Terms Of Use

1.0 GENERAL POLICY 

At Active8me Pte. Ltd. (UEN No.: 201530491Z), we are devoted to providing an excellent service to you and hope you are inspired and equipped to be a fitter, healthier and even more extraordinary version of yourself. Active8me is an online platform and technology company that provides mobile fitness and health solutions to users.

Please read these Terms and Conditions of Use (collectively with Active8me’s Privacy Policy (http://www.active8me.com/privacy) the “Terms of Use”) fully and carefully before using the Active8me mobile applications, website (www.active8me.com) and the services, features, content, goods or applications (“Applications”) offered by Active8me Pte. Ltd. (together with the Applications and the website, the “Services”). These Terms of Use set forth the legally binding terms and conditions between Active8me Pte. Ltd. (UEN No.: 201530491Z) (including all its subsidiaries, related and/or associated companies) (these entities are collectively referred to as “Active8me”, “we”, “us” or “our”), the proprietor of all rights in and to the Service, and you, the user of the Service.

Definitions and variations 

  • Active8me reserves the right to vary these Terms of Use from time to time.
  • Unless stated otherwise, any variation, revision or update of this Terms of Use takes effect immediately. Your continued access and/or use of the Service after a revision or update to these Terms of Use constitutes your binding acceptance of the varied, revised or updated Terms of Use.
  • These Terms of Use supersede any prior agreements.
  • These Terms of Use apply to any and all Services provided or offered by Active8me
  • End User, you and your means a person or entity that will derive the benefit from the subscription to any of the Active8me Services.

1.1 Acceptance of Terms of Use

By registering for and/or using the Services in any manner, including but not limited to downloading the Applications or visiting or browsing the website, you agree to these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on the website or the mobile applications by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.

Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

These Terms of Use apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

By registering for and/or using the Services in any manner, you accept the terms and conditions of their use and agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. By registering for and/or using the Services in any manner, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian.

Upon registration as a member, you will be provided with a password and account. You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you. This includes any purchases made through your account. You agree to pay for our services in the manner specified on the Services.

If you, or a user on whose behalf you register (including a minor), breaches these terms and conditions, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Further you acknowledge that Active8me is entitled to suspend or terminate your use of the Services at any time if Active8me considers that you have brought, or may bring, the reputation of Active8me or its members into disrepute.

If you are registering on behalf of a minor, it is your responsibility to inform them of their obligations as a user of these Services and ensure compliance with these Terms of Use.

2.0 CONDITIONS OF USE OF SERVICES

2.1 Registration

To sign up for the Services, you must register for an account on the Services (an “Account”) through using your Facebook credentials or otherwise registering for the Services.  You must provide accurate and complete information and keep your Account information updated. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You shall not:

  • select or use as a username a name of another person with the intent to impersonate that person;
  • (use as a username a name subject to any rights of a person other than you without appropriate authorization; or
  • use, as a username, a name that is otherwise offensive, vulgar or obscene.

You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from relevant authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. Active8me reserves the right to refuse registration of, or cancel an Account in Active8me’s discretion. You shall have the ability to delete your Account through a request made to one of our employees or affiliates.

By accessing the Services using your Facebook credentials or any other third party services, you permit us to access certain information from your profile on Facebook or any other such third party services for use by the Services.  You may be able to control the amount of information that is accessible to us by adjusting your account privacy settings on Facebook or any other such third party services.  By using the Services, you are authorizing us to collect, store, retain, and use indefinitely, in accordance with our Privacy Policy (http://www.active8me.com/privacy ), any and all information that you permitted Facebook or any other such third party services to provide to us.

2.2 Seek advice from Medical Professional

The Services provide users with guidance and information on how to improve their fitness, health and nutrition, but THE SERVICES ARE NOT A MEDICAL ORGANIZATION, AND YOU SHOULD NOT RELY ON THIS GUIDANCE AND INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.  No information contained in the Services is intended to be used as medical advice and the Services are not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes.

Before relying on the information provided by the Services, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.

As with any physical activity, it is important that before beginning any fitness or nutritional program, you consult with your physician or health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you.

Our recommended workout and nutritional plans and programs, even if they are tailored to individual users, should not be misconstrued as medical advice, diagnoses or treatment.  IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A QUALIFIED MEDICAL OR HEALTH PROFESSIONAL THE USE OF ANY INFORMATION OR PROGRAMS PROVIDED ON THE SERVICES IS SOLELY AT YOUR OWN RISK.

Throughout the program, you should also immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.

2.3 Our Service

Our service shall be delivered as described from time to time on our Services. You acknowledge and understand that access to any specific trainer mentioned in the Services, in person, or on-line is not guaranteed.

2.4 Information Provided on our Services

All information provided by us on the Services is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Services may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of these Services or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on our Services.

The Active8me Support Team may receive requests from members about that member’s specific circumstances. Our Support Team may provide health, fitness or nutritional information for educational purposes. They do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation and may refer the member to certain third party resources. Any referrals to official bodies are not intended to be and should not be construed as an endorsement, promotion or recommendation by Active8me.

2.5 Nutritional Information

Nutritional information provided on the Services is taken from sources provided by third parties. Before relying on any nutritional information on the Services, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. Active8me nor any other provider of nutritional information on the Services gives any warranty that the information is free from error or suitable for your purposes.

There are limitations associated with food composition databases. Nutrient data published in a database such as NUTTAB 2010 or the Health Promotion Board’s Energy & Nutrition Composition of Food may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors, including changes in season, changes in formulation, processing practices and ingredient source.

2.6 Recommendations and test results on the Website

Certain parts of our website may provide recommendations and test results based on the input and data that you provide. These recommendations and test results generated by the Website are generic automated responses that are pre-programmed, and they do not take into account any other factors that may be relevant to you. They are provided for your general information purposes only, and are not medical or professional opinion or advice. You must not rely on these recommendations and test results, and you should seek professional advice from healthcare professionals. To the extent permitted by law, we are not liable or responsible for any recommendations and test results generated by use of the Services.

2.7 Location Based Services

Where the Services collect location-based information, the Services may do it on an anonymised basis for the improvement of our Services. You hereby consent to the Services’ use of anonymised location based services information collected from users. Where the location-based information is personally identifiable the Services will give you options to manage your disclosure of this information within the Services. Depending on the functionalities available on your mobile device, you may benefit from advanced options to manage the location-based information.

2.8 Fitness Level

The Services are intended for use only by individuals with a moderate level of fitness and who are healthy enough to follow and perform the exercise programs which can be strenuous.

Persons with pre-existing medical conditions, in poor health, women who are pregnant, women who are breastfeeding , persons with a low body mass index or persons with any concerns as to commencement of a new fitness regime should consult with an appropriate medical or healthcare professional before beginning any of these programs. The information offered in our Services may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. You are responsible to make your own inquiries and seek independent advice from a medical or healthcare professional before acting on any information or material made available to you through our Services.

In becoming a user of the Services, you affirm that a medical or health professional has specifically approved your use of the Services, OR that all of the following statements are true:

  • You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the Services for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.
  • no medical or health professional has ever informed you that you have a heart condition or that you should only do physical activities recommended by a qualified medical or health professional;
  • you have never felt chest pain when engaging in physical activity;
  • you have not experienced chest pain when not engaged in physical activity at any time within the past month;
  • you have never lost your balance because of dizziness and you have never lost consciousness;
  • you do not have a bone or joint problem that could be made worse by a change in your physical activity;
  • your medical or health professional is not currently prescribing drugs for your blood pressure or heart condition;
  • you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems;
  • you are not suffering from cancer or other long term illness;
  • you do not have liver disease, kidney disease, or renal failure,
  • you are not suffering from an eating disorders;
  • you do not know of any other reason you should not exercise.

If applicable, you further affirm that your medical or healthcare professional has specifically approved your use of the Services.

Further, even if you do not fall into the above classes of persons or have obtained approval from a qualified medical or healthcare professional, you acknowledge that the Services that we provide are an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program, nutritional plan or regime that we provide as part of the information service.

You should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. By accessing the Services, you acknowledge and agree that your performance of any and all exercises or activities recommended by the Services is wholly at your own risk. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime. Neither Active8me nor any of its trainers or staff will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended workout or nutrition plans or programs.

While we may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each exercise correctly and to consider consulting with a qualified coach, instructor, personal trainer, or physical therapist, especially if you are new to any of the forms of training or activity you seek to perform.

To the maximum extent permitted by law, we exclude all liability arising from or in connection with the use of our Service for:

  • death;
  • physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
  • the contraction, aggravation or acceleration of a disease; and
  • the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:

(a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the use of our Service.

2.9 Quality of the Services

We do not promise that the Services will be error-free or uninterrupted. The Services and its content are delivered on an “as-is” and “as-available” basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Facebook, Instagram or Twitter from us cannot be guaranteed. The delivery of video messages may be dependant upon third party providers and therefore outside of our control. Low internet connection speeds may result in an inability to view high resolution videos, but we will use our best endeavours to provide an alternative wherever possible.

You may be entitled to a refund in limited circumstances. See the clause (payment and refunds) below for further details.

2.10 Third-Party Content

We do not accept responsibility for any loss or damage, however caused (including through negligence of the third party), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third party users of the Services, other members, other contributors to the Services, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Services (including User Content of other users of the Services referred to below). Where the information made available over the Services contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Services to us at admin@active8me.com. We may investigate the claim and take appropriate action, in our sole discretion.

2.11 Non Active8me services

Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the Services, or its associated forums, without written consent from the Active8me. If in the opinion of the Active8me members or third parties are engaged in advertising, promotion or providing advice to other participants of the Services, then Active8me reserves the right to suspend or terminate the membership of any member participating in such conduct or to ban any third party from participating on the Services.

2.12 Security of Information

No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. You acknowledge that the Internet is an open system and Active8me cannot and does not warrant or guarantee that third parties cannot intercept your information. Accordingly, any information which you transmit to us is transmitted at your own risk.

Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

You agree that when subscribing you will select a secure password that complies with the Active8me password registration rules. You accept responsibility for maintaining confidentiality of any password and other access information used by yourself and your authorised users who have Access Authority.

2.13 Communications between you and Active8me

Active8me may contact you by web page, email, post, internet chat, phone text messaging (SMS) or telephone (or other means in the future as they are developed from time to time) to communicate important information regarding the use of the Service and related products and services such as but not limited to events, products, coaching, courses, and third party Add-ons (Add-ons means widgets, plug-ins, web applications, software, components, Integration, integrator, connector and/or any other technology that communicates, interacts or embeds Active8me or is embedded in Active8me).

2.14 Disclaimers and Limitation of liability

2.14.1 Disclaimer

To the extent permitted by law, and subject to anything herein to the contrary, in no event will we (or our employees, directors, partners, suppliers, content providers, officers, agents and subcontractors) be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services to you for

  • any direct, indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of profits, loss of data, cost of procurement or substitute goods or services, or loss of opportunity whether the losses be direct or indirect)
  • for any bugs, viruses, Trojan horses, or the like (regardless of the source or origination)

suffered or incurred by you and arising out of or in connection with your access to or use of the Services, any error in, or omission from, any information made available through the Service, any linked Services, your reliance on any information obtained through the Services, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.

2.14.2 Terms Implied by Law

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:

  • if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
  • if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.

2.14.3 Total Liability

To the extent permitted by law, our total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued.

The limitation of liability set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

2.14.4 Warranty Disclaimer

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding which users gain access to the Services,

Content you access via the Services, or how you may interpret or use the Content.

You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT:

  • THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
  • ANY DEFECTS OR ERRORS WILL BE CORRECTED;
  • ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
  • THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

3.0 INDEMNITY

You accept that use of the Services is at your risk. You accept that Active8me is not responsible for any adverse consequences arising out of the use of the Services.

You agree to indemnify, defend and hold harmless us and our employees, directors, suppliers, agents, representatives and subcontractors from and against any and all claims, losses, proceedings, damages, expenses, liability and costs (including reasonable solicitors fees) suffered or incurred by us, which arises as a result of your access and/or use of the Service, a breach or infringement of these terms by you, or any third party using your account or identity in the use of the Services,

You accept that these obligations survive termination of the Service.

You accept that we will not accept liability for failures in providing Services that are outside normal usage or reasonably foreseeable including force majeure, natural disasters, acts of God, war, terrorism, third party service (including telecommunications) disruption and civil disobedience.

4.0 INTELLECTUAL PROPERTY

Unless otherwise indicated and except for any functionalities provided by external Services, all proprietary and intellectual property rights  in this Services (including its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.

All names, logos and trademarks on the Services are the property of their respective owners. Nothing on the Services should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to and use the Services solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of these Services may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.

The following are examples of conduct that are not authorised by these terms:

  • sharing the content of these Services or your account with other persons;
  • publishing or posting any of the content (such as recipes or exercise programs) on any other Services, including on social media pages or websites;
  • using or displaying any Active8me logos, trademarks, product and services names or other Active8me material of any form (including any derivations) of our Services (for example the phrase “Active8me 8 Week Transformation Program” (or anything substantially identical or deceptively similar)), or Active8me employees or talents/personnel’s likeness … to describe, market, endorse or promote any goods or services (including goods and services such as meal plans and personal training services)
  • registering or maintaining any social media pages or Services that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us or Active8me employees or talents/personnel’s; and
  • systematic downloading or “scraping” of content of our Services.
  • You may not assign, sell, distribute, lease, rent, lend, sub-license, or transfer the whole or any part of the Service or this licence (subject to the prior written consent of Active8me).

We may, from time to time, monitor your use of the Services to determine if you are in breach of these terms. Such monitoring may include:

  • the frequency and nature of any downloads; and
  • the time of access and IP addresses used to access the Services.

We may suspend, limit or terminate your access to the Services (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.

5.0 USER-GENERATED CONTENT

Definition: For purposes of these Terms of Use, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).

User Content: All Content added, created, uploaded (including features such as live chat and forums), submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

Notices and Restrictions: The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

Use License: Subject to these Terms of Use, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable personal license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. As between you and Active8me, Active8me shall own all title, ownership rights, and intellectual property rights in and to the Services, and any copies or portions thereof.

License Grant: By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, adapt, truncate, aggregate, reproduce, distribute, transmit, publish and/or broadcast, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Applications, the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Applications, the website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Applications, website and/or the Services who has access to your User Content a non-exclusive, perpetual license to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services.  For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

By posting, submitting, updating, modifying, transmitting or otherwise making available any User Content on these Services:

  • you warrant that either you are the sole and exclusive owner of all user content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above;
  • you also warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User Content to the Services;
  • you must ensure, and warrant, that your User Content, and the licence that you grant to us under the paragraph titled “License Grant”, do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third party claims arising from your use of the Services in breach of this paragraph; and

Availability of Content: We do not guarantee that any Content will be made available on the Applications or the website or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove or block any Content from the Services.

Access Controls: The Services may include functionalities that allow you to control whether or not the public or other users of the Services are able to view your User Content (Access Controls). We will use our best endeavours to ensure that the Services properly implements the Access Controls that you select, but we do not warrant or guarantee that the implementation is error free. Because we are not able to guarantee that the implementation of the Access Controls is error free, you should take particular care before deciding whether to upload any User Content. In particular, you should be aware that, if your User Content is downloaded by any other person (including other users of the Services) (whether authorised or not), then neither Active8me nor you may be able to control the further disclosure and publication of that User Content. You acknowledge that, subject to us using reasonable endeavours to implement the Access Controls that you have selected, your User Content will be displayed on the Services, and other users may use, view, download and share publicly your User Content. We are not responsible for how other users will use your User Content. You should take care before posting anything sensitive or personal about yourself to any part of the Services that are accessible to the public or other users of the Services. If you discover any improper implementation of your selected Access Controls, please inform us immediately so that we can investigate and, where appropriate, correct the error. To the extent permitted by law, we are not liable to you for any loss or damage arising as a result of or in connection with any incorrect implementation of the Access Controls that you select (including any resulting disclosure of your User Content that you did not intend to disclose).

We have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason (or for no reason at all).

Notwithstanding our right to monitor, review and edit any User Content, we are not obliged to do so. We accept no responsibility or liability for any User Content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User Content.

You accept that by letting your subscription expire, requesting your subscription be closed or by failing to meet the Terms and Conditions of Service that we may delete all your User Content permanently in accordance with our Privacy Policy.

Some User Content may refer to events or activities that are organised by other users of the Services. We are not responsible for organising these events and activities, and do not authorise or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk.

If you believe that your rights have been infringed by any other User Content, or wish to report any User Content that does not comply with these terms, please contact our administrator at admin@active8me.com.

6.0 PERMITTED USE

We prohibit the use of these Services and any of its functionalities, features and content in any manner other than as expressly allowed by us in these terms. With respect to your use of or participation in any interactive facility on the Services, you acknowledge and agree that:

  • As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.
  • you are legally responsible for all User Content you submit;
  • under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
  • we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Services, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;
  • We grant you a non-transferable, non-exclusive and terminable right and licence to use the Services under these Terms of Use.
  • You agree that title and ownership of the Services and all our confidential information and trade secrets remain with us.
  • We may suspend or terminate your account and refuse use of Services if you provide any information (including a valid contact email address or phone number) that is false, misleading, inaccurate, not current or incomplete or if Active8me has reasonable grounds to believe that such information is false, misleading, inaccurate, not current or incomplete or if any terms in this agreement are breached.
  • We may suspend or terminate your account and refuse use of Services if you do not comply with our Terms of Use or if you are deemed to be abusive (including using language that is deemed to be abusive to staff, such deeming shall be at the sole discretion of Active8me).

Additionally you agree that you (or a third party that you permit) will not:

  • take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
  • take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
  • interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
  • bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
  • run any form of auto-responder or “spam” on the Services or take any action that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  • use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Applications or the Site;
  • harvest or scrape any Content from the Services;
  • directly or indirectly
    • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction,
    • modify, translate, or otherwise create derivative works of any part of the Services,
    • copy, rent, lease, distribute, use the Services for timesharing or service bureau purposes or otherwise transfer any of the rights that you receive hereunder, or
    • remove or obscure any proprietary notices on the Services. You shall abide by all applicable local, state, national and international laws and regulations
  • impersonate any person or entity;
  • post or transmit any illegal, unlawful, threatening, discriminatory, harassing, libelous, deceptive, abusive, defamatory, offensive, invasive of another’s privacy, otherwise harms a third party, racially or sexually vilifying, obscene, profane, vulgar, contains or depicts nudity, contains or depicts sexual activity or is pornographic or indecent material of any kind, or is otherwise inappropriate as determined by us in our sole discretion, (or encourage any other person to do so);
  • bypass (or attempt to bypass) any security mechanisms imposed by the Services;
  • post or transmit false, inaccurate or misleading material or make any form of misleading or deceptive representation;
  • knowingly post or transmit or permit the posting or transmission of any material/code/files/programs, which contains a computer virus or other harmful data, code or material and is designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
  • take any action that includes anyone’s identification documents or sensitive financial information.
  • exploit the Services for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests);
  • provide access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person; or
  • delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Services; and
  • not to copy (or allow a third party to copy), modify, create a derivative work, reverse engineer or reverse assemble, disassemble, or decompile Active8me software, or any other action to allow its whole or partial re-use by others.
  • Take any action that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty
  • Take any action in violation of our guidelines and policies.

You agree that at our request you will do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to

  • satisfy any applicable law, regulation, legal process or governmental request
  • enforce these Terms of Use, including investigation of potential violations hereof
  • detect, prevent, or otherwise address fraud, security or technical issues
  • respond to user support requests, or
  • protect the rights, property or safety of us, our users and the public.

7.0 THIRD PARTY SERVICES

The Services (or User Content) may reference or permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. The Services may also permit you to connect to third party hardware and equipment. When you access third party resources, you do so at your own risk. We have no control over these sites or the content within them. We cannot, and do not, guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. The inclusion of any such link or connection does not imply our endorsement or any association between us and their providers. We do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Services to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.

You acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites, resources, hardware or equipment. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website, resource or hardware or equipment.

8.0 PAYMENT, BILLING AND REFUNDS

Paid Services: Certain of our Services may be subject to payments now or in the future (the “Paid Services”).  Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.

Billing: We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Payment Method: The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.

Recurring Billing: Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE  YOU AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, go to admin@active8me.com.

Reaffirmation of Authorisation: Your non-termination or continued use of a Paid Service reaffirms that we are authorised to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

Free Trials and Other Promotions: Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at admin@active8me.com

Membership Request: Membership requests are subject to acceptance by us. Acceptance (or rejection) of a request will be notified to you as part of the registration procedure. Acceptance and continued access to our service is always subject to payment first being made by you. For the removal of doubt, by placing a membership request, you make an offer to purchase the relevant subscription that is the subject of your request. We reserve the right to terminate your access to our service if you are not up to date with any payment plan that may be offered. At the absolute discretion of Active8me full access will be restored upon receipt of all accumulated unpaid subscription fees.

Overdue Fees: If Active8me is required to collect overdue fees from you, you agree to pay all reasonable costs (including legal fees on a full indemnity basis), if any, incurred by Active8me in collecting those overdue fees from you, and to pay a late charge on any overdue fees at our bank’s business cheque account overdraft rates plus 2 percent.

Our subscription fee and other charges are GST inclusive. The receipt of payment that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to GST.

Refunds: All fees are non-refundable, unless:

  • following any cancellation of our Service, we decide to provide you with a refund, such grant of refund and the amount of refund shall be at our sole and absolute discretion. For the avoidance of doubt, you will continue to have access to the Service through the end of your current billing period.
  • during the period in which you have paid for access to our information service through our Services, the information service is not available for a period lasting more than 5 days. In this circumstance, a pro rata refund may be granted in our sole and absolute discretion upon written request by email at admin@active8me.com, however you acknowledge that we may refuse a request where we are able to provide the information service to you through alternative means (such as email, twitter etc); or
  • you provide credible evidence to us to prove that you have been wrongly billed or such other circumstances on a “case to case” basis as we may decide in our sole and absolute discretion..

To the extent permitted by law, you must bear any expenses that you may incur in connection with your request for such a refund. Upon receipt of a refund your agreement with us is at an end and we will cancel your account. You agree that this is your sole remedy in these circumstances.

9.0 VARIATION

Active8me reserves the right to vary these Terms of Use from time to time. Unless stated otherwise, any variation, revision or update of this Terms of Use takes effect immediately. Your continued access and/or use of the Service after a revision or update to these Terms of Use constitutes your binding acceptance of the varied, revised or updated Terms of Use.

If you do not agree with the changes, then prior to you accessing your account you may notify us by emailing admin@active8me.com and requesting a pro-rata refund. Where the proposed changes have more than a minor detrimental effect on your circumstances (in our reasonable opinion), we will refund a percentage of your subscription fee calculated by reference to the amount of time remaining on your subscription.

10.0 PERSONAL INFORMATION COLLECTION NOTICE

In registering for access or using our Services, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age, height and weight. If you do not provide all of the personal information that we request, then you may not be able to complete the registration process, or we may not be able to provide all or some our services to you.

In addition to any reasons that we may separately notify to you at the time of collection, we collect, use and disclose your personal information for the reasons set out in our Privacy Policy. We usually disclose personal information that we collect on a confidential basis to our contractors and service providers (including financial service providers) so that they can provide services to us (so that we may provide services to you). Unless you ask us not to, we may also use your personal information to send updated information and other promotional material to you.

While we store the majority of the personal information that we collect from you in Singapore, we may from time to time store some of the information in a computer server located elsewhere.

By registering for and/or using the Services in any manner, you consent to your personal information being collected, used and/or disclosed for any reasons given to you by us (at the time of collection) in relation to the use and disclosure of your personal information, including the reasons set out in our Privacy Policy. You also consent to us using and disclosing information about your age, name, height and weight for the purposes of displaying your User Content, publicly profiling your fitness on the Services, displaying the results of competitions, promoting the service and encouraging other members as well as to financial service providers to allow processing of your payments.

Our Privacy Policy can be viewed in full here at http://www.active8me.com/privacy. The Privacy Policy document contains information about how you may access personal information that we hold about you, and how you may complain about a breach of the privacy laws, and how we will deal with such a complaint.

11.0 PUBLICITY

End User grants Active8me the right to add End User’s name and company logo to its customer list, its marketing materials, the Active8me Services. Except for the foregoing, neither party may use the other party’s name or logo without the other party’s prior written consent.

You agree that we may use communications with you (feedback, praise, criticisms, quotes, correspondence, support conversations and any other interactions with you) in our content, provided we obtain your consent.

You agree this material we are permitted to use includes your Internet addresses (as email addresses and web addresses and any other forms including messaging) that you choose to supply us in any way as well as linking to those addresses such as your website from our website and reproducing carefully selected appropriate public material from your website including images, logos, trade or service marks, brands and the like from your website on our testimonials page and also in related places and materials both online and in other forms including directories that we publish.

12.0 SEVERANCE & TERMINATION

Active8me may in its sole and absolute discretion refuse registration, or suspend or terminate your access to all or any part of the Services at any time and for any reason, with or without cause, with or without notice, effectively immediately, which may result in the forfeiture and destruction of all information associated with your membership.

This termination may be subject to a valid pro-rata refund of fees at our sole discretion depending on the circumstances.

Upon termination, you agree that you shall no longer access (or attempt to access) the Services.

If you wish to terminate your Account, you may do so by contacting us at admin@active8me.com.  Any fees paid hereunder are non-refundable.

All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability. If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.

13.0 SURVIVAL

The terms underneath the following headings survive the termination and expiry of this agreement: “disclaimer”, “limitation of liability”, “indemnity”, “intellectual property” and “user-generated content”.

14.0 GOVERNING LAW

These terms are governed by the laws in force in Singapore. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction, and courts hearing appeals from those courts.

 

Copyright, last updated on 24th January, 2017
Active8me Pte Ltd (UEN No.: 201530491Z).
All rights reserved.

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