TERMS OF SERVICE - ATHLETIX LIFE
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES, SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS AND OBLIGATIONS WITH RESPECT TO THE SERVICES. BY CLICKING THE “SIGN UP” BUTTON DURING THE REGISTRATION PROCESS, YOU ACKNOWLEDGE THAT YOU ARE CREATING AN ELECTRONIC SIGNATURE WITH THE SAME BINDING EFFECT AS IF YOU HAD PHYSICALLY SIGNED YOUR NAME.
1.1. These Terms of Service set out the terms and conditions by which Athletix Life Pte. Ltd. (“ATHLETIX“, “we“, “us“, or “our“) offer:
(a) our services made available to you through our mobile or web application, predominantly relating to services which allow our users to manage their sports events, games, meet-ups, and registrations to such events (“Platform”), including the software made available to you through the download or use of such application (“Software”);
(b) our websites or webpages relating to the Platform or our services, (each, a “Site”); and
(c) any of our other apps, websites, or services that link to this Terms of Service, regardless of how you access or use them, including through mobile devices,
(collectively, the “Services”).
1.2. The Services also include any services made available through our Platform or the Site. All information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including without limitation any mobile application services) or other materials made available by or through us in connection with the Services (“Content”). Any updates, upgrades and new features added to or augmenting the Services are also subject to these Terms of Service. Not all Services or Content are available in all jurisdictions.
1.3. Please read these Terms of Service carefully before using the Services or opening an account with us (“Account”) so that you as the User are aware of your legal rights and obligations with respect to us and the Services. A User refers to an individual who registers for an Account with us or who otherwise accesses or uses the Services (individually, “User”, “you”, or “your”).
1.4. BY USING OUR SERVICES OR OPENING AN ACCOUNT, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS OF SERVICE, AND THAT YOU ARE 18 YEARS OLD OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE OUR SERVICES.
1.5. IF YOU ARE YOUNGER THAN 18 YEARS OLD OR THE RELEVANT “AGE OF MAJORITY” WHERE YOU LIVE, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE “AGE OF MAJORITY” WHERE YOU LIVE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THESE TERMS OF SERVICE ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR SERVICES, INCLUDING PURCHASES OR OTHER TRANSACTIONS MADE BY THE MINOR IN CONNECTION WITH THE SERVICES, REGARDLESS WHETHER THE MINOR’S ACCOUNT HAS BEEN OPENED OR WILL BE CREATED LATER AND WHETHER OR NOT THE MINOR IS SUPERVISED BY YOU DURING SUCH PURCHASE OR OTHER USE OF THE ACCOUNT OR OUR SERVICES. FOR PARENTS, WE ALSO ENCOURAGE YOU TO SUPERVISE YOUR CHILD’S ONLINE ACTIVITIES, REVIEW THE CONTENT THEY ARE ACCESSING, AND, AS APPROPRIATE, MONITOR THEIR SOCIAL INTERACTIONS.
1.6. ATHLETIX reserves the right to revise these Terms of Service at any time or upon notice to its Users, subject to applicable law. We will periodically update you of any revisions to these Terms of Service including by posting such revised Terms of Service here. We encourage you to check this page regularly to make note of any changes. To the fullest extent authorised by law, your continued access to or use of the Services shall be deemed irrevocable acceptance of those revisions.
1.7. We reserve the right to change, modify, suspend, or discontinue any portion of the Services at any time. We may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire, Services in our sole discretion and without notice or liability.
1.8. We reserve the right to refuse to provide you access to the Services or to allow you to open an Account for any reason.
3. RIGHTS TO THE PLATFORM, SERVICES
3.1. We grant you a revocable, non-exclusive, non-transferable, limited right and licence to install and/or use the Platform and our Services, subject to the terms and conditions of these Terms of Service and the End-User License Agreement made available with the Platform, and you acknowledge and agree that your use of our Services is for personal use only.
3.2. You acknowledge and agree that all title, ownership rights and intellectual property rights connected with the Services (including but not limited to any derivative works, titles, computer code, objects, themes, characters, character names, stories, dialogues, catchphrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated in the Services, and any related documentation) are the property of ATHLETIX, and where applicable, are the property of the respective third-party proprietors identified in the Services.
3.3. By using or accessing the Services you agree to comply with the intellectual property laws and all other applicable laws that protect the Services and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the Services on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
3.4. You are welcome to place a link which directs users to our Services from your website, provided that your website does not imply any endorsement by or association with ATHLETIX. You acknowledge that ATHLETIX may, in its sole discretion and at any time, discontinue providing any part of the Services without notice.
3.5. For the avoidance of doubt, you are not authorised to imply any endorsement by or association with ATHLETIX, or use any other aspects of ATHLETIX’s intangible assets, such as trade marks or copyright in any advertising, publicity or in any of our other materials, without the prior written consent of ATHLETIX, and ATHLETIX’s consent may be withheld for any or no reason.
4.1. The licence for use of the Services is effective until terminated as set forth in these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In such event, no notice shall be required by ATHLETIX to effectuate such termination.
4.2. Through our Services, Users can create, post, and manage online or in-person sports events, and stay connected to other Users. ATHLETIX may not be the creator or organizer of the events listed on the Services and may not necessarily be the seller of tickets, registrations, or any merchandise which Users may come across on our Services.
4.3. You agree, at all times, NOT to:
i. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, harassing, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
ii. harm minors or make available Content that is harmful to children or minors in any way;
iii. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
iv. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
v. forge headers or otherwise manipulate identifiers in order to disguise or mislead as to the origin of any Content or communications transmitted through the Services;
vi. remove any proprietary notices from the Services;
vii. cause, permit or authorise the modification, creation of derivative works, or translation of the Services without the express permission of ATHLETIX;
viii. use the Services for any commercial purpose or the benefit of any third party or any manner not permitted by the licences granted herein;
ix. use the Services for fraudulent or unlawful purposes, including for any purposes relating or encouraging money laundering, counter-terrorism, or unlawful gambling, scams, illegal moneylending, drug offences, sexual exploitation activities, transmission of obscene materials, violence or disobedience to rules and regulations, disharmony amongst different races, religion, or classes of population, or otherwise inconsistent with, or contrary to, applicable law, rule, code, directive, guideline, policy and/or regulation;
x. attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof) or any network connected with the Services, or to attempt to breach, defeat or overcome any authentication measures, encryption technology or security measures implemented by ATHLETIX with respect to the Services, any network connected to or associated with the Services, and/or any data transmitted, processed or stored by ATHLETIX;
xi. upload, post, email, transmit or otherwise make available any Content containing any software viruses or any other computer code, file, or program designed to interrupt, destroy, alter and/or limit the functionality of the Services and/or any computer resource belonging to ATHLETIX or its Users;
xii. upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
xiii. upload, post, email, transmit or otherwise make available any Content that threatens the unity, integrity, defence, security or sovereignty of the nation or jurisdiction from which you are accessing or using the services, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to other nations;
xiv. attempt to solicit, harvest or collect any information about or regarding other Users or Account holders, including without limitation any personal data, account information, passwords or other information;
xv. attempt to gain or gain unauthorised access to any portion or feature of the Services including any other User’s Account;
xvi. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
xvii. upload, post, email, transmit or otherwise make available any Content that violates the rights, including but not limited to rights to any patent, trade mark, copyright, intellectual property, intangible assets, or other propriety rights, of any party;
xviii. upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;
xix. use any modified, hacked, or other unauthorised version of the Services, including to cheat, gain unfair advantage relative to other Users, or for any other purpose;
xx. disrupt the normal flow of dialogue, such as causing a screen to “scroll” faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
xxi. interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User’s use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
xxii. take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
xxiii. make, enable, cause, or permit any transactions (including payments or financial transactions) that you are not authorised to make;
xxiv. create, access, or use multiple Accounts with respect to any single Platform or Service to accrue more benefit than you are entitled to;
xxv. use the Services to violate the privacy of others or to “stalk”, dox, or otherwise harass another;
xxvii. use, or attempt to use the Services to collect, use, store, or disclose data, including data about other Users, in connection with any prohibited conduct and activities set forth above.
(The “Prohibited Activities”.)
4.4. You understand that the accuracy, integrity, or quality or legality of all Content, whether publicly posted by a User or privately transmitted by a User, is the sole responsibility of the person from whom such Content has been made available in our Services. This means that you, and not ATHLETIX, are entirely responsible for all Content that you create, upload, post, email, transmit, communicate, or otherwise make available through the Services. ATHLETIX does not control the Content posted through the Services and, as such, does not guarantee the accuracy, integrity, or quality or legality of such Content. You understand that by using the Services, you may be exposed to Content that you may consider to be offensive, indecent, or objectionable. If you believe that any Content violates these Terms of Service, please notify us immediately at the email address found at the bottom of this Terms of Service. We will make reasonable endeavours to remove objectionable Content complained about within a reasonable time in accordance with applicable law. However, under no circumstances will ATHLETIX be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available through the Services.
4.5. You acknowledge that ATHLETIX may or may not pre-screen Content made available or communicated by Users, but that ATHLETIX and its designees shall have the right (but not the obligation) in their sole discretion to review, pre-screen, refuse, delete and/or remove any Account or Content that is available through the Services for any reason. Without limiting the foregoing, ATHLETIX and its designees shall have the right to remove any Account or Content that violates these Terms of Service, if we receive a complaint from another User, or if we receive a notice of intellectual property infringement or other legal instruction for removal (including but not limited to any notice, instruction or order by any regulatory or governmental body, or a court of competent jurisdiction to remove, suspend, freeze or delete any Account or Content), or if we believe in good faith that such Account or Content is otherwise objectionable or in violation of applicable law. We may also block or block delivery of a communication (including without limitation status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge and agree that you have not, and to the maximum extent permitted by applicable law, may not rely on any Content created by ATHLETIX or submitted to ATHLETIX, including without limitation information created by Users in any part of the Services.
4.6. In the event your Account is deleted or deactivated because of a violation of these Terms of Service, your access to your Account shall be revoked and no refund or payment will be made by us to you in connection with our Services to the fullest extent permitted by law.
4.7. You acknowledge, consent and agree that ATHLETIX may access, preserve, and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over ATHLETIX or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of ATHLETIX, its Users, and/or the public.
5. SOFTWARE UPDATES AND PATCHES
5.1. We may provide updates, patches and other modifications to the Services that must be installed for you to continue to use our Platform properly or at all. We may update, patch, or modify the Software remotely and access the Software residing on your machine or device for such purpose, and you hereby grant to ATHLETIX the right to deploy and apply such patches, updates, and modifications. All provisions of these Terms of Service that refer to “Software” shall also include all such patches, updates, and modifications.
5.2. You must always use the latest version of the Software that includes all updates and/or patches provided by us, and, to the fullest extent authorised by law, ATHLETIX will not be responsible for any loss or damage arising pursuant to your failure to use the latest version or your use of any outdated version of the Software.
6. ACCOUNTS AND SECURITY
6.1. Some functions of our Services require registration for an Account by using certain information (such as your email address) as a unique user identification (“User ID”), and password, and by providing certain personal information. If you select a User ID that ATHLETIX, in its sole discretion, finds offensive or inappropriate, ATHLETIX has the right to suspend or terminate your Account.
6.2. Your Account is non-transferrable and is only for your personal use. You may not authorise any third parties to access or use your Account for any purpose whatsoever or try to transfer the Account to any third party in any manner.
6.3. You may be able to use your Account to gain access to other products, websites, or services, including those offered by third parties, to which we have enabled access or with which we have, contracted, tied up or collaborated. ATHLETIX has not reviewed, and assumes no responsibility for any third-party content, functionality, security, services, privacy policies, or other practices of those products, websites, or services. If you do so, the terms of service for those products, websites, or services, as well as their respective privacy policies or any other contracts may also apply to govern your use of those products, websites, or services.
6.4. You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your Account at the end of each session, (c) immediately notify ATHLETIX of any unauthorised use of your User ID and/or password or any other breach of security or non-compliance with these Terms of Service or applicable laws, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. ATHLETIX will not be liable for any loss or damage arising from unauthorised use of your User ID, password, or Account or your failure to comply with this section.
6.5. You agree that ATHLETIX may for any reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate your Account and your User ID, and remove or discard from the Services any Content associated with your Account and User ID. Grounds for such termination may include, but are not limited to, (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service or our End-user License Agreement, (c) violation of any applicable law, (d) fraudulent, harassing, defamatory, threatening or abusive behaviour or (e) behaviour that is harmful to other Users, third parties, or the business interests or reputation of ATHLETIX or that may otherwise subject ATHLETIX to legal or regulatory action. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening, or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim (under any cause of action whatsoever) either against ATHLETIX, or which in any way involves ATHLETIX, then ATHLETIX may terminate your Account.
6.6. If your Account is or remains inactive (which means you have not logged into or used your Account) for more than 24 months, ATHLETIX has the right to delete or deactivate your Account and no refunds or payment will be made by us to you in connection with our Services to the fullest extent authorised by law.
6.7. You may only use the Services and/or open an Account if your applicable jurisdiction allows you to accept these Terms of Service.
7. MEMBERSHIP SUBSCRIPTIONS, CHARGES AND PAYMENT
7.1. In certain jurisdictions and subject to applicable law, we may offer membership subscription plans in our Platform (“Subscriptions”). Subscriptions may be weekly, monthly or such other recurring period as determined by us and notified in our Platform (“Subscription Period”).
7.2. Subscriptions may be purchased by paying the fee specified in our Platform (“Subscription Fee”) and are subject to our policies including without limitation this Terms of Service, and any other additional terms and conditions published within our Platform.
7.3. Subscriptions will be automatically renewed for further Subscription Periods, and you will be charged the Subscription Fee, at the end of each Subscription Period until cancelled by you before the renewal date. As we will not notify you prior to such renewal, you are advised to monitor your Subscriptions.
7.4. You may cancel your Subscription at any time through Google Play or, the Apple App Store, or other app store through which you have enabled your Subscription (as the case may be) in accordance with the applicable terms of service. Upon cancellation, your Subscription shall not be renewed and shall expire on the last day of the Subscription Period. In the event your Subscription has been cancelled, or the Subscription Fee or any part of it is refunded, we reserve the right to pro-rate or deduct or remove any virtual currency or virtual items or benefits previously granted by us under your Subscription prior to your cancellation taking effect.
7.5. Once your Subscription Period ends, the benefits provided to you in connection with the Platform and under the Subscriptions will be removed, and your access to our Services will be restricted to limited features as solely determined by us.
7.6. We may allow you to subscribe for more than one Subscription at a time. Subscriptions may have limited availability. Once Subscriptions are fully subscribed, they may no longer be made available for purchase. We reserve the right to make changes to our Subscriptions at any time.
7.7. You are offered the option to purchase products and/or services when using our Platform and/or Site. However, we will not be making any transactions on our Platform, and transactions relating to any products and/or services purchased arising from your use of our Services will be effectuated by our vendors.
7.8. The prices of products and/or services listed on our Platform and/or Site are subject to the availability of the respective products and/or services, and may change with little or short notice. You agree that you will not hold ATHLETIX liable for any perceived losses or damages arising from the change in the availability and/or prices of products and/or services listed on our Platform and/or Site.
8. DISCLAIMER OF WARRANTIES
8.1. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY ATHLETIX OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, ATHLETIX DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SERVICES AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS, OR COMPONENTS.
8.2. YOU AGREE AND ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8.3. WE HAVE NO CONTROL OVER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF CONTENT MADE AVAILABLE VIA THE SERVICES BY OTHER USERS; OR (B) THE ABILITY OF OTHER USERS TO ENGAGE IN ANY ACTIVITIES OR TRANSACTIONS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE AMONGST THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE ATHLETIX AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
8.4. ATHLETIX shall not be held liable for any loss or damage or failure to comply with or delay in complying with our obligations under these Terms of Service which is caused directly or indirectly by any event or circumstances beyond our reasonable control including due to system failure, network issues, technical snags or loss of data due to any of the preceding reasons, act of God, floods, epidemics, pandemics, quarantine, riot, or war.
9. EXCLUSIONS AND LIMITATION OF LIABILITY
9.1. IN NO EVENT SHALL ATHLETIX BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR LOSS OF USE, PROFITS, REVENUES, GOODWILL OR ANTICIPATED SAVINGS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF ATHLETIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2. YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
9.3. IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, ATHLETIX IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), ITS LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO US (IF ANY) DURING THE 12-MONTH PERIOD PRECEDING THE DATE OF THE FIRST CLAIM MADE BY YOU UNDER THIS AGREEMENT AND IF NO AMOUNT WAS PAID BY YOU TO US, ONE HUNDRED SINGAPORE DOLLARS (S$100.00), UNLESS OTHERWISE MANDATORILY REQUIRED BY APPLICABLE LAW.
10. LINKS TO THIRD PARTY SITES
10.1. Certain links provided through the Services may result in you leaving the Site or Platform. These links are provided as a courtesy only, and the sites they link to are not under the control of ATHLETIX in any manner whatsoever and you therefore access them at your own risk.
10.2. ATHLETIX is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. ATHLETIX is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement, or sponsorship by ATHLETIX of any linked site and/or any of its content therein. We are not liable for any loss or harm that occurs to you because of such sites.
11. YOUR CONTRIBUTIONS TO THE SERVICES
11.1. By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary permissions to grant the licence below to ATHLETIX. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contributed by you. You hereby grant ATHLETIX and its successors an irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including without limitation, for promoting and redistributing part of the Services (and its derivative works) and for any other commercial or business purposes. You understand that your contributions may be transmitted over various networks and changed to conform and adapt to technical requirements.
12. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
12.1. Each contributor of data, text, images, sounds, video, software, and other Content to us is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with the Content they contributed. As such, ATHLETIX is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold ATHLETIX responsible for any User’s actions or inactions, including, without limitation, things they post or otherwise make available via our Services.
12.2. In addition, the Services may contain links to third party text and video feeds (and podcasts) (collectively, “third party feeds”), products, websites, services and offers, or links to download third-party software applications (e.g. links posted by Users). Third parties may also make available, on their own websites, third party feeds, and software applications. These third-party links, third party feeds, products, websites, services, and software applications are not owned or controlled by ATHLETIX. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. ATHLETIX has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that ATHLETIX shall not be liable in any manner due to your use of, or inability to use, any third-party feed, website, or widget. You further acknowledge and agree that ATHLETIX may disable your use of, or remove, any third-party links, third-party feeds, or applications on the Services to the extent they violate these Terms of Service.
13. YOUR REPRESENTATIONS AND WARRANTIES
13.1. You represent and warrant that:
(a) you possess the legal capacity (and in the case of usage of the Services by a minor, that you are the parent or legal guardian and have given valid consent), and the right and ability to enter into these Terms of Service and to comply with its terms;
(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations;
(c) when you create and use an Account with ATHLETIX, you may be required to provide ATHLETIX (or a payment operator appointed by ATHLETIX including those on the Site) information relating to your chosen method of payment. In providing the requested information such as credit or debit card numbers, credit or debit card expiry dates, and/or any other account data associated with that payment, you authorise ATHLETIX to charge your credit card or debit card or account in order to process your payment;
(d) you are the authorised user of any data, passcode, and information used in connection with the Account; and
(e) you will only use the Services on a machine or device on which such use is authorised by the machine’s or device’s owner.
14.1. You acknowledge and agree to indemnify, defend and hold harmless ATHLETIX, and its shareholders, subsidiaries, affiliates, partners, suppliers, agents, licensors, co-branders, and each of their respective officers, directors, agents and employees (collectively, the “Indemnified Parties”), at your expense, from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees for lawyers and other professional advisors and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to (a) the hosting, operation, management and/or administration of the Services by or on behalf of ATHLETIX, (b) your violation or breach of any term of these Terms of Service, the End-user License Agreement, or any policy or guidelines referenced herein, (c) your access, use, or misuse of the Services, (d) your breach of any law or regulation or rights of a third party, or (e) the removal of your Account or any Content that you upload, post, email, transmit or otherwise make available through the Services in accordance with these Terms of Service.
15.1. If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
16. GOVERNING LAW & DISPUTE RESOLUTION
16.1. These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed.
16.2. Disputes can be expensive and time consuming for both you and ATHLETIX. In an effort to accelerate dispute resolution and minimise the cost of any dispute, controversy, claim, or difference of any kind related to these Terms of Service against or relating to ATHLETIX, the Services, or any Indemnified Party under these Terms of Service (“Claim”), you and ATHLETIX agree to first attempt to informally negotiate any Claim for at least thirty (30) days (or such other period as you and ATHLETIX may agree in writing), counting from the date on which a written notice has been sent to or by you about the Claim (“Negotiation”), and keeping all correspondence and information exchange relating to the Negotiation confidential.
16.3. If you and ATHLETIX (each, a “Party”) are unable to resolve the Claim after the Negotiation, the Claim shall be referred to mediation in Singapore administered by the Singapore Mediation Centre (“SMC”) in accordance with the mediation rules of the SMC for the time being in force, in accordance with the following terms:
(a) any Party may submit a request to mediate to the SMC upon which the other Party will be bound to participate in the mediation within 45 days thereof;
(b) each Party to the mediation must, in the case of an individual, appear in a personal capacity or, in the case of a body corporate, be represented by senior executive personnel with authority to negotiate and settle the Claim;
(c) each Party shall engage in the mediation process in good faith and no Party shall withdraw from the mediation within the 30-day period from the commencement of the mediation process (or such other period as the Parties may agree in writing);
(d) unless otherwise agreed in writing by the Parties, the mediator(s) will be appointed by the SMC;
(e) the mediation shall be conducted in accordance with the mediation rules of the SMC for the time being in force to the extent that such procedure is not inconsistent with any provision of this Agreement); and
(f) the mediation will take place in Singapore in the English language and the Parties agree to be bound by any settlement agreement reached during the mediation.
16.4. Only if the Parties are not able to resolve the Claim through mediation within 30 days of the commencement of the mediation (or such other period as the Parties may agree in writing), the Claim shall then be referred to and finally resolved by the courts of Singapore and the Parties submit to the exclusive jurisdiction of the courts of Singapore in respect of any proceedings relating to any such Claim. You and ATHLETIX agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, unless both you and ATHLETIX agree otherwise.
17. GENERAL PROVISIONS
17.1. ATHLETIX reserves all rights not expressly granted herein.
17.2. ATHLETIX may modify these Terms of Service at any time by posting the revised Terms of Service on the Site. Your continued access to or use of the Services after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
17.3. You may not assign, sub-license, or transfer any rights granted to you hereunder or subcontract any of your obligations. Any attempts or acts in contravention of this provision shall be null and void and be of no force or effect.
17.4. Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and ATHLETIX, nor does it authorise you to incur any costs or liabilities on ATHLETIX’s behalf.
17.5. The failure of ATHLETIX at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
17.6. These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for ATHLETIX’s affiliates and subsidiaries (and each of ATHLETIX’s and its affiliates’ and subsidiaries’ respective successors and assignees).
17.7. The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights, and remedies which but for this Clause might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained, or supplemented by evidence of any prior agreement, any contemporaneous oral agreement, or any consistent additional terms.
17.8. You agree to comply with all applicable laws, statutes, regulations and codes including without limitation those relating to anti-bribery and corruption (e.g. the UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act) and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
17.9. If you believe a User of our Services is violating these Terms of Service, please contact us at the email address found below, or through any other functions we may make available as part of our Services.
17.10. If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service, please contact us at [email protected].
ACCEPTANCE OF TERMS:
I HAVE THOROUGHLY REVIEWED THIS AGREEMENT AND I ACCEPT ALL THE TERMS OUTLINED ABOVE, AS WELL AS ANY FUTURE MODIFICATIONS. BY CLICKING THE “SIGN UP” BUTTON DURING THE REGISTRATION PROCESS, I ACKNOWLEDGE THAT I AM CREATING AN ELECTRONIC SIGNATURE WITH THE SAME BINDING EFFECT AS IF I HAD PHYSICALLY SIGNED MY NAME.
Last modified: 2 October 2023