Visitors to our website are required to accept the following terms and conditions in return for the information given about us, our business and the services we provide.
Conditions Of Use1. We use our reasonable efforts to include accurate and up-to-date information on our web pages. Information is for guidance only and is not intended to form any part of a contract and can be subject to change without notice. We shall not be liable for any direct, indirect, incidental, consequential or cumulative losses or damages arising out of the use or inability to use these pages, any errors, misrepresentations or omissions on the material contained on them.
2. The information on these web pages has been prepared with reasonable care and is believed by us to be legal, honest, decent and truthful as of the date of its preparation.
3. You agree that the material downloaded or otherwise accessed through the use of our web pages is obtained entirely at your own risk and that you will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data even if we have been advised of the possibility of any such damage.
4. We do not accept any liability in connection with any third party websites which may be linked or accessible through our own website and we do not endorse or approve the contents of any such site.
5. In relation to a dispute arising out of this website you the user and we, Fitness First agree to submit exclusively to the jurisdiction of the courts of Singapore.
6. Except where expressly stated to the contrary the text and graphics in the information contained in this website is the copyright of Fitness First. You may download or print out individual selections of these web pages only if explicitly used for your own personal information and not to be publicly reproduced. Permanent copying or storage of whole or part of this website or the information contained in it or reproduction or incorporation of any part of it in any other work or publication whether on paper or electronic media or any other form is expressly prohibited.
7. The entire contents of these web pages remain our property and copyright with all rights reserved.
Fitness First Singapore Pte Ltd and Celebrity Fitness Singapore Ptd Ltd are taking full responsibility for all the transactions from the website, and handling the dispute management, refunds, cancellations, returns & customer support.
7 day money back guaranteeChange your mind? The “7 day money back guarantee” allows you to cancel your membership within 7 days from the date of purchase (no exceptions). The monthly dues and start up fee will be fully refunded. 100% of the Fitness service fees are refundable if the training sessions have not commenced and any supplement products included have not been opened, used or damaged. 50% of the Fitness service fee will be refunded if the supplement products have not been opened, used or damaged and not all training sessions have been conducted. Fitness service fees are non-refundable as long as any part of the supplement products included have been opened, used or damaged. Any remaining/unused Personal Training package sessions will be fully refunded (if applicable). All forms must be completed at Front of House. Refunds will be processed within a maximum of 6 weeks of application.
App User Terms and Conditions
FFSG owns and operates the health and fitness brand known as “Fitness First”, with clubs located at different locations.
BY USING THE APP, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE APP.
“FF Club” means a health and fitness club operated by FFSG.
“FFSG” means Fitness First Singapore Pte Ltd with an address at Spaces at One Raffles Place Mall, 1 Raffles Place, #02-01 Singapore 048616
“Member” means a member of any of the FF Clubs.
“User” means a person who uses the App, including individuals who have registered or not registered an account on the App of legal age to gain access to an FF Club.
2.1 The App allows you to search, schedule and reserve classes and personal training sessions held at FF Clubs; keep track of your challenges and achievements (only applicable to Members); and monitor your health and fitness activities.
2.2 To fully use the services provided on the App, you will need to register an account on the App. If you do not register an account, you will not be able to enjoy all or some of the services provided in the App.
2.3 By registering an account, you agree to provide true, accurate and complete information as required during registration and to comply with all applicable FF Club rules and regulations.
3. GRANT OF LICENCE AND INTELLECTUAL PROPERTY
3.1. Subject to your compliance with the Terms, FFSG grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable licence to access and use the App for your personal use only. The grant of this license does not constitute a transfer or sale of the App or any copy thereof, and we retain all right, title, and interest in and to the App, including any intellectual property rights therein.
3.2. You acknowledge and agree that the App and all copyright, trademarks, and other intellectual property rights associated therewith are, and shall remain, the property of FFSG. You are not granted any intellectual property rights in and to the App not expressly granted in the Terms and such rights are hereby reserved and retained by FFSG.
4. USAGE RESTRICTIONS
4.1. In using the App, you agree not to:
(a) impersonate another person or accessing another person’s account with or without their permission;
(b) share your password and account log in details with any third party;
(c) permit another person to use your Completed Booking;
(d) cancel a Completed Booking directly with FFSG at any of the FF clubs rather than through the App;
(e) upload any form of material deemed harmful to the reputation of FFSG, including material which may be (i) damaging to computer systems or data of other Users (ii) pornographic, illegal, insulting, libellous or otherwise inappropriate; (iii) copyrighted or protected;
(f) collect or use email addresses, mail headers, screen names or other identifiers without the explicit consent of the person identified (including, without limitation, phishing, internet scamming, password robbery, spidering, and harvesting) or using a service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
(g) modify, adapt, prepare derivative works from, or decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the App;
(h) use the App for any purpose that is unlawful or prohibited by these Terms; or (i) do or permit any act which is directly or indirectly likely to prejudice our Intellectual Property Rights or those of any third party in relation to your access and use of the App.
5. COVID-19 DISCLAIMER
5.1 In accessing the premises, the User hereby declares and confirm that the User has not, in the past 14 days come in close contact with any person who is a confirmed Novel Coronavirus (COVID-19) patient, been served a Quarantine Order or Stay-Home Notice, and does not have any of the following symptoms:
(a) Fever (37.5° and above)
(c) Difficulty in breathing
(d) Sore throat
(g) Any flu-like symptoms
(h) Loss of taste and smell
5.2 The User accepts that Club management reserve rights to deny access to the User if Club management suspect the User is unwell and/or where the User displays symptoms above or is the subject matter of complaint by other members where such complaints comprise of the User displaying such symptoms above in vicinity of others.
5.3 During The User’s visit to the Club, The User will need to comply with:
· Temperature Screening
· Health and Travel Declarations
· Collection of personal information via SafeEntry to facilitate contact tracing
· Wearing a mask when you are not exercising
· Practicing 1m social distancing
· Understand that there is limitation of the number of people entering the club to minimise overcrowding
· Kindly leave the club once you have completed your workout and do not loiter or mingle in the premises for the consideration of others.
· Any other health and safety measures we may put in place from time to time based on the circumstances.
6. SOCIAL MEDIA
6.1. If you elect to connect your social media account (such as Facebook) to your account, then certain information from your social media account may be shared with us, including information that is part of your profile or your friends’ profiles.
6.2. We may also receive information about you from other sources, such as public databases, strategic and joint marketing partners, social media pages and platforms, people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties.
7. BOOKINGS AND PAYMENT
7.1. You must log in to the App in order to book and/or purchase classes and this may include classes offered by third party providers whether fully or jointly with us. Upon arrival at an FF Club, you must check in using your registration details.
7.2. You acknowledge and agree that the type, pricing and scheduling of classes are set by us and/or our service providers and that we and/or our service providers may at our sole discretion change the type, pricing and scheduling of classes from time to time, without prior notice to you. 7.3. We and/or our service providers will facilitate payment of the booked class using the payment details you provided during the App registration process as follows:
(a) If you are a Member and you have booked a class which is held at an FF Club or other location exceeding your membership benefits, you may be required to pay an additional fee which is subject to our sole discretion.
(b) If you have booked a class which is held at an FF Club or other location, you will be required to pay a fee which is subject to our sole discretion.
7.4. For booking of any paid classes via the App is not complete until payment has been approved by us. Once payment has been approved by us, we will send you a booking certificate screenshot to your device via the App to confirm that your class has been successfully booked (“Completed Booking”) and a tax invoice issued by FFSG that the class booked via the email address you have provided during the App registration process is complete. You must show the booking certificate screenshot on your device as evidence of your entitlement to participate in the booked class at the designated premise. You are not entitled to re-sell, assign or transfer a booked class that is the subject of a Completed Booking to any third party.
7.5. We reserve the right to request for production of your identification document to ensure that you are the person who made the Completed Booking. If there is a discrepancy in identity between you and the person who made the Completed Booking, we reserve the right in our sole and absolute discretion to refuse your participation in the booked class.
7.6. If you do not attend a paid class that is the subject of a Completed Booking and you fail to cancel it in accordance with these Terms, we reserve the right in our sole and absolute discretion to refuse giving you a refund of the price paid by you for the booked class that is the subject of a Completed Booking. If for whatever reason your membership with an FF Club has been terminated or cancelled and you have a Completed Booking beyond your membership date, we shall cancel the same. Where you have paid for the class or personal training session, a refund will be made.
7.7. If you cancel a paid class that is the subject of a Completed Booking by no lesser than one (1) hour prior to the scheduled commencement of the class (as stated in the booking certificate for the Completed Booking), we will provide you with a refund of the price paid for the booked class, after deduction of cancellation fee. If we cancel the booked class for any reason, you are entitled to a full refund of the monies paid for the Completed Booking. The refund will be paid to your credit card account that was used to make payment for the Completed Booking.
7.8. You further agree to be bound by the terms of service of the relevant service provider(s) in relation to the payments made via the App.
Digital Class Bookings
7.9. The service offered on digital class bookings may offer access to a variety of audio and/or video digital classes from your device, via live stream and/or on demand. To access these digital classes, you will need to comply with certain technical and hardware requirements. When participating in digital classes, your App profile information may appear on a leader board alongside those of other class participants.
7.10. All prices for services in the App are stated to be inclusive of all relevant taxes, including GST (if applicable). Payments from credit cards are subject to the relevant card issuers' transaction fees and any other fees and, in the case of international credit cards, exchange rates. If we offer any services which are free, all such taxes, fees and charges may still be applicable.
8. CORPORATE OFFERS
8.1. We may from time to time, in conjunction with our corporate partners, offer certain corporate offers to employees of our corporate partners. The corporate offers may include free group classes, loyalty points, or rebates. These offers are subject to our terms and conditions that will be notified to eligible Users via the email you provide us with during the App registration process.
8.2. We may impose restrictions on the redemption of two or multiple corporate offers by an eligible person and we or our corporate partners may withdraw, modify, cancel, or otherwise amend a corporate offer from time to time at our sole and absolute discretion.
8.3. A person who is eligible for a corporate offer will only be able to transact with us under a corporate program if such person registered his or her contact information (such as email address) in his or her capacity as an employee.
9.2. We and/or our third party service providers may collect information about your location when you use or access the App. The location data we collect varies in degree and is dependent upon data from your device through settings you activate on your device; or other location sources such as IP address. You may disable the collection and use of your location data through your browser-, operating system- or device-level settings.
10. THIRD PARTY LINKS
10.1 Where the App contains links to other websites and resources provided by third parties, these links are provided for your convenience only. FFSG shall not be responsible or liable for any products or services of such third party. FFSG also makes no representations or guarantees regarding the availability or content (including its truthfulness, accuracy, completeness, timeliness or reliability) of such third party websites or resources in respect of which links have been provided in the App.
11. FFSG CLUB RULES AND REGULATIONS
11.1 You agree to be subject to the FF Club rules and regulations when participating in a class held at FF Clubs. A copy is available at each FF Club.
11.2 If you are not a Member, making a Completed Booking only enables participation in the purchased activity. All other ancillary services provided by the FF Club where the activity is held such as the provision of towel or locker services may be withheld in total or provided in part, either at a fee or complimentary, at our/ the FF Club’s sole discretion.
11.3 In particular, you agree to the representations and warranties in the FF Club rules and regulations relating to your physical condition and the disclaimers and indemnities in the FF Club rules and regulations in relation to the use of the relevant FF Club and/or the purchased activity.
12. TERMINATION AND SUSPENSION RIGHTS
12.1 We reserve the right to suspend, cancel or terminate your access and use of the App or discontinue or change the service therein, in whole or in part, or change, remove or substitute features or functionality of the App for any reason at our sole discretion from time to time.
12.2 We may suspend, or terminate your access and use of the App, without liability for any reason including but not limited to:
(a) we are of the opinion you are, have been, or are likely to use the App in violation of these Terms;
(b) we consider it is necessary to do so to perform maintenance, whether scheduled or unscheduled, routine or emergency;
(c) you fail to co-operate with our investigations around a suspected violation of these Terms;
(d) we consider that your App account has been accessed or used by an unauthorised person;
(e) it is required by law;
(f) your use of the App has been the subject matter of complaint of other users; or
(g) your access to any FF Club has been revoked.
12.3 Upon a termination by FFSG of your use of the App, you will be given a pro rata refund of any payment for booked classes that remain unused (less any administrative costs or fees incurred by us for processing and administering Completed Bookings).
12.4 If we have deleted your account because you have been denied access to any FF Club , then you are not allowed to re-register yourself on the App under any other user name or profile.
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
13.1 YOU AGREE THAT THE USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLESTEXTENT PERMITTED BY LAW, FFSG DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN RELATION TO THE APP AND HEREBY DISCLAIMS ALL EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY, WHETHER ARISING FROM USAGE OR OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES:
(a) AS TO THE ACCURACY, COMPLETENESS, CORRECTNESS, CURRENCY, TIMELINESS, RELIABILITY, AVAILABILITY, INTEROPERABILITY, SECURITY, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE APP; AND/OR
(b) THAT THE APP OR ANY SERVICES ASSOCIATED THEREWITH WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT THE APP ARE AND WILL BE FREE OF ALL VIRUSES AND/OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, PROGRAMME OR MACRO.
13.2 TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THATFFSG OR ITS OFFICERS, EMPLOYEES AND CONTRACTORS SHALL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE HOWSOEVER AND WHATEVER THE CAUSE THEREOF, FOR ANY INDIRECT, CONSEQUENTIAL, COLLATERAL, SPECIAL OR INCIDENTAL LOSS OR DAMAGE SUFFERED OR INCURRED BY YOU IN CONNECTION WITH THE APP, INCLUDING BUT NOT LIMITED TO YOUR ACCESS AND USE OF THE SAME. FOR THE PURPOSES OF THIS CLAUSE, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCLUDES, WITHOUT LIMITATION, LOSS OF EXISTING OR ANTICIPATED REVENUE OR PROFITS, ANTICIPATED SAVINGS OR BUSINESS, LOSS OF DATA OR GOODWILL, BUSINESS INTERRUPTION, LOSS OF USE OR VALUE OF ANY EQUIPMENT INCLUDING SOFTWARE, CLAIMS OF THIRD PARTIES, AND ALL ASSOCIATED AND INCIDENTAL COSTS AND EXPENSES.
13.3 TO THE EXTENT THAT FFSG IS HELD LIABLE TO YOU, OUR AGGREGATE LIABILITY TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE LAST SUM YOU HAVE PAID TO FFSG.
13.4 You acknowledge that the App will not always be available due to upgrades, maintenance and the nature of the Internet.
You agree to indemnify, defend and hold us, our related corporations/affiliates, including their respective successors, assigns, employees, officers, harmless from and against all claims, demands, actions, losses, damages, costs and expenses (including legal fees), arising out of and/or in connection with your breach of these Terms.
15.1 These Terms are the entire agreement between you and us in relation to your access and use of the App and shall supersede all previous communications (whether written, oral or otherwise), discussions or letters relating to the same.
15.2 If any provision of these Terms, in whole or in part, is held to be illegal, invalid or unenforceable under any enactment or rule of law or by any court in any jurisdiction: such provision or part will, to that extent, be deemed not to form part of these Terms, but the legality, validity and enforceability of the remainder of these Terms is not affected; and the legality, validity and enforceability of that or any other provision or part under any other jurisdiction will not be affected.
15.3 Any failure to enforce these Terms will not be construed to be a waiver of our rights to enforce these Terms in the future. All waivers must be in writing.
15.4 The rights to access and use the App is personal to you, and you may not transfer or assign to a third party any of your rights and obligations as defined in these Terms. We may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.
15.5 A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of the terms of these Terms.
15.6 We will not be liable for any delay or failure to perform any obligation to you where the delay or failure results from any act or omission by you or any person acting on your behalf, including acts of God, labour disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
15.7 These Terms may be updated from time to time. The continued access to the App shall constitute your acknowledgement and acceptance of the updated Terms. You should frequently check this page to be apprised of any updates or changes to these Terms.
15.8 These Terms shall be governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, which have not been settled amicably within 30 days from the commencement of informal negotiation, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
Virtual Studio T’s & C’s
NOTE: You should not exercise beyond your own abilities and should be cleared by a medical professional before beginning an exercise program. If you know or are concerned that you have a medical condition which might interfere with you exercising safely, you should get advice from a relevant medical professional and follow that advice before using our APP. We take no responsibility for any injuries or losses caused by the misuse of the App.
What this agreement covers
1.1. This agreement sets out the legal terms that govern how you use the APP. The APP consists of:
(a) the application (the App), which may be downloaded from an app store provider or operator (the App); or accessed through a Web Browser; Please read this agreement carefully before accessing or using the App. Other terms which apply
2.1. The following also apply to your use of the App.
(b) For the App only, (1) the 'Additional App terms' set out in the Appendix to this agreement (and which form part of this agreement; and (2) any terms and conditions imposed by the App store from which you have downloaded the App (the App store rules).
(c) Any written agreement entered into by and between you and the Licensee that grants access to use of the App.
Changes to our terms
3.1. We may change the terms of this agreement at any time by posting our revised terms online. We will inform you about these changes when you next access the App. You may have to read and agree with the updated agreement before you can continue to use the App.
Using the App
4.1. In order to use the App, you must be at least 16 years old. If you are not at least 16 years old, you are not allowed to use the App save and unless you have parental consent in accordance with local laws in your jurisdiction. Through accessing the App you deem that you have secured parental consent.
4.2. Unless we say differently in this agreement or as allowed by any local law, you agree to the following:
(a) You will not copy any part of the App except to the extent that it is necessary for the purpose of normal use, back-up or operational security.
(b) You will not rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any part of the App.
(c) You will not make alterations to, or modifications of, all or any part of the App, or allow the App or any part of it to be combined with, or become included in, any other programs.
(d) You will not (or not try to) disassemble, decompile, reverse engineer or create any work based on all or any part of the App.
4.3. From time to time we may issue updates to the App. Depending on the update, you may not be able to use the App (or certain functions of the App) until you have downloaded the latest version of it accepted any new terms
We reserve the right to remove access to your account at any time if, in our reasonable opinion, you have breached the terms and conditions of use.
5.1. You must not:
(a) use the App in any illegal way, for any unlawful purpose, or in any way which does not keep to this agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, trojans or harmful data, into the App or any operating system, or by attempting to gain unauthorised access to the App, the server on which any of the App is stored or any server, computer or database connected to the App;
(b) affect our intellectual property rights or those of anyone else in relation to using the App (if that use is not licensed by this agreement);
(c) send any material that is defamatory, offensive or otherwise objectionable in relation to using the App;
(d) use the App in a way that could damage, overburden, impair or compromise our systems or security or interfere with other users; or
(e) collect any information from the App or our systems or try to decipher any transmissions to or from the servers running the App.
Intellectual property rights
6.1. You acknowledge that:
(a) we or our licensors will own all intellectual property rights in the App anywhere in the world;
(b) rights in the App are licensed (not transferred) to you; and
(c) you have no rights in, or to, the App other than the right to use it in line with the terms of this agreement.
6.2. You acknowledge that you have no right to have access to the App in source-code form (in other words, the actual computer language the programmer used to write the App).
7.2 If you stop using the App, we may keep some information that we collect from you using the App, if permitted under the applicable privacy laws.
Limiting our legal responsibility
8.1. While the App may suggest workout plans for you based on the information that you provide, you acknowledge that it is provided on an 'as is' basis and has not been developed to meet your individual needs. As a result, it is your responsibility to make sure that the facilities and functions of the App meet your needs. You acknowledge that it is your responsibility alone to take appropriate care when using the App to avoid injury (for example, by avoiding making an injury worse by exercising).
8.2. You acknowledge and agree that when you use the App on a tablet, mobile device laptop, computer or similar device, it is your responsibility to take appropriate care to prevent loss or damage to your device.
8.3. We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no legal responsibility to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.4. Our maximum aggregate liability under or in connection with these Terms and Conditions (including your use of the App) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to British Pound Sterling 20. This does not apply to the types of loss set out in condition 8.5.
8.5. Nothing in this agreement will limit or exclude our legal responsibility for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other legal responsibility that cannot be excluded or limited by English law.
8.6 We take no responsibility for any misuse of personal information by third parties you willingly or accidentally provided access to the App.
Ending the agreement
9.1. We may end this agreement immediately if you significantly or repeatedly break this agreement, including clauses 4.2 (Using the App) or 5 (Acceptable use).
9.2. If the agreement ends for any reason:
(a) all rights granted to you under this agreement will end;
(b) you must immediately stop all activities authorised by this agreement, including your use of the App; and
(c) you must immediately delete or remove the App from all of your devices, and immediately destroy all copies of the App you have. If we ask, you must also confirm in writing that you have done this.
Communicating with you
10.1. If you want to contact us in writing, or if any part of this agreement says you must give us notice in writing, you can send this to us by email to firstname.lastname@example.org
10.2. If we have to contact you or give you notice in writing, we will do so by email.
Events outside our control
11.1. We will not be responsible for any failure to perform, or delay in performing, any of our obligations under this agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.
11.2. If an event outside our control takes place and this affects our ability to perform our obligations under this agreement, we will suspend those obligations until the event has passed.
Other important terms
12.1. We may transfer our rights and obligations under this agreement to another organisation, but this will not affect your rights or our obligations under this agreement.
12.2. You may only transfer your rights or obligations under this agreement to another person if we agree in writing.
12.3. If we fail to insist that you carry out any of your obligations under this agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to keep to those obligations. If we do decide not to enforce our rights, we will only do so in writing, and that will not mean that we will automatically do so again.
12.4. Each of the conditions of this agreement operates separately. If any court or competent authority decides that any of them are not lawful or cannot be enforced, it will not affect the rest of the agreement.
12.5. Save to the extent required by the mandatory laws of your jurisdiction:
(a) this agreement is governed by English law; and
(b) you agree that the English courts shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with this agreement or its subject matter of formation.
Appendix Additional App terms
The following terms and conditions will apply to how you use the App as well as those set out in the agreement.
(1) Paid Subscriptions
The App may offer the ability for users to take out an ongoing subscription granting the user access to certain features on the App in exchange for either a monthly, quarterly or annual subscription fee (a Paid Subscription). The subscription fee for the Paid Subscription will be the price detailed. All subscription fees are payable in advance. By registering for or subscribing to a Paid Subscription you agree:
(a) you have read and agree to comply with the terms of this Agreement in relation to the Paid Subscription (which at all times constitute part of the App);
(b) you have read the details and description of the Paid Subscription and the features that the Paid Subscription grants you access to, and have determined for yourself that they are appropriate for your purposes. We make no promise, guarantee or commitment that the Paid Subscription or any features you have access to are appropriate for your intended purposes and we are not nor have been made aware of any such intended purposes;
(c) that registering for a Paid Subscription shall only grant you access to the features detailed on the App in relation to that Paid Subscription and shall not, of itself, grant you access to any Paid Content; and
(d) When you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information;
(e) If you change your Paid subscription new subscription fee rates may take effect at the beginning of the next billing date;
(f) To the maximum extent permitted by applicable laws, we may change our prices for the Paid Subscription, any associated taxes, or institute new subscriptions fees at any time upon reasonable advance written notice. If you do not wish to pay the new prices, you can cancel the Paid Subscription prior to the change going into effect;
(g) All purchases of Paid Subscriptions are final and non-refundable, except at our sole discretion.
Your subscription will auto renew until stopped. You can cancel your subscription at any time by providing 30 days written notice. Refunds will not be given for any unused portions of the Paid Subscription whether monthly, quarterly or annually. For example, if you are subscribing to a monthly Paid Subscription and cancel during a given month, you will be charged for the whole given month and maintain access to the Paid Subscription through the end of that month.
The cancellation of a Paid Subscription will go into effect at the end of your current billing cycle. When your Paid Subscription ends, your account will have access only to the free section of the app. You can renew your subscription at any time without opening a new account, subject to price increases.
We may offer a free trial of the App, during which time you may use some or all of the subscription features for a period of time. At the end of the free trial, should you wish to continue using all features of the App, you will need to start a Paid Subscription (see above).
If you have received a discount code to a Paid Subscription, the following terms and conditions apply in addition to the terms and conditions of the specific code:
To redeem a discount code, log in to the app and enter the applicable code in the purchasing process to take advantage of the promotion. Discount codes cannot be combined with any other cash-off price, sales, promotion or free trial. Discount codes cannot be exchanged, refunded, replaced or redeemed for cash or similar payment. A credit card may be required to redeem a discount code. It is your own responsibility to use a discount code before it expires, and expired codes cannot be refunded or extended. The terms and conditions of a specific discount code may include additional restrictions on its use.
(2) Agreement with the App store provider
For the purpose of this appendix, App store provider means the provider of the app store through which you have downloaded the App (for example, Apple is the App store provider if you have downloaded the App from the Apple App Store, Google is the App store provider if you have downloaded the App from Google Play, and so on).
1.You agree that this agreement is made between you and us, and not with the App store provider. You also agree that the App store provider is not responsible for the App and its content.
2.You agree that the App store provider has no responsibility to provide any maintenance or support in terms of the App. If you have any problems using the App, please contact us at email@example.com.
3.If the App does not keep to any product warranty provided for by this agreement, the App store provider may give you a refund of the price that you paid to buy the App (if any). The App store provider will, as far as is allowed by law, have no responsibility to you whatsoever for the App.
4.You agree that the App store provider will not be responsible for dealing with any claims that you might have relating to the App, including:
(a) product liability claims;
(b) any claim that the App fails to meet any relevant legal or regulatory requirement; and
(c) claims arising under consumer protection or similar laws.
5.If someone else claims that the App affects their intellectual property rights, we (and not the App store provider) will be responsible for dealing with the claim.
6.You must confirm that:
(a) you are not in a country that is covered by a US Government embargo, or that has been designated by the US Government as a terrorist supporting country; and
(b) you are not listed on any US Government list of ‘prohibited or restricted parties’.
7.If the App store provider is Apple, you agree Apple and its subsidiaries will have the right to enforce the agreement against you as a third-party beneficiary. (In other words, as Apple own the App store, they will also benefit in the same way from these terms and conditions as we do and can enforce them against you.)
Connected Fitness Labs Ltd (we, us) takes your privacy seriously and we will use your personal information in accordance with applicable data protection legislation.
This Policy sets out how we use any personal information that we collect in the course of you using the Web Player. The Web Player consists of our Web Player web application (the App).The App is operated by Connected Fitness Labs Ltd of 50 Liverpool Street, London, EC2M 7PY, United Kingdom, which is the controller of your data for data protection purposes.
2. Lawful grounds for processing
In order to provide you with the App and its features, we will process your personal data including data regarding your health as set out in this Policy. Without the collection and processing of your personal data including data regarding your health, we are unable to provide you with access to and use of the App. If you do not wish to have your personal data processed, please do not install or use the App.
Information collected and how it is used
When you use the App, we may ask for your email address, date of birth and other personal information. If you are accessing the Web Player in connection to a gym membership we may link this information to your member account so that you can also receive additional benefits of membership.
If you choose to use your Facebook account information to sign in to the App, you acknowledge that we may collect your authentication information, such as your username and email address in order to use for the purposes set out in this Policy.
We will also ask you questions about your health and your fitness goals. We will use this information (including health information) to:
(a) set up and administer your account and communicate with you (including sending you work out reminders or results via email or SMS and app push notifications);
(b) facilitate the creation and customisation of your personal workout plan and track your progress and results against your goals
(c) carry out research and analysis and monitor customer use of the App on an anonymous or personalised basis to identify trends and to better understand our customers’ behaviour;
(d) to develop and improve the App and other products and services we offer you.
(e) disclose any of the above in (b), (c) and (d) to the gym membership provider in order to better facilitate and/or enhance the provisions of service to you.
We also provide aggregated statistics about the use of the Web Player to other group companies and third parties but these statistics will not include any information which identifies you; We may employ the services of third parties to help us in certain areas, such as the provision of various software tools, website hosting and maintenance and the delivery and distribution of marketing and advertising services. In some cases, the third party may receive your personal information. However, at all times, we will control and be responsible for the use of your personal information. Some of these third parties may use aggregated statistics about the use of their software tools for their own purposes which may include sharing such statistics with third parties. However, such aggregated statistics contain no personal data and thus cannot be used to identify you.
We may, on occasion, have to transfer your personal data to third parties located in countries outside of the European Union/European Economic Area.
When these transfers happen, we will ensure that your personal data is afforded the same protections as within the EU/EEA by adhering to at least one of the following safeguards:
(i) relying on decisions of adequacy by the European Commission (see: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en );
(ii) using contracts drafted and approved by the European Commission known as Standard Contractual Clauses (see: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en ); or
(iii) where the transfer is to the United States, using service providers who are certified through the EU-US or Swiss-US Privacy Shield frameworks which require the provision of similar protections as in the European Union (see: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en )
In addition, we may collect certain information about you automatically such as the website you came from or are going to, the type of device that you use, your device's unique ID,IP addresses, your operating system, the type of browser you use and information about the way you use the App. This is statistical information about your browsing actions and patterns and is not used to identify you. It may also be used to report aggregate information to our group companies and advertisers.
Where you give us the appropriate permissions, the App may also interact with other apps and functionality on your device (e.g. automatically add gym appointments to your calendar) and will allow you to pull in data from other software applications to display on your App.
In the event that the business is sold or integrated with another business, your details may be disclosed to our advisers and any prospective purchaser’s adviser and will be passed to the new owners of the business.
For more information on the cookies we use, please see our Cookie Usage Policy.
Where you give us appropriate permissions, Connected Fitness Labs Ltd, the affiliated gym of the Web Player and subsidiaries may from time to time send you by email and post information about our and other third party products and services which we think may be of interest to you. However, your health data will not be shared with our group companies for marketing purposes.
If at any point you would like to opt-out of receiving communications from us, or would like to change the channels (such as email or post) that we use to contact you, please click on the unsubscribe link at the bottom of any emails you receive.
7. How do we protect your information?
We have strict security procedures covering the storage of your information in order to prevent accidental loss and unauthorised access, use, alteration or disclosure of such information. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your personal information for improper purposes.
8. Data subject access requests
With regards to the personal information you provide to us you have the following rights.
• The right to receive information about the data processing and a copy of the processed data (right to access);
• The right to demand the rectification of inaccurate data or the completion of incomplete data (right to rectification);
• The right to demand the erasure of personal data and, in case the personal data have been made public, the information towards other controllers about the request of erasure (right to erasure);
• The right to demand the restriction of the data processing (right to restriction of processing);
• The right to receive the personal data concerning the data subject in a structured, commonly used and machine-readable format and to request the transmittance of these data to another controller (right to data portability);
• The right to object the data processing in order to stop it (right to object);
• The right to withdraw a given consent at any time to stop a data processing that is based on your consent. The withdrawal will not affect the lawfulness of the processing based on the consent before the withdrawal (right to withdraw consent).
• The right to lodge a complaint with a supervisory authority if you consider the data processing to be an infringement of the GDPR (right to lodge a complaint with a supervisory authority).
If you wish to exercise any of the above mentioned rights, please write to us at firstname.lastname@example.org.We may require you to provide verification of your identity before we can provide you with a copy of the information we hold. Please note that in certain circumstances we may withhold access to your information where we have the right to do so under current data protection legislation.
If this Policy changes in any way, we will place an updated version within the App. Regularly reviewing this Policy ensures that you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties.
By proceeding on this SSP, YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTAND AND AGREED TO THESE TERMS AND EXPRESSLY AGREE THAT THEY FORM A BINDING CONTRACT BETWEEN YOU AND US.
CHANGES TO THE TERMS
Should Terms be updated, we will post such changes and effective dates. Your continued use constitutes acceptance of changes and agreement to be bound.
The SSP will require you to create an account and associated log-in credentials, and you may not be able to access certain content or features, functionalities, or services of the portal, without creating and logging into such an account or without payment of designated fees pertaining to the type of subscription you have.
You agree to provide true, accurate and current information when creating an account, and you are responsible for updating your account information as needed to ensure it remains current. You are responsible for maintaining the confidentiality of your log-in credentials, and you hereby acknowledge and agree that you are fully responsible and liable for all usage and activities that occurs under your account, whether authorized by you or not.
You agree to notify us immediately if you know of or suspect any unauthorized use of your account or password or any other breach of security related to your account.
We reserve the right to deny the creation of, suspend access to or terminate any account(s), or to remove or modify content, features, functionalities and/or services available to account holders, at any time in its sole discretion and without prior notice or liability to you.
You may use the SSP to (i) pay for virtual studio services (“VSS”) and/or (ii) purchase in club services (“In Club Service”) in the form of memberships, personal training or classes, and/or you may access the webstore (“Webstore”) to purchase fitness equipment, supplement, vitamins or other product offered for sale [collectively called ‘the Services’].
The Services are governed by specific terms and conditions which will be found at the time of purchase depending on the product or service you are purchasing / subscribing to.
To use the Services you confirm you are 18 years, and where you are not, your use of the Services is deemed to be approved of by your parent and /or guardian
Once you access the SSP for any of the Services, please be sure to check and confirm the name, price, quantity, specification, size, contact address, telephone number, delivery details and other information you have inserted for any of the Services you may be purchasing or accessing.
We are not liable for the failure to deliver the Services should you input an incorrect email address or mobile phone number or if your browser does not accept both cookies and pop-ups in order to be able to optimize all functionalities.
In order to access the Services, you understand, acknowledge and agree that we or our appointed agent, will necessarily need to collect, use, disclose and/or process your personal data.
Such personal data includes information about at the point of creation of your account and associated log-in credentials and any other personal information provided by you, possessed by us or that we obtain about you, whether now or in the future.
- We will/may collect, use, disclose and/or process your personal data for one or more of the following purposes :
- considering and/or processing your account with us in order to provide the Services;
- facilitating and managing your account with us, including, without limitation;
- granting you access into our facilities and clubs according to the terms of your subscription;
- providing and arranging your class access and/or personal training sessions and other fitness lessons provided by us;
- providing you with service or club/facilities status updates;
- providing you with a physical trainer at your request;
- processing the payment of your subscription fees and / or any other relevant charges that may be incurred by you;
- providing you with any benefits as indicated by the terms of your subscription;
- tracking your fitness levels and training record with our systems;
- where relevant, providing you with a fitness evaluation where requested by you;
- facilitating the payment and provision of private locker rentals;
- managing your access to online for the Services;
- where your image is captured on any of our club/facilities, to be used for publicity purposes;
- to provide you with personalised services and / or products requested by you. In such situations, we may be required to collect additional personal data from you and a failure to provide such data may mean that we are unable to provide you with the personalised service and / or product as requested by you;
- carrying out your instructions or responding to any enquiry given by (or purported to be given by) you or on your behalf;
- contacting you or communicating with you via phone/voice call, text message and/or fax message, email and/or postal mail for the purposes of administering and/or managing the purchase of product or the Services, or your membership with us such as but not limited to communicating information to you related to:
- the status of the purchase of the Services and/or your membership;
- any service or club/facilities status updates;
- reminders for appointments and / or sessions that you have booked with us;
- outstanding payments or membership fees; or
Such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages
- dealing in any matters relating to the services and/or products;
- carrying out due diligence or other screening in accordance with any legal or regulatory obligations or our risk management procedures that may be required by law or that may have been put in place by us;
- to prevent or investigate any fraud, unlawful activity or omission or misconduct, whether relating to your membership with us or any other matter arising from your membership with us, and whether or not there is any suspicion of the aforementioned;
- complying with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction, including meeting the requirements to make disclosure under the requirements of any law binding on us and/or for the purposes of any guidelines issued by regulatory or other authorities, whether in this jurisdiction or elsewhere, with which we or our holding companies, operating group are expected to comply;
- complying with or as required by any request or direction of any governmental authority; or responding to requests for information from public agencies, ministries, statutory boards or other similar authorities. For the avoidance of doubt, this means that we may/will disclosure your personal data to the aforementioned parties upon their request or direction;
- conducting research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to improve our services and facilities in order to enhance your membership with us or for your benefit, or to improve any of our products or services for your benefit;
- storing, hosting, backing up (whether for disaster recovery or otherwise) of your personal data, whether within or outside this jurisdiction;
(collectively, the “Purposes”).
- We may/will also be collecting from sources other than yourself, personal data about you, for one or more of the above Purposes, and thereafter using, disclosing and/or processing such personal data for one or more of the above Purposes.
- We may/will need to disclose your personal data to third parties, whether located within or outside the jurisdiction, for one or more of the above Purposes, as such third parties, would be processing your personal data for one or more of the above Purposes. In this regard, you hereby acknowledge, agree and consent that we may/are permitted to disclose your personal data to such third parties (whether located within or outside the jurisdiction) for one or more of the above Purposes and for the said third parties to subsequently collect, use, disclose and/or process your personal data for or more of the above Purposes. Without limiting the generality of the foregoing or of paragraph, such third parties include :
- our associated or affiliated organisations or related corporations;
- any of our agents, contractors or third party service providers that process or will be processing your personal data on our behalf including but not limited to those which provide administrative or other services to us such as mailing houses, telecommunication companies, information technology companies and data centres;
- third parties to whom disclosure by us is for one or more of the Purposes and such third parties would in turn be collecting and processing your personal data for one or more of the Purposes;
- For the avoidance of doubt, where we are required to transfer your personal data outside of the jurisdiction as stated above, we shall take such steps to ensure that the receiving organisation is bound by legally enforceable obligations such as:
- where the receiving party is an associated or affiliated organisation or related corporation, a set of binding corporate rules; and
- where the receiving party is an unrelated third party; a contract or written agreement;
to provide a standard of protection to the personal data so transferred that is comparable to the standard of protection afforded under the laws herein.
- For the avoidance of doubt, in the event that the personal data protection law here permits an organisation such as us to collect, use or disclose your personal data without your consent, such permission granted by the law shall continue to apply.
All trademarks, tradenames, brand names, logos, product names and titles, whether registered or unregistered, (collectively the “Marks”) used for the Services are trademarks or trade names owned, registered and/or licensed by us or third party trademark or trade name holders. The Marks are protected by trademark, copyright and various other intellectual property rights. You are not allowed to use, copy, display or reproduce, in whole or in part, any such Marks as this may constitute an infringement of the respective holders’ rights.
All design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source code, software and all other materials within the Services (collectively, “Content”), including all copyrights therein, are owned by us and/or our suppliers or subcontractors. The Content is a collective work under the copyright laws and protected by applicable copyright laws and treaties the world.
THIRD PARTY SITES
The SSP contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We shall not be responsible or liable for any products or services of such third party. We also make no representations or guarantees regarding the availability or content (including its truthfulness, accuracy,
completeness, timeliness or reliability) of such third party websites or
resources in respect of which links have been provided.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD-PARTY SITES AND ARE NOT RESPONSIBLE FOR SUCH THIRD-PARTY SITES OR THE CONTENTS, FEATURES OR OPERATION OF SUCH THIRD-PARTY SITES. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO ACCESS AND USE ANY THIRD-PARTY SITE IS AT YOUR SOLE RISK, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF OR RELIANCE ON ANY THIRD-PARTY SITES.
We are NOT a health care or medical provider. The SSP features, functionalities, services and content made available therein, including without limitation any advice, information, workouts, exercises, regimens, nutritional plans, recipes or other materials is provided for general informational purposes only, and do not constitute medical advice.
Nothing here is intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used as, a substitute for a professional medical evaluation.
We are not responsible for any consequences of you having subscribed to any of the Services and/or purchase of any supplement or product from the webstore.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES AND WE ARE NOT RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON ANY INFORMATION HEREIN.
While visiting our Webstore or using the Services and participating in, accessing and using the features you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not: request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person’s account; disguise the origin of a user submission; alter, modify, frame, or “mirror” any content; create a deep-link to our Webstore by by-passing our Webstore’s home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Webstore; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Webstore or interrupt any user’s experience on the Webstore, including, but not limited to, acting in any manner that disrupts users’ real-time exchanges; interfere with or disrupt the Webstore, or servers or network connections to the Webstore; disobey any requirements, procedures, policies or regulations of networks connected to the Webstore; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Webstore; or attempt to gain unauthorised access to the Webstore (or any portion thereof).
The above prohibitions are set out as examples only and are not meant to be complete or exhaustive.
While we endeavor to provide the best digital experience we can, including without limitation by offering accurate and current content, we cannot and do not guarantee that any portion of content here will always be fully-functional, current or accurate.
For up-to-date information on the Services such as, club hours, class schedule changes, contact information and any other information regarding any of our club/facilities, its operations, programs, and/or offerings, please contact the relevant club location or our corporate offices.
YOU ACKNOWLEDGE AND AGREE THAT, YOUR USE OF THE DIGITAL PROPERTIES HERE IS AT YOUR SOLE RISK, AND THAT THE DIGITAL PROPERTIES, AND ALL ASPECTS THEREOF, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (1) WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES THAT THE DIGITAL PROPERTIES WILL MEET YOUR REQUIREMENTS, OR OPERATE WITH THE DEVICES, HARDWARE OR SOFTWARE YOU USE; OR (3) WARRANTIES THAT YOUR ACCESS TO AND USE OF THE DIGITAL PROPERTIES WILL BE AVAILABLE, UNINTERRUPTED, CURRENT, OR FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
YOU ALONE ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE DIGITAL PROPERTIES, THROUGH THE SSP AND THE SERVICES AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE DIGITAL PROPERTIES IS TO STOP USING AND, WHERE APPLICABLE, UNINSTALL THE DIGITAL PROPERTIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR PARENT COMPANIES, SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, “EW GROUP”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY DEATH, PERSONAL INJURY, LOSS OF USE, LOST DATA, LOST BUSINESS OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE DIGITAL PROPERTIES, OR THESE TERMS.
IN ADDITION, IF AND TO THE EXTENT THE EW GROUP IS LIABLE FOR ANY DIRECT DAMAGES FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE DIGITAL PROPERTIES, OR THESE TERMS, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF EW GROUP FOR SUCH DIRECT DAMAGES WILL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00 USD), EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold the EW GROUP harmless from and against any and all claims, liabilities, losses, damages, demands, complaints, actions, judgements, settlements, fines, penalties, costs and expenses (including without limitation reasonable solicitor and expert fees), arising out of or in connection with: (1) your access to and/or use of the SSP or any portion thereof; (2) your failure to comply with these Terms or with any applicable law, rule or regulation; (3) your infringement, misappropriation or violation of the content in the SSP or of any third party’s intellectual property right; or (4) any activity occurring by or through your account, whether taken by you or another person accessing or using your account, with or without authorization.
EW GROUP will use reasonable efforts to notify you of any claim, action or proceeding subject to the foregoing paragraph once it becomes aware of it, but any failure to provide you with notice shall not limit your indemnification obligations unless you can establish actual prejudice resulted from such failure.
EW GROUP reserves the right, at your expense, to assume the exclusive defense and control of any claim, action or proceeding for which you are required to provide indemnification, and you agree to cooperate with our defense of these claims.
You may terminate these Terms at any time by ceasing to access and use the SSP and by deleting your account and, where applicable, uninstalling any digital properties you have downloaded into your devices.
We reserve the right to terminate these Terms, or otherwise terminate, suspend or restrict your access to and use of your access and/or subscription, in whole or in part, at any time and without prior notice or liability to you, for any reason, including without limitation your failure to comply with any portion of these Terms.
These Terms, and your access to and/or use of the SSP and the account you create in your jurisdiction, will be governed by and construed in accordance with the laws of Singapore without regard to its conflict of laws principles.
Nothing in these Terms shall be construed as creating any agency, partnership or other form of joint enterprise between you and the EW GROUP.
Our failure to enforce any provision or exercise any right under these Terms will not constitute a waiver of such provision or right, nor will any waiver of any breach of these Terms act as a waiver of any other provision or a waiver of any future breaches.
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You are not to assign these Terms unless agreed by us in writing.