For more information on how to request a refund from Google, please visit Google Play’s support page.

4. Eligibility for Refunds

  • Technical Issues: If you experience a technical issue with our App that prevents you from using the subscription services, you may be eligible for a refund. Please contact our customer support team within 30 days of the issue occurring.
  • Unauthorised Purchases: If you believe a purchase was made fraudulently or without your authorisation, please contact our customer support team immediately. Unauthorised purchases may be eligible for a refund upon investigation.

5. How to Request a Refund

To request a refund for purchases made directly through our website or in cases of technical issues and unauthorised purchases, please contact our customer support team at info@hardcoreharrys.com.au. Please include the following information in your request:

  • Your full name
  • Email address associated with your account
  • Description of the issue
  • Date of purchase
  • Order number or receipt (if applicable)

Our team will review your request and respond within 5-7 business days.

6. Discretionary Refunds

In certain exceptional cases, we may grant refunds at our sole discretion. These cases will be evaluated individually by our customer support team.

7. Legal Rights

This Refund Policy does not affect any statutory rights you may have under Australian Consumer Law or other applicable legislation.

All rights reserved Hardcore Harry's AU Pty Ltd.

Privacy Policy

Hardcore Harry’s AU Pty Ltd ("we", "us", "our") is committed to protecting your privacy. This Privacy Policy outlines how we collect, use, store, and protect your personal information through our mobile application ("App"), websites, and services.

1. About This Privacy Policy

This Policy applies to the personal data we collect through our App, websites, and services. By using our services, you consent to the collection and use of your personal information as described in this Policy, in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

2. Definitions

  • Personal Information: Any information about an individual who is identified or identifiable.
  • Data Processing: Any operation or set of operations performed on personal data.
  • Consent: Any freely given, specific, informed, and unambiguous indication of the data subject's wishes.

3. Information We Collect

We collect personal data from:

  • Usage Data: Log information, page views, and interactions with our services.
  • Contact Information: Name, email, address, and phone number.
  • Personal Details: Age, height, weight, and fitness activity data.
  • Device Information: IP address, device type, browser type, and operating system.

4. How We Use Your Information

We collect personal data to:

  • Provide and manage your account and our services.
  • Facilitate participation in fitness challenges.
  • Improve our services and user experience.
  • Communicate with you, including updates and notifications.
  • Conduct marketing and promotional activities (with your consent).

5. Legal Basis for Processing

We process your personal data based on the following legal grounds:

  • Consent: When you have given us clear consent for processing your personal data.
  • Contract: To fulfill a contract we have with you.
  • Legal Obligation: When we are legally required to do so.
  • Legitimate Interests: When it is in our legitimate business interests.

6. Data Storage and Security

We use appropriate security measures to protect your personal information from unauthorised access, alteration, or disclosure. Your data is stored securely and only accessible by authorised personnel.

7. Sharing Your Information

We do not sell or rent your personal information. We may share your data with:

  • Service Providers: For operational purposes under confidentiality agreements.
  • Legal Requirements: To comply with legal obligations or protect our rights.

8. International Data Transfers

We may transfer your personal information to countries outside of Australia. Where we do so, we ensure that the information is protected in a manner that is consistent with how your personal information will be protected by us in Australia. This includes ensuring that transfers are lawful and that there are appropriate contractual, technical, and organisational measures in place.

9. Data Retention

We retain your personal data only for as long as necessary to fulfill the purposes for which it was collected and to comply with legal and regulatory requirements. After such time, we will securely delete or anonymise your personal data.

10. Your Rights

You have the right to:

  • Access, update, and delete your personal information.
  • Opt-out of marketing communications.
  • Withdraw consent for data processing.
  • Data portability.
  • Restrict processing.
  • Object to processing based on legitimate interests or direct marketing.

To etxercise these rights, contact us at info@hardcoreharrys.com.au.

11. Third-Party Services

Our App may link to third-party services not operated by us. We are not responsible for their privacy practices. Review their privacy policies before using their services.

12. Automated Decision-Making

We do not use automated decision-making processes that produce legal effects or significantly affect you. If this changes, we will update this policy and inform you of your rights regarding such processes.

13. Breach Notification

In the unlikely event of a data breach that may compromise your personal information, we will promptly inform you and the appropriate regulatory bodies, in accordance with our obligations under the Privacy Act 1988 (Cth) and other relevant legislation.

14. Changes to The Policy

We may update this Privacy Policy periodically. We will notify you of any changes by posting the new Policy on our App. Continued use of our services signifies acceptance of the updated Policy.

15. Children's Privacy

We do not knowingly collect personal data from individuals under 18. If we learn that we have collected such data, we will delete it promptly. If you believe we have collected data from a minor, please contact us.

16. Phishing or False Emails

If you receive an unsolicited email that appears to be from us requesting personal information (such as your credit card, login, or password), do not provide the information or click on the link. Such emails are likely to be sent by someone trying to unlawfully obtain your information. Please report any suspicious emails to us at: info@hardcoreharrys.com.au.

17. Our Rights

We reserve the right to:

  • Modify or discontinue our services at any time.
  • Terminate or suspend accounts that violate our terms or engage in illegal activities.
  • Disclose your information to comply with legal obligations or protect our rights and safety.

18. Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us at:

Email: info@hardcoreharrys.com.au.

All rights reserved Hardcore Harry's AU Pty Ltd.

End User License Agreement (EULA)

By using our app, you agree to Apple’s End User License Agreement (EULA). Please review the full terms and conditions to ensure you understand your rights and responsibilities.

Click to read Apple’s EULA here.