By accessing this Site, App and/or using the Services, you hereby agree:
(ii) that you are the user of the Site, App and/or Services and are 18 years or above.
1 Site, App and Services
1.1 The Site and App is owned and maintained by BeachFit (a wholly owned subsidiary of Revolution Fitness Pte Ltd).
1.2 BeachFit operates a monthly subscription service that gives our members access to the best training and nutrition programs for body transformation, which offers one or more of the following features and services (each a “Service” and collectively the “Services”) through the Site or App:
1.2.1 access to a collection of information, products, services, data, text, listings, pricing, graphics, images, videos, audio files and other types of works;
1.2.2 search engines or tools;
1.2.3 blogs, message boards, communication tools;
1.2.4 email or message alerts; and
1.2.5 any other services, features, content or applications that BeachFit may offer through the Site or App from time to time in our sole and absolute discretion.
1.3 BeachFit reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services, Site or App at any time. We may also impose limits on certain features or restrict your access to parts or the entire Services, App or Site without notice or liability.
2.2 You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:
2.2.1 any Service;
2.2.2 the Site or App;
2.2.3 any materials, information, news, advertisements, listings, pricing, data, input, text, songs, audio, video, pictures, graphics, software, blogs, forums, message boards, broadcasts, comments, suggestions, ideas and other content, that is made available on or via the Site, App or Services (collectively, “Content”),
2.3 Without prejudice to the generality of Clause 2.1, you agree not to reproduce, display or otherwise provide access to the Site, App, Services or Content, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of BeachFit.
2.4 The Site, App and all Content are the copyrighted work of BeachFit or our content or software providers, and BeachFit reserves and retains all rights in the Site, App and Content.
2.5 You may not decompile, reverse engineer or otherwise attempt to discover the source code of the App or any Content, except under the specific circumstances expressly permitted by law or BeachFit in writing.
2.6 You may not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, App, Services or our servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.
3 Account Information
3.1 To access certain parts of the Site, App or Services, you will be required to sign-up for an account with BeachFit (“Account”) and select a user name (“User Name”) and password (“Password”).
3.2 You are solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password. You agree not to:
3.2.1 share or permit others to use your Account or Password; or
3.2.2 assign or transfer your Account to any other person or entity.
3.3 You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account. BeachFit shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account. If you are aware of any actual or suspected unauthorised use(s) of your Account, or loss, theft, or unauthorised disclosure of your Password, please promptly notify us at: transform@BeachFit.com.sg
3.4 Each individual may only register one (1) Account.
3.5 Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information by clicking on the “My Account” icon in the top right corner after logging in.
3.6 Where an individual is associated with multiple Account(s) without our written authorisation, or fraudulent or wrongful use of an Account is detected or suspected, we reserve the right at our sole discretion and without liability, and without prejudice to our other rights and remedies under this Agreement or at law, to immediately:
3.6.1 cancel any programs reserved through such Account(s);
3.6.2 cancel or invalidate any credits, coupons or codes awarded to or used by such Account(s);
3.6.3 prohibit such Account(s) or persons from participating in any promotions, contests or surveys of BeachFit; and/or
3.6.4 merge, suspend and/or terminate Account(s).
4 Membership, Payment, Billing and Other Fees
Members receive nutrition and training programs per membership cycle (“Eligible Program Services”). Members cannot transfer or gift programs or information to third parties, including other BeachFit members. BeachFit reserves the right to increase from time to time in its sole discretion the number of Eligible Program Services a member can take in a given cycle (such as pursuant to certain promotions that we may offer from time to time).
4.2 Membership Cycle
Your BeachFit membership starts on the date that you sign up for a subscription and submit payment via a valid Payment Method. Each BeachFit cycle is 60 days in length. Membership and all its inclusions is renewable in advance, with 14 days prior notice to email@example.com.
4.3.1 All payments and renewals must be made through Connexionsasia Pte. Limited and in accordance with their terms.
4.4.1 No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
4.4.2 Cancellation. You may terminate your monthly subscription at any time by logging into your BeachFit account online and contacting your coach, or by emailing us at transform@BeachFit.com.sg . However, your first month cannot be cancelled and is non-refundable.
5 Promotions, Voucher Codes and Other Privileges and Programmes
5.2 Promotions, contests, privileges and programmes are only valid for the time period specified by BeachFit.
5.3 The following terms shall apply to the use of credits, vouchers, coupons and codes (“Voucher Codes”):
5.3.1 Each Voucher Code is only eligible for a single use and is only valid for the time period specified by BeachFit.
5.3.2 The Voucher Codes may only be redeemed by purchasing certain products from BeachFit during the applicable validity period.
5.3.3 Use of any Voucher Code must be indicated at the time of checkout, and all information required by BeachFit must be provided. No retroactive use of the Voucher Code is permitted.
5.3.4 Voucher Codes cannot be used in conjunction with any other promotion, voucher, coupon, code or offer, including but not limited to discounted sale items, unless otherwise stated.
5.3.5 A minimum spend may be required before use of the Voucher Code is permitted.
5.3.6 Voucher Codes cannot be refunded, redeemed or exchanged for cash.
5.3.7 Resale, transfer and sharing of Voucher Codes are strictly prohibited. In spite of the above, gift vouchers, if offered by BeachFit, may be purchased by you and given to others.
5.3.8 No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Voucher Codes is allowed.
5.3.9 Voucher Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.
5.3.10 BeachFit reserves the right to verify the validity of any Voucher Code and to declare null and void, any Voucher Code which in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.
5.3.11 BeachFit reserves the right to vary or impose such other terms and conditions as we deem appropriate from time to time by posting the varied terms and conditions on the Site or through the App.
5.4 Where any free gift is offered as part of a promotion, the free gift is offered on a “first come first serve” basis and while stocks last basis. No cash will be offered in lieu of the gift.
5.5 Where you are permitted to return any product to BeachFit for a refund and such product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such product. Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount applied to the returned product on a pro-rata basis. Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift related.
5.6 BeachFit’s decision on all matters relating to promotions, discounts, Voucher Codes and other privileges is final and binding.
5.7 BeachFit reserves the right to discontinue any promotion, discount, Voucher Code programme, contest, privileges or programme at any time without notice or liability.
6 Prohibited Conduct
6.1 By using the BeachFit App, you promise not to:
6.1.1 Harass, threaten, or defraud App users;
6.1.2 Make unsolicited offers, advertisements, proposals, or send junk mail to users;
6.1.3 Impersonate another person or access another user’s account without that person’s permission;
6.1.4 Share BeachFit-issued passwords with any third party or encourage any other user to do so;
6.1.5 Permit third parties to use any program provided under your own membership, including other members;
6.1.6 Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
6.1.7 Upload material (e.g. virus) that is damaging to computer systems or data of BeachFit or users of the Site;
6.1.8 Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or
6.1.9 Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.
7 Intellectual Property
7.1 The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, the Site, the App and all Content shall vest in and remain with BeachFit and its licensors.
7.2 The trademarks, logos and service marks (“Marks”) displayed on this Site or App are the property of BeachFit and other third parties, and all rights to the Marks are expressly reserved by BeachFit and relevant third parties. You are not permitted to use the name of BeachFit or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of BeachFit or such third party.
7.3 The domain name on which the Site is hosted on is the sole property of BeachFit and you may not use or otherwise adopt a similar name for your own use.
8 Comments, Feedback and Other Information
8.1 You may provide or submit comments, feedback, suggestions and other content or information (collectively, “Comments”) so long as the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful in nature, and does not consist of or contain software viruses, solicitation or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment. BeachFit reserves the right (but not the obligation) to review, remove or edit such content.
8.2 You hereby grant BeachFit a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable licence to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any Comments that you provide or publish through or in relation to the Site or App, for any purpose as BeachFit may require at its sole discretion. You further agree that BeachFit may use and publish your name and images in connection with such Comments.
9 Disclaimers & Limitations
9.1 Fitness training, nutrition plans and any other services offered via the site and App are offered and provided by BeachFit. You agree that the use of any such services is solely at your own risk. In no event shall BeachFit be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with a user’s articipation in a service or appointment made through the site, or the performance or non-performance of any provider in connection with the services. In addition, all users specifically understand and agree that any third party directing users to the site by referral, link or any other means is not liable to the user for any reason whatsoever, including but not limited to damages or loss associated with the use of the services, the site or any content on the site. BeachFit is neither an agent of nor is connected with any provider with which a user has made a reservation, other than as the providers of the services provided on the site. Without limiting anything herein, BeachFit disclaims all warranties, whether statutory, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, related to any services offered via the site.
9.2 While we make every effort to ensure that the Site, App, Services and all Content is accurate and complete, we provide the Site, App, Services and Content on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, BeachFit, its suppliers and partners disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, BeachFit does not warrant that the functions contained in or access to the Site, App, Services, Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, App, Services, or Content are free of viruses or other harmful components, or that the download, installation or use of the App or any Content in or with any device will not affect the functionality or performance of the device. BeachFit, its suppliers and partners does not warrant or make any representations regarding the use or the results of the use of the Content, the Services, the Site or the App in terms of their correctness, accuracy, completeness, reliability, or otherwise.
9.3 You agree that:
9.3.1 BeachFit shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site, App or Services without assigning any reason; and
9.3.2 access to or the operation of the Site, the App and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,
and in any such event, BeachFit shall not be liable for any loss, liability or damage which may be incurred as a result.
9.4 In no event shall BeachFit be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Services, the Site, the App, Content or any other website or device. In the event that BeachFit is liable for damages despite the foregoing provision, you agree that BeachFit’ aggregate liability to you for any and all causes of action in relation to:
9.4.2 in all other cases (including any use of the Site, App or Services), shall not exceed S$1.
9.5 In no event shall BeachFit be liable for any indirect, special, consequential, or incidental damages that result from the Services, Site, App or Content, or your use of, or the inability to use, the Services, Site, App, Content or any other website or device, even if BeachFit or a BeachFit authorised representative has been advised of, or should have foreseen, the possibility of such damages.
9.6 You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by BeachFit at either reasonable costs or no costs to you.
10 Linked Sites
10.1 BeachFit may provide links, plug-ins, widgets or other connections to other sites (“Linked Sites”) that may be of relevance and interest to users. BeachFit has no control over, and is not responsible for the content on or obtained through the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability, accuracy or reliability of any of the Linked Sites. You hereby agree to assume all risk arising from the use of the Linked Sites and hereby irrevocably waive any claim against us with respect to the Linked Sites. BeachFit does not endorse, recommend or guarantee any of the Linked Sites, and BeachFit expressly disclaims all liabilities and responsibilities arising in relation to any Linked Sites.
11 Security & Privacy
12 Suspension & Termination
12.1 You agree that BeachFit has the right in its sole and absolute discretion and without notice or liability to:
12.1.1 restrict, suspend, or terminate your access to all or any part of the Site, App or Services; and/or
12.1.2 terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account,
without assigning any reason.
13 Notification of Infringement
13.1 BeachFit reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Site, App, Services or Content (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, App or Services, please notify BeachFit in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
13.2 All Infringement Notices shall be sent to BeachFit addressed as follows:
BeachFit (Revolution Fitness Pte Ltd)
62 Bayshore Road
Email address: firstname.lastname@example.org
Attn: BeachFit Executive Team
13.3 BeachFit will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against BeachFit in respect of any Infringing Material, unless you have first given BeachFit the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter BeachFit refuses or fails to remove the Infringing Material within a reasonable time. Where BeachFit removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against BeachFit under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by BeachFit.
13.4 You acknowledge and agree that BeachFit has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through Linked Sites or other third party sites.
14 Jurisdictional Issues
14.1 The Site, App and Services are meant for use by residents of Singapore only. BeachFit makes no representation that the Services and Contents of the Site or App are appropriate or available for use in your location. Those who choose to access this Site or App from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
15.1 You agree to indemnify and hold BeachFit, and its officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
15.1.1 any use of the Site, App or any Service;
15.1.2 your connection to the Site or App;
15.1.4 your violation of any rights of another person or entity; or
15.1.5 your breach of any statutory requirement, duty or law.
17 Relationship of Parties
18.1 No waiver of any rights or remedies by BeachFit shall be effective unless made in writing and signed by an authorised representative of BeachFit.
19 Force Majeure
20 Governing Law & Jurisdiction
20.2 You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.