By your access of the Website and/or use of the Services, you are deemed to have understood and agreed to these Website Terms. If you do not accept these Website Terms, please leave the Website and discontinue your use of the Services immediately.
TripleFit may from time to time change these Website Terms by posting the amended Website Terms at the Website. By accessing and using the Website or using any of the Services after the amendment of these Website Terms, you are accepting that you are bound by the (then) current Website Terms. If you do not agree to the amended Website Terms, you have the right to close your Account and/or cease using the Services. Please check these Website regularly to ensure that you are aware of all terms governing your use of the Website and/or the Services.
If you have any questions or concerns about these Website Terms or any issues raised in these Website Terms or on the Website, please contact us at contact [at] triple.fit
1. USE OF THE WEBSITE
1.1. You hereby represent and warrant that:
- 1.1.2. You are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Website Terms and you are accessing the Website, using the Services and either contracting in your own personal capacity or contracting on behalf of a corporate entity;
- 1.1.3. You are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Website Terms; and
- 1.1.4. all of the information provided by you to Triple Fit (including without limitation personal particulars and contact information) is accurate and complete.
1.2. Triple Fit reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Website at any time. Triple Fit may also impose limits on certain features or restrict your access to the Services or the Website (or part thereof) without notice or liability.
2.1. In this Agreement, unless otherwise required, the following terms have the following meanings:
- 2.1.2. “Computer” means your computer, notebook computer, mobile phone or other electronic device used to access the Website or the Services;
- 2.1.3. “Content” means materials, information, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, %li comments, suggestions, ideas and other content;
- 2.1.4. “Member” means a registered member of the Website;
- 2.1.5. “Personal Data” means, data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is %li likely to have access;
- 2.1.6. “Triple Fit Content’ means all Content of Triple Fit that is made available on or via the Website;
- 2.1.7. “Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Website and/or the Services;
- 2.1.8. “Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you;
- 2.1.9. “User Content” means all Content on the Website which is created, transmitted, posted or uploaded by a user of the Website;
- 2.1.10. “Website” means the Triple Fit website containing the link to these terms and conditions; and
- 2.1.11. “Website User Terms” means the terms and conditions applicable to Members from time to time.
3. WEBSITE AND SERVICES
3.1. The Website is owned and maintained by Triple Fit.
3.2. Triple Fit may offer one or more of the following services on or through the Website (each a "Service" and collectively, the "Services"):
- 3.2.1. access to a collection of information, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts, software applications and other types of works;
- 3.2.2. access to an online booking engine;
- 3.2.3. access to a web-based client management software;
- 3.2.4. any other features, content or applications that Triple Fit may offer on or through the Website from time to time in its sole and absolute discretion.
3.3. You acknowledge and agree that to access and use certain Services, you will be required to register as a Member and additionally shall be bound to strictly comply with the Website User Terms in addition to these Website Terms.
4. CONTENT USE CONDITIONS
4.1. You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
- 4.1.1. any Service;
- 4.1.2. the Website;
- 4.1.3. any Triple Fit Content except, to the extent permitted, with the prior written consent of Triple Fit or unless expressly permitted in these Website Terms; or
- 4.1.4. any Third Party User Content except, to the extent permitted, with the prior written consent of Triple Fit and the owner or licensee of the specific User Content.
4.2. Without prejudice to the generality of Clause 4.i, you agree not to reproduce, display or otherwise provide access to the Services, Triple Fit Content, or Third Party User Content on another website or server, 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 Triple Fit.
4.3. You may, for your personal, non-commercial use:
- 4.3.1. retrieve and display Triple Fit Content on any compatible device owned by you; and
- 4.3.2. store such Triple Fit Content in electronic form on disk or on a mobile device owned by you (but not on any server or any other storage device connected to a network).
4.4. All Triple Fit Content are the copyrighted work of Triple Fit or its content or software providers, and Triple Fit reserves and retains all rights in the Triple Fit Content. Use of some Triple Fit Content may be governed by the terms of an accompanying end-user license agreement.
4.5. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Triple Fit Content available on the Website or through a Service except under the specific circumstances expressly permitted by law or Triple Fit in writing.
5. INTELLECTUAL PROPERTY
5.1. The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, the Website, and all Triple Fit Content, including without limitation %li the copyright in the compilation of all User Content, shall vest in and remain with Triple Fit.
5.2. The trademarks, logos and service marks ("Marks") displayed on the Website are the property of Triple Fit or other third parties, and all rights to the Marks are expressly reserved by Triple Fit or the relevant third parties. You are not permitted to use any Marks without the prior written consent of Triple Fit or such third party (as the case may be). Triple Fit's name may not be used in any way without Triple Fit's prior written permission.
5.3. The domain name on which the Website is hosted on is the sole property of Triple Fit and you may not use or otherwise adopt a similar name for your own use.
6. ONLINE CONDUCT
You hereby undertake:
6.1. to comply these Website Terms, and such other notices or guidelines that may be posted on the Website by Triple Fit from time to time (which are hereby incorporated by reference into these Website Terms);
6.2. not to use any Service or Triple Fit Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;
6.3. not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Website, Services or Servers, which shall include but is not %li limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
6.4. not to use the Account of another Member at any time, whether with or without his/her permission.
7. DISCLAIMERS AND LIMITATIONS
7.1. While we make every effort to ensure that all Triple Fit Content displayed on the Website is accurate and complete, we provide the Triple Fit Content for informative purposes and on an 'as is' and 'as available' basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Triple Fit 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, Triple Fit does not warrant that the functions contained in or access to the Website, Services, Triple Fit Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Website, Services, Triple Fit Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Triple Fit Content in or with any Computer will not affect the functionality or performance of the Computer. Triple Fit does not warrant or make any representations regarding the use or the results of the use of the Triple Fit Content, the Services, the Website or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not Triple Fit) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold Triple Fit liable for the loss of any of your User Content that is due to any circumstances beyond the control of Triple Fit.
7.2. You agree that:
- 7.2.1. Triple Fit 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 Website or Services without assigning any reason; and
- 7.2.2. access to or the operation of the Website, Servers, 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,
- 7.2.3. and in any such event, Triple Fit shall not be liable for any loss, liability or damage which may be incurred as a result.
7.3. In no event shall Triple Fit 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 Triple Fit Content, User Content, Services, any Computers, the Website, or any other website. In the event that Triple Fit is liable for damages despite the foregoing provision, you agree that Triple Fit's aggregate liability to you for any and all causes of action in relation to the Triple Fit Content, Services, Website, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to Triple Fit for the 1-year period immediately preceding the time such liability arose.
7.4. Under no circumstances, including, but not limited to, negligence, shall Triple Fit be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the Triple Fit Content, Services, Website, or any other website, even if Triple Fit or a Triple Fit authorised representative has been advised of, or should have foreseen, the possibility of such damages.
7.5. To the maximum extent permitted by applicable law, Triple Fit disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.
7.6. You agree that the above exclusions and limitations of liability enable the Services and the Triple Fit Content to be provided by Triple Fit at either reasonable costs or no costs to you.
8. LINKED SITES
TripleFit may provide links to other sites ("Linked Sites") that may be of relevance and interest to users. TripleFit has no control over, and is not responsible for the content on 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 of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.
You agree that TripleFit has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Website or Services, without assigning any reason.
11. GOVERNING LAW AND JURISDICTION
These Website Terms and all matters relating to your access to, or use of, the Website and the Services shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.