Fitfit Health Terms of Service
Last updated: January 7, 2019
Fitfit Health Pte. Ltd. provides products, services, content and features through Fitfit Health websites and applications through mobile, desktop or device applications (including iOS and Android applications (“Apps”) and Fitfit Health-controlled social media pages (including on Facebook, Instagram, Spotify and Twitter). To make these Terms easier to read, the Fitfit Health websites and Apps, along with the Fitfit Health-controlled social media pages are collectively called the “Fitfit Health Service” or “the Services”. By registering as a member or by visiting, browsing, or using the Fitfit Health Service in any way, you (as a “user”) accept and agree to be bound by these Terms of Service (“Terms”), which forms a binding agreement between you and Fitfit Health.
If you do not wish to be bound by these Terms, you may not access or use the Fitfit Health Service. Certain elements of the Fitfit Health Service may be subject to additional Terms and conditions specified from time to time; your use of those elements of the Fitfit Health Service is subject to those additional terms and conditions which are incorporated into these Terms by this reference.
1. Who May Use the Fitfit Health Service
Age requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to register with or use the Fitfit Health Service. Minors that can safely use Fitfit Health products may use the products provided that their parent/guardian is on site at all times.
We may, in our sole discretion, refuse to offer the Fitfit Health Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the Fitfit Health Service is revoked where these Terms or use of the Fitfit Health Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the Fitfit Health Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.
2. License to Use the Fitfit Health Service
License. Subject to your compliance with these Terms, Fitfit Health grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Fitfit Health Service for your own personal, non-commercial purposes. This license includes the right to view Content (defined below) available on the Fitfit Health Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
Restrictions. Except as expressly permitted in writing by an authorized representative of Fitfit Health, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Fitfit Health Service, nor will you take any measures to interfere with or damage the Fitfit Health Service. All rights no expressly granted by Fitfit Health in these Terms are reserved.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information
4. Sale of Products
Fitfit Health will eventually accept orders for products through the Fitfit Health Site. Unfortunately, availability of the products cannot be guaranteed. Please note that product, service and other information provided is subject to corrections and changes without notice. Graphics and diagrams are for illustrative purposes only and may not accurately reflect actual product availability. Colors, styles and other variants depicted are for illustration only and are subject to change. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address that you provide. We reserve the right to cancel any order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for these products. We may send an acknowledgement of receipt of your order to the email address you provide and/or proof of purchase information through the Fitfit Health Site to your email address after your payment has been processed. Please see our Warranty and Return Policy for further information about Fitfit Health products.
5. Term and Termination
Term. These Terms begin on the date you first use the Fitfit Health Service and continue as long as you continue to use the Fitfit Health Service.
6. General Prohibitions and Fitfit Health’s Enforcement Rights
You agree not to do any of the following:
- Use, display, mirror or frame the Fitfit Health Service or any individual element within the Fitfit Health Service, Fitfit Health’s name, any Fitfit Health trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Fitfit Health’s express written consent;
- Access, tamper with, or use non-public areas of the Fitfit Health Service, Fitfit Health’s computer systems, or the technical delivery systems of Fitfit Health’s providers;
- Attempt to probe, scan or test the vulnerability of any Fitfit Health system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Fitfit Health or any of Fitfit Health’s providers or any other third party (including another user) to protect the Fitfit Health Service or Content.
- Attempt to access, scrape or search the Fitfit Health Service or Content or download Content from the Fitfit Health Service, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by Fitfit Health or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Fitfit Health trademark, logo URL or product name without Fitfit Health’s express written consent;
- Use the Fitfit Health Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by Fitfit Health;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Fitfit Health Service or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Fitfit Health Service or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Fitfit Health Service;
- Collect or store any personally identifiable information from the Fitfit Health Service from other users of the Fitfit Health Service without their express permission;
- Copy, use, disclose or distribute any information obtained from the Fitfit Health Service, whether directly or through third parties (such as search engines), without Fitfit Health’s express written consent;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Fitfit Health Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Fitfit Health Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Fitfit Health Service and Fitfit Health’s systems. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Fitfit Health Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
You agree to indemnify, defend, and hold harmless Fitfit Health and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or related to (i) your activities on the Fitfit Health Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of these Terms.
8. Third Party Links and Content
There may be links on the Fitfit Health Service that let you leave the particular Fitfit Health Service you are accessing in order to access a linked site that is operated by a third party. Fitfit Health neither controls nor endorses these sites, nor has Fitfit Health reviewed or approved the content that appears on them. Fitfit Health is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You acknowledge and agree that Fitfit Health is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.
9. No Warranties
Fitfit Health reserves the right to modify the Fitfit Health Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Fitfit Health Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Fitfit Health Service. Fitfit Health has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Fitfit Health Service is suitable for all users or that it will continue to be available for any length of time.
Fitfit Health provides the Fitfit Health Service on as “As Is” and “As Available” basis. You therefore use the Fitfit Health Service at your own risk. Other than as expressly provided in writing by Fitfit Health in connection with your purchase of a Fitfit Health product, to the extent permitted by law, Fitfit Health expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, Fitfit Health makes no representations or warranties:
- That the Fitfit Health Service is or will be permitted in your jurisdiction;
- That the Fitfit Health Service will be uninterrupted or errorfree;
- Concerning any Content;
- That the Fitfit Health Service will meet your personal or professional needs;
- That Fitfit Health will continue to support any particular feature of the Fitfit Health Service.
- Concerning sites and resources outside of the Fitfit Health Service, even if linked to from the Fitfit Health Service.
To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE FITFIT HEALTH SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
10. Limitation of Liability
To the fullest extent permitted by law: (i) Fitfit Health shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the Fitfit Health Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and (ii) Fitfit Health’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Fitfit Health over the 12 months preceding the date your first claim(s) arose. If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of Fitfit Health’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Fitfit Health and you.
11. Safety Warnings
The Fitfit Health Service offers health and fitness information and is designed for educational and entertainment purposes only. You should consult your physician or general practitioner before beginning a new fitness program. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician, general practitioner or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on the Fitfit Health Site or heard on the Fitfit Health Service. The use of information provided through the Fitfit Health Service is solely at your own risk and is not medical or healthcare advice.
Nothing stated or posted on the Fitfit Health Site or available through any Fitfit Health Service is intended to be, and must not be taken to be, the practice of medical or counselling care. For purposes of these terms, the practice of medicine and counselling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice. The Fitfit Health Service is continually under development and, to the full extent permitted by law, Fitfit Health makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. In that regard, developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in the Fitfit Health Service will always include the most recent findings or developments with respect to the particular material.
In becoming a user of Fitfit Health with the intent of using the Fitfit Health Service, you affirm that either (A) all of the statements are true: (i) no physician or general practitioner has ever informed you that you have a health condition which prevents you from lifting heavy things; (ii) you do not know of any other reason you should not lift heavy things; (iii) no physician or general practitioner has ever informed you that you have a health condition which prevents you from standing up from time to time; (iv) you do not know of any other reason you should not stand up from time to time.
12. Intellectual property
Your acknowledge that the Fitfit Health Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing or hereafter developed. All Fitfit Health-generated content are copyrighted individually and/or as a collective work under the Singapore copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions; further, as between you and Fitfit Health, Fitfit Health owns a copyright in the selection, coordination, arrangement and enhancement of all content in the Fitfit Health Service, you may download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Fitfit Health Service, Fitfit Health hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the content made available on the Fitfit Health Service for your personal, non-commercial use of the Fitfit Health Service and for no other purpose whatsoever. Unless otherwise specified, copying or modifying any content or using content for any purpose other than your personal, non-commercial use of the Fitfit Health Service, including use of any such content on any other website or networked computer environment, is strictly prohibited.
The Fitfit Health name, logos and affiliated properties, designs and marks are the exclusive property of Fitfit Health Pte. Ltd., and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained in the Fitfit Health Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.
Any other trademarks appearing on the Fitfit Health Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the Fitfit Health Service. All rights not expressly granted in these Terms are reserved.
13. Contracting entities, governing law and jurisdiction
The exclusive jurisdiction for all Disputes will be Singapore, and you consent to the jurisdiction of Singapore Courts.
14. Interpretation; Severability; Waiver; Remedies
Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed rom these Terms. No failure or delay by Fitfit Health in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Fitfit Health. Fitfit Health’s rights and remedies hereunder are cumulative and not exclusive.
15. Successors; Assignment; No Third Party Beneficiaries
These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without Fitfit Health’s prior written consent. Fitfit Health may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.
You consent to receive all communications including notices, agreements, disclosures, or other information from Fitfit Health electronically. For support-related inquiries, you may email firstname.lastname@example.org.
We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of the Fitfit Health Terms of Service page) on the Fitfit Health Site and/or through the Fitfit Health Service. Modifications will be effective on the date that they are posted to the Fitfit Health Site. It’s important that you review the Terms whenever we update them before you use the Fitfit Health Service. If you continue to use the Fitfit Health Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Fitfit Health Service anymore. Because the Fitfit Health Service is evolving over time we may change or discontinue all or any part of the Fitfit Health Service, at any time and without notice, at our sole discretion.
18. Entire Agreement
These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the Fitfit Health Site from time to time:
- Return Policy
In the event of a conflict between any policies posted on the Fitfit Health Service and these Terms, these Terms will control. These Terms represent the entire understanding between Fitfit Health and you regarding the Fitfit Health Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
19. Force Majeure
Neither party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labour problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such delay or failure, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.