These General Terms and Conditions, including all policies referred to herein (these “Terms & Conditions”), apply to:
The use of and access to any information, pictures, documents, materials and/or other services (“Services”) on the online shop owned by or on behalf of and/or operated by or on behalf of Fitness First Singapore, our parent companies and/or affiliates (collectively referred to as “Fitness First Singapore,” “we”or “us” and the grammatically derivatives thereof shall be construed accordingly) located at www.fitnessfirst.com.sg (the “Website”); and shop.fitnessfirst.com.sg and (the “Online Shop”);
b. the sale and purchase of products (the “Products”) on the Online ShopOnline Shop.
PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY PRIOR TO USING THE ONLINE SHOP. BY ACCESSING OR USING THE ONLINE SHOP, YOU HAVE AGREED AND ACCEPTED (AND YOU ARE REGARDED AS HAVING AGREED AND ACCEPTED) TO THESE TERMS AND CONDITIONS, WHICH MAY BE AMENDED FROM TIME TO TIME WITHOUT PRIOR NOTICE, EFFECTIVE UPON ITS POSTING ON THE ONLINE SHOP. EACH TIME THAT YOU USE OR ACCESS THE ONLINE SHOP, THE CURRENT VERSION OF THESE TERMS AND CONDITIONS WILL APPLY. YOU SHOULD CHECK THE DATE OF THE TERMS AND CONDITIONS (WHICH APPEARS ABOVE) AND REVIEW ANY CHANGES THAT HAVE BEEN MADE SINCE YOUR LAST VISIT TO THE ONLINE SHOP. YOUR CONTINUED USE OR ACCESS OF THE ONLINE SHOP SHALL BE REGARDED AS YOUR ACCEPTANCE OF THE UPDATED VERSION OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD DISCONTINUE YOUR ACCESS OR USE OF THE ONLINE SHOPOnline Shop. By using or accessing the Online Shopyou represent and undertake that (i) you are of sufficient legal age or otherwise have legal capacity to legally agree to these Terms and Conditions and (ii) you have read, understand and agree to be bound by these Terms and Conditions and (iii) you will use the Online Shopin accordance with applicable law. By accessing the Online ShopOnline Shop you also acknowledge that some content may not be suitable for people under the age of 18.
INFORMATION ON THE ONLINE SHOP
Product Descriptions
All descriptions, images, references, features, content, specifications and prices of Products and services described or depicted on this Online Shop, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any Products or services on this Online Shop at a particular time does not imply or warrant that these Products or services will be available at any time. By engaging in a purchase of a Product or service made available by us on this Online Shop (a “Transaction” and collectively “Transactions”), you represent that the Products you order as part of the applicable Transaction will be used in accordance with all applicable laws. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product or service; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any Product or service. The products and claims made about specific products on or through the Online Shop have not been evaluated by the Singapore Department of Health and are not approved to diagnose, treat, cure or prevent disease. You should consult your physician about interactions between medications you are taking and nutritional supplements. The Online Shop is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Online Shop, including information that may be provided on the Online Shop directly or by linking to third-party websites are provided for informational purposes only. Information on the Online Shop including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.
Information on the Online Shop is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Never disregard or delay medical advice based upon information you may have read on the Online Shop. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labelling and packaging details and recommended use.
We are not liable for any information provided on the Online Shop regarding the recommendations of supplements for any health purposes. We make no guarantee or warranty with respect to any products or services sold. We are not responsible for any damages for information or services provided even if we have been advised of the possibility of damages.
Exclusion of Liability for External Links
If the Online Shop contains links to other sites on the Internet, Fitness First Singapore hereby declares explicitly that it has no influence on and is not responsible for the layout or content of the linked pages. Such links are provided solely for your convenience. Fitness First Singapore does not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located on or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Online Shop, you do so entirely on your own decision and at your own risk. You should read and understand the policies and terms and conditions associated with any linked sites closely before accessing, using, submitting information to such sites, and allowing children to visit such sites. Our “Privacy policy” does not apply to any collection and processing of your personal data on or through such external sites.
PHYSICAL ACTIVITY NOTICE
The Online Shop may include features that promote physical activities. Please consider the risks involved and consult your medical professional before engaging in any physical activity. We are not responsible or liable for any injuries or damages you may sustain that may result from your use of, or inability to use these Online Shop.
INTELLECTUAL PROPERTY
Trademarks
All trademarks, tradenames, brand names, logos, Product names and titles, whether registered or unregistered, (collectively the “Marks”) used on the Online Shop are trademarks or trade names owned, registered and/or licensed by Fitness First Singapore 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.
Ownership of Design, Images and Content
All Online Shop 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 on this Online Shop (collectively, “Content”), including all copyrights therein, are owned by Fitness First Singapore and/or its suppliers or subcontractors. The Content is a collective work under the copyright laws of Singapore and other countries and protected by applicable copyright laws and treaties the world.
Limited Use
You are only allowed to electronically copy and to print in hard copy portions of the Online Shop to the extent that is necessary for the purpose of placing an order with us, or for using the Online Shop as a shopping resource, or for your other personal and non-commercial use. You are not allowed to make any other use of the information and materials on this Online Shop (including but not limited to the Marks and the Content), including reproduction, modification, distribution or republication for purposes other than as mentioned above. Should you wish to use materials or information from this Online Shop (including but not limited to the Marks and the Content) for any other purpose, you need our prior written approval to do so.
RESTRICTIONS ON USE
Prohibited Actions
While visiting the Online Shop 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 Online Shop by by-passing our Online Shop’s home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Online Shop; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Online Shop or interrupt any user’s experience on the Online Shop, including, but not limited to, acting in any manner that disrupts users’ real-time exchanges; interfere with or disrupt the Online Shop, or servers or network connections to the Online Shop; disobey any requirements, procedures, policies or regulations of networks connected to the Online Shop; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Online Shop; or attempt to gain unauthorised access to the Online Shop (or any portion thereof).
The above prohibitions are set out as examples only and are not meant to be complete or exhaustive.
Prohibited Submissions
You are prohibited from posting or transmitting to the Online Shop any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
INDEMNIFICATIONs
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FITNESS FIRST SINGAPORE AND ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF FITNESS FIRST SINGAPORE AND ITS AFFILIATES AGAINST ANY LOSSES, LIABILITIES, CLAIMS, EXPENSES AS A RESULT OF (I) YOUR USER SUBMISSIONS OR YOUR ACCESS TO OR USE OF THE ONLINE SHOP; (II) YOUR BREACH OF THESE TERMS AND CONDITIONS (INCLUDING BUT NOT LIMITED TO THE FOREGOING PROHIBITIONS); (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT; OR (IV) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES, REGULATIONS, ORDERS OR ORDINACE OF ANY COMPETENT AUTHORITIES.
DISCLAIMER OF WARRANTIES
THE ONLINE SHOP AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE ONLINE SHOP ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE ONLINE SHOP, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE ONLINE SHOP. FITNESS FIRST SINGAPORE AND ITS AFFILIATES, SUPPLIERS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE ONLINE SHOP AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE ONLINE SHOP, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
LIMITATION OF LIABILITY
NEITHER FITNESS FIRST SINGAPORE NOR ANY OF ITS AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE ONLINE SHOP, OR UNAUTHORIZED INTERCEPTION OF ANY APPLICABLE INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF APPLICABLE DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER FITNESS FIRST SINGAPORE NOR ITS AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE ONLINE SHOP OR FROM ANY CONTENT POSTED ON THE ONLINE SHOP BY FITNESS FIRST SINGAPORE OR ANY THIRD PARTY UNLESS SUCH DAMAGE IS THE RESULT OF ANY WILFUL MISCONDUCT ON THE PART OF FITNESS FIRST SINGAPORE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE ONLINE SHOP IS TO STOP USING THE ONLINE SHOP. THE MAXIMUM LIABILITY OF FITNESS FIRST SINGAPORE AND ITS AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED SGD200.
While we try to maintain the integrity and security of the Online Shop and the servers from which the Online Shop is operated, we do not guarantee that the Online Shop will be or remain secure, complete or correct, or that access to the Online Shop will be uninterrupted. The Online Shop may include inaccuracies, errors and materials that violate or conflict with these Terms and Conditions. Additionally, third parties may make unauthorized alterations to the Online Shop.
TERMINATION
We reserve the right to change, suspend, or discontinue all or any aspect of this Online Shop, Products and services available on or through the Online Shop at any time without notice. You are personally liable for any orders that you place or charges that you incur or are made under your account prior to termination. We shall not be liable to you or any third party for any of the foregoing.
Any sections of these Terms and Conditions that must survive termination in order to give effect to their intent and meaning shall survive termination of these Terms and Conditions.
MISCELLANEOUS
Changes to these Terms and Conditions
If Fitness First Singapore decides to change these Terms and Conditions, we will post the changed terms and conditions on the Online Shop. You are advised to regularly check whether they have changed. IF YOU CONTINUE TO USE THE ONLINE SHOP AFTER EFFECTIVENESS OF THE CHANGED TERMS AND CONDITIONS, YOU ARE DEEMED TO HAVE FULLY ACCEPTED THE CHANGES.
Governing Law and Jurisdiction
These Terms and Conditions (including all policies referred to herein) are governed by the laws of Singapore. Any dispute arising from or relating to these Terms and Conditions (or any policy referred to herein) shall be subject to the exclusive jurisdiction of the competent Singapore court.
Independent Contractors
These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Fitness First Singapore.
Severability
If any provision of these Terms and Conditions is found to be unlawful, void or for any reason unenforceable, such provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provision.
Assignment
You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent.
Force Majeure
We will not be responsible for failures to fulfil any obligations under these Terms and Conditions due to causes beyond our reasonable control, including but not limited to war, terrorist attack, strike, fire, explosion, flood, earthquake or other natural disaster.
Entire Agreement
These Terms and Conditions, together with all policies referred to herein, constitute the entire agreement between you and Fitness First Singapore relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Fitness First Singapore relating to the subject matter herein.
No Third Party Rights
A person who is not a party to these Terms and Conditions has no rights under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any term of the contract, but this does not affect any right or remedy of a third party which exists or is available apart from the said Act.
The use of and access to any information, pictures, documents, materials and/or other services (“Services”) on the online shop owned by or on behalf of and/or operated by or on behalf of Fitness First Singapore, our parent companies and/or affiliates (collectively referred to as “Fitness First Singapore,” “we”or “us” and the grammatically derivatives thereof shall be construed accordingly) located at www.fitnessfirst.com.sg (the “Website”); and shop.fitnessfirst.com.sg and (the “Online Shop”);
b. the sale and purchase of products (the “Products”) on the Online ShopOnline Shop.
PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY PRIOR TO USING THE ONLINE SHOP. BY ACCESSING OR USING THE ONLINE SHOP, YOU HAVE AGREED AND ACCEPTED (AND YOU ARE REGARDED AS HAVING AGREED AND ACCEPTED) TO THESE TERMS AND CONDITIONS, WHICH MAY BE AMENDED FROM TIME TO TIME WITHOUT PRIOR NOTICE, EFFECTIVE UPON ITS POSTING ON THE ONLINE SHOP. EACH TIME THAT YOU USE OR ACCESS THE ONLINE SHOP, THE CURRENT VERSION OF THESE TERMS AND CONDITIONS WILL APPLY. YOU SHOULD CHECK THE DATE OF THE TERMS AND CONDITIONS (WHICH APPEARS ABOVE) AND REVIEW ANY CHANGES THAT HAVE BEEN MADE SINCE YOUR LAST VISIT TO THE ONLINE SHOP. YOUR CONTINUED USE OR ACCESS OF THE ONLINE SHOP SHALL BE REGARDED AS YOUR ACCEPTANCE OF THE UPDATED VERSION OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD DISCONTINUE YOUR ACCESS OR USE OF THE ONLINE SHOPOnline Shop. By using or accessing the Online Shopyou represent and undertake that (i) you are of sufficient legal age or otherwise have legal capacity to legally agree to these Terms and Conditions and (ii) you have read, understand and agree to be bound by these Terms and Conditions and (iii) you will use the Online Shopin accordance with applicable law. By accessing the Online ShopOnline Shop you also acknowledge that some content may not be suitable for people under the age of 18.
INFORMATION ON THE ONLINE SHOP
Product Descriptions
All descriptions, images, references, features, content, specifications and prices of Products and services described or depicted on this Online Shop, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any Products or services on this Online Shop at a particular time does not imply or warrant that these Products or services will be available at any time. By engaging in a purchase of a Product or service made available by us on this Online Shop (a “Transaction” and collectively “Transactions”), you represent that the Products you order as part of the applicable Transaction will be used in accordance with all applicable laws. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product or service; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any Product or service. The products and claims made about specific products on or through the Online Shop have not been evaluated by the Singapore Department of Health and are not approved to diagnose, treat, cure or prevent disease. You should consult your physician about interactions between medications you are taking and nutritional supplements. The Online Shop is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Online Shop, including information that may be provided on the Online Shop directly or by linking to third-party websites are provided for informational purposes only. Information on the Online Shop including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.
Information on the Online Shop is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Never disregard or delay medical advice based upon information you may have read on the Online Shop. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labelling and packaging details and recommended use.
We are not liable for any information provided on the Online Shop regarding the recommendations of supplements for any health purposes. We make no guarantee or warranty with respect to any products or services sold. We are not responsible for any damages for information or services provided even if we have been advised of the possibility of damages.
Exclusion of Liability for External Links
If the Online Shop contains links to other sites on the Internet, Fitness First Singapore hereby declares explicitly that it has no influence on and is not responsible for the layout or content of the linked pages. Such links are provided solely for your convenience. Fitness First Singapore does not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located on or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Online Shop, you do so entirely on your own decision and at your own risk. You should read and understand the policies and terms and conditions associated with any linked sites closely before accessing, using, submitting information to such sites, and allowing children to visit such sites. Our “Privacy policy” does not apply to any collection and processing of your personal data on or through such external sites.
PHYSICAL ACTIVITY NOTICE
The Online Shop may include features that promote physical activities. Please consider the risks involved and consult your medical professional before engaging in any physical activity. We are not responsible or liable for any injuries or damages you may sustain that may result from your use of, or inability to use these Online Shop.
INTELLECTUAL PROPERTY
Trademarks
All trademarks, tradenames, brand names, logos, Product names and titles, whether registered or unregistered, (collectively the “Marks”) used on the Online Shop are trademarks or trade names owned, registered and/or licensed by Fitness First Singapore 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.
Ownership of Design, Images and Content
All Online Shop 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 on this Online Shop (collectively, “Content”), including all copyrights therein, are owned by Fitness First Singapore and/or its suppliers or subcontractors. The Content is a collective work under the copyright laws of Singapore and other countries and protected by applicable copyright laws and treaties the world.
Limited Use
You are only allowed to electronically copy and to print in hard copy portions of the Online Shop to the extent that is necessary for the purpose of placing an order with us, or for using the Online Shop as a shopping resource, or for your other personal and non-commercial use. You are not allowed to make any other use of the information and materials on this Online Shop (including but not limited to the Marks and the Content), including reproduction, modification, distribution or republication for purposes other than as mentioned above. Should you wish to use materials or information from this Online Shop (including but not limited to the Marks and the Content) for any other purpose, you need our prior written approval to do so.
RESTRICTIONS ON USE
Prohibited Actions
While visiting the Online Shop 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 Online Shop by by-passing our Online Shop’s home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Online Shop; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Online Shop or interrupt any user’s experience on the Online Shop, including, but not limited to, acting in any manner that disrupts users’ real-time exchanges; interfere with or disrupt the Online Shop, or servers or network connections to the Online Shop; disobey any requirements, procedures, policies or regulations of networks connected to the Online Shop; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Online Shop; or attempt to gain unauthorised access to the Online Shop (or any portion thereof).
The above prohibitions are set out as examples only and are not meant to be complete or exhaustive.
Prohibited Submissions
You are prohibited from posting or transmitting to the Online Shop any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
INDEMNIFICATIONs
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FITNESS FIRST SINGAPORE AND ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF FITNESS FIRST SINGAPORE AND ITS AFFILIATES AGAINST ANY LOSSES, LIABILITIES, CLAIMS, EXPENSES AS A RESULT OF (I) YOUR USER SUBMISSIONS OR YOUR ACCESS TO OR USE OF THE ONLINE SHOP; (II) YOUR BREACH OF THESE TERMS AND CONDITIONS (INCLUDING BUT NOT LIMITED TO THE FOREGOING PROHIBITIONS); (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT; OR (IV) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES, REGULATIONS, ORDERS OR ORDINACE OF ANY COMPETENT AUTHORITIES.
DISCLAIMER OF WARRANTIES
THE ONLINE SHOP AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE ONLINE SHOP ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE ONLINE SHOP, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE ONLINE SHOP. FITNESS FIRST SINGAPORE AND ITS AFFILIATES, SUPPLIERS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE ONLINE SHOP AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE ONLINE SHOP, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
LIMITATION OF LIABILITY
NEITHER FITNESS FIRST SINGAPORE NOR ANY OF ITS AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE ONLINE SHOP, OR UNAUTHORIZED INTERCEPTION OF ANY APPLICABLE INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF APPLICABLE DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER FITNESS FIRST SINGAPORE NOR ITS AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE ONLINE SHOP OR FROM ANY CONTENT POSTED ON THE ONLINE SHOP BY FITNESS FIRST SINGAPORE OR ANY THIRD PARTY UNLESS SUCH DAMAGE IS THE RESULT OF ANY WILFUL MISCONDUCT ON THE PART OF FITNESS FIRST SINGAPORE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE ONLINE SHOP IS TO STOP USING THE ONLINE SHOP. THE MAXIMUM LIABILITY OF FITNESS FIRST SINGAPORE AND ITS AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED SGD200.
While we try to maintain the integrity and security of the Online Shop and the servers from which the Online Shop is operated, we do not guarantee that the Online Shop will be or remain secure, complete or correct, or that access to the Online Shop will be uninterrupted. The Online Shop may include inaccuracies, errors and materials that violate or conflict with these Terms and Conditions. Additionally, third parties may make unauthorized alterations to the Online Shop.
TERMINATION
We reserve the right to change, suspend, or discontinue all or any aspect of this Online Shop, Products and services available on or through the Online Shop at any time without notice. You are personally liable for any orders that you place or charges that you incur or are made under your account prior to termination. We shall not be liable to you or any third party for any of the foregoing.
Any sections of these Terms and Conditions that must survive termination in order to give effect to their intent and meaning shall survive termination of these Terms and Conditions.
MISCELLANEOUS
Changes to these Terms and Conditions
If Fitness First Singapore decides to change these Terms and Conditions, we will post the changed terms and conditions on the Online Shop. You are advised to regularly check whether they have changed. IF YOU CONTINUE TO USE THE ONLINE SHOP AFTER EFFECTIVENESS OF THE CHANGED TERMS AND CONDITIONS, YOU ARE DEEMED TO HAVE FULLY ACCEPTED THE CHANGES.
Governing Law and Jurisdiction
These Terms and Conditions (including all policies referred to herein) are governed by the laws of Singapore. Any dispute arising from or relating to these Terms and Conditions (or any policy referred to herein) shall be subject to the exclusive jurisdiction of the competent Singapore court.
Independent Contractors
These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Fitness First Singapore.
Severability
If any provision of these Terms and Conditions is found to be unlawful, void or for any reason unenforceable, such provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provision.
Assignment
You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent.
Force Majeure
We will not be responsible for failures to fulfil any obligations under these Terms and Conditions due to causes beyond our reasonable control, including but not limited to war, terrorist attack, strike, fire, explosion, flood, earthquake or other natural disaster.
Entire Agreement
These Terms and Conditions, together with all policies referred to herein, constitute the entire agreement between you and Fitness First Singapore relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Fitness First Singapore relating to the subject matter herein.
No Third Party Rights
A person who is not a party to these Terms and Conditions has no rights under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any term of the contract, but this does not affect any right or remedy of a third party which exists or is available apart from the said Act.
TERMS OF SALE
The Online Shop only sells Products to adults who have payment ability. If you are under 18 years, your use of the Online Shop is deemed to be approved of by your parent and /or guardian
Please read our Privacy Policy, if you have any questions, you can contact us; if you choose to continue with payment, that means you fully understand and agree to these terms.
When you submit your order, please be sure to check and confirm the name, price, quantity, specification, size, contact address, telephone number, delivery details and other information of the purchased product. You need an email address and a mobile phone number to place an order, and you may need to set your browser to accept both cookies and pop-ups in order to be able to use all the functionalities of the Online Shop, which includes adding Products to your shopping cart and submitting your order.
WAIVER AND RELEASE OF LIABILITY FOR THE USE OF PERSONAL TRAINING SESSIONS
PLEASE READ CAREFULLY BEFORE AGREEING:
I hereby acknowledge that I, in attending to the purchased sessions of personal training whether inside or outside the premises of Fitness First, do so at my own risk. I confirm and acknowledge Fitness First, its directors, officers, and employees shall not be held liable for any loss or damage to personal property or any personal injuries, death or loss resulting from my participation and undertaking pursuant to the personal training sessions whatsoever. I assume full responsibility for any injury or damage that may occur to me at, or about the premises at which I utilise my personal training sessions. I do hereby release and forever discharge Fitness First, it’s directors, officers and their employees or any one or more of them from any and all claims, demands or damages suffered by me or third parties through my participation herein. The risks include those foreseen, unforeseen, known and unknown.
I hereby certify that I am participating in this function in sound and good health and am able to participate without assistance. I will not use the service under the influence of alcohol or drugs or any other substance which impairs my faculties. If I opt to carry out my personal training sessions at your premise, I confirm I have read the rules and regulations pertaining to my access into your premises and I am bound by them.
I represent that at the time of receiving and signing this agreement and release, I am of lawful age and legally competent to execute it and if not, I am doing so with full and express parental / guardian consent for which I am obligated to provide if requested, and that before signing this agreement and release I have fully informed myself of its content and execute with full knowledge thereof. I acknowledge that I have read and understand the above.
To order from Fitness First Singapore e-Shop Website
Passing of property
Property in the Products you have ordered will be passed to you when they are delivered to the Courier. Once the property in the Products have been passed to you all risk of damage to, or loss of, the Products shall pass to you. If you fail to receive the delivery or the Courier is unable to deliver the Products, the risk in the Products will still pass to you, and we shall be entitled to charge you for any additional storage costs or delivery fees incurred by us.
Promotional Discount
Promotional discounts are non-transferable and there is no cash alternative. Only one promotional code will be accepted per order. The terms and conditions may vary for each promotional code and we reserve the right not to accept, honour, or impose conditions on the honouring of, any coupon, coupon code, promotional code or other similar promotions. We reserve the right to cancel an order in the event that an unauthorised promotional code has been used.
No Changes and Cancelations
Please note that we cannot make or accept any changes (including delivery address, quantity, the Products) and/or cancelation once your order has been placed. Please check your order before submission and completion of payment.
Right Not to Accept Orders
Fulfilment of all orders on the Online Shop is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel an order by written notice to you in the following situations (list is not intended to be exhaustive), without being liable for any damages or costs other than repayment of any amount received from you in relation to the order we have cancelled:
The Online Shop only sells Products to adults who have payment ability. If you are under 18 years, your use of the Online Shop is deemed to be approved of by your parent and /or guardian
Please read our Privacy Policy, if you have any questions, you can contact us; if you choose to continue with payment, that means you fully understand and agree to these terms.
When you submit your order, please be sure to check and confirm the name, price, quantity, specification, size, contact address, telephone number, delivery details and other information of the purchased product. You need an email address and a mobile phone number to place an order, and you may need to set your browser to accept both cookies and pop-ups in order to be able to use all the functionalities of the Online Shop, which includes adding Products to your shopping cart and submitting your order.
WAIVER AND RELEASE OF LIABILITY FOR THE USE OF PERSONAL TRAINING SESSIONS
PLEASE READ CAREFULLY BEFORE AGREEING:
I hereby acknowledge that I, in attending to the purchased sessions of personal training whether inside or outside the premises of Fitness First, do so at my own risk. I confirm and acknowledge Fitness First, its directors, officers, and employees shall not be held liable for any loss or damage to personal property or any personal injuries, death or loss resulting from my participation and undertaking pursuant to the personal training sessions whatsoever. I assume full responsibility for any injury or damage that may occur to me at, or about the premises at which I utilise my personal training sessions. I do hereby release and forever discharge Fitness First, it’s directors, officers and their employees or any one or more of them from any and all claims, demands or damages suffered by me or third parties through my participation herein. The risks include those foreseen, unforeseen, known and unknown.
I hereby certify that I am participating in this function in sound and good health and am able to participate without assistance. I will not use the service under the influence of alcohol or drugs or any other substance which impairs my faculties. If I opt to carry out my personal training sessions at your premise, I confirm I have read the rules and regulations pertaining to my access into your premises and I am bound by them.
I represent that at the time of receiving and signing this agreement and release, I am of lawful age and legally competent to execute it and if not, I am doing so with full and express parental / guardian consent for which I am obligated to provide if requested, and that before signing this agreement and release I have fully informed myself of its content and execute with full knowledge thereof. I acknowledge that I have read and understand the above.
To order from Fitness First Singapore e-Shop Website
- 1. Visit https://www.fitnessfirst.com.sg/online-shop
- 2. Select the service you wish to purchase and key in all required fields
- 3. Click “Submit”
- 4. Enter your personal details
- 5. Click “Continue to Payment
- 6 You will be directed to a payment link to complete the purchase
- 7. After you have confirmed your order, you will receive an acknowledgement email and a confirmation after 48 hours.
Passing of property
Property in the Products you have ordered will be passed to you when they are delivered to the Courier. Once the property in the Products have been passed to you all risk of damage to, or loss of, the Products shall pass to you. If you fail to receive the delivery or the Courier is unable to deliver the Products, the risk in the Products will still pass to you, and we shall be entitled to charge you for any additional storage costs or delivery fees incurred by us.
Promotional Discount
Promotional discounts are non-transferable and there is no cash alternative. Only one promotional code will be accepted per order. The terms and conditions may vary for each promotional code and we reserve the right not to accept, honour, or impose conditions on the honouring of, any coupon, coupon code, promotional code or other similar promotions. We reserve the right to cancel an order in the event that an unauthorised promotional code has been used.
No Changes and Cancelations
Please note that we cannot make or accept any changes (including delivery address, quantity, the Products) and/or cancelation once your order has been placed. Please check your order before submission and completion of payment.
Right Not to Accept Orders
Fulfilment of all orders on the Online Shop is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel an order by written notice to you in the following situations (list is not intended to be exhaustive), without being liable for any damages or costs other than repayment of any amount received from you in relation to the order we have cancelled:
- The Product/Service is not available;
- Your billing information is not correct or not verifiable;
- Your order is flagged up by our security systems as an unusual order or an order susceptible to or suspected of fraud;
- We could not deliver to the address provided by you;
- We believe you are under the age of 18 years old;
- We believe that you are a reseller;
- There was an error in the price display on the Online Shop;
- In the event of misspelling, pricing or other errors or mistakes in the Online Shop information; or
- Due to any circumstance(s) or event(s) beyond our control.
PAYMENT TERMS
You shall pay the price of the Product(s) in full upon submitting your order. We accept the following credit card payment methods for purchases made on our Online Shop.
– VISA credit
– MASTERCARD credit
– American Express
– JCB
– Union Pay
Fitness First Singapore reserves the right to change the payment options at any time for any reason.
All credit/debit card transactions made on the Website are secured using the Secure Socket Layer (SSL) technology and payments are processed by Adyen.
By proceeding to a payment, you undertake to use your own card or account and that there are sufficient funds or credit facilities to cover the cost of your order. Fitness First Singapore reserves the right to reject an order in the event of an ongoing payment dispute or if a Customer has ordered an unusually high number of Products.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note that it is possible that your card issuer may charge you an online handling fee or processing fee to perform the payment of Products purchased online. We are not responsible for this.
If you are a customer whose credit or debit card is not denominated in Singapore Dollars (SGD), the final price may vary, depending on the exchange rate applied by your card issuer or issuing bank. For the avoidance of doubt, we shall under no circumstances be responsible for any foreign transaction fees charged by your issuing bank if you are using an international credit/debit card.
Offer to Purchase
All information on the Online Shop is only an invitation to treat and is not an offer or unilateral contract. You agree that your order is an offer to purchase the Products listed in your order in agreement with our Terms and Conditions.
Currency
All prices are indicated and charged in Singapore dollars (“SGD”).
Payment Method
You can pay for the Products by the payment method as indicated in the checkout page. If you have a promotion code, please enter it in the checkout page in the ‘Promotion Discount’ field and click on ‘Apply’. Please check the expiry date of your promotion code before using it. Please note that you cannot use more than one promotion code for the same purchase order. Not all Products and not all sale of Products are eligible to the promotion code.
Data Check
During the payment process we may perform credit checks. Based on the outcome thereof we may change, adjust or decline an order and/or the selected payment method. Our customer service team will not be informed of the outcome of credit checks.
Total Price
The total price specified in the final checkout screen includes shipping costs, if applicable. This total price will be recorded in the Purchase Order Confirmation.
Price Changes
The prices of the Products will be as displayed on the Online Shop. Prices may change from time to time, but changes will not affect any order which we have confirmed in the Order Confirmation.
You shall pay the price of the Product(s) in full upon submitting your order. We accept the following credit card payment methods for purchases made on our Online Shop.
– VISA credit
– MASTERCARD credit
– American Express
– JCB
– Union Pay
Fitness First Singapore reserves the right to change the payment options at any time for any reason.
All credit/debit card transactions made on the Website are secured using the Secure Socket Layer (SSL) technology and payments are processed by Adyen.
By proceeding to a payment, you undertake to use your own card or account and that there are sufficient funds or credit facilities to cover the cost of your order. Fitness First Singapore reserves the right to reject an order in the event of an ongoing payment dispute or if a Customer has ordered an unusually high number of Products.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note that it is possible that your card issuer may charge you an online handling fee or processing fee to perform the payment of Products purchased online. We are not responsible for this.
If you are a customer whose credit or debit card is not denominated in Singapore Dollars (SGD), the final price may vary, depending on the exchange rate applied by your card issuer or issuing bank. For the avoidance of doubt, we shall under no circumstances be responsible for any foreign transaction fees charged by your issuing bank if you are using an international credit/debit card.
Offer to Purchase
All information on the Online Shop is only an invitation to treat and is not an offer or unilateral contract. You agree that your order is an offer to purchase the Products listed in your order in agreement with our Terms and Conditions.
Currency
All prices are indicated and charged in Singapore dollars (“SGD”).
Payment Method
You can pay for the Products by the payment method as indicated in the checkout page. If you have a promotion code, please enter it in the checkout page in the ‘Promotion Discount’ field and click on ‘Apply’. Please check the expiry date of your promotion code before using it. Please note that you cannot use more than one promotion code for the same purchase order. Not all Products and not all sale of Products are eligible to the promotion code.
Data Check
During the payment process we may perform credit checks. Based on the outcome thereof we may change, adjust or decline an order and/or the selected payment method. Our customer service team will not be informed of the outcome of credit checks.
Total Price
The total price specified in the final checkout screen includes shipping costs, if applicable. This total price will be recorded in the Purchase Order Confirmation.
Price Changes
The prices of the Products will be as displayed on the Online Shop. Prices may change from time to time, but changes will not affect any order which we have confirmed in the Order Confirmation.
We begin processing your order immediately upon receipt. For this reason, we will not be able to cancel or change your order once you have submitted it to us.
Online Shop
Online Shop