THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION PROVISION THAT REQUIRES INDIVIDUAL ARBITRATION AND YOU ARE NOT ALLOWED TO BRING YOUR CLAIMS IN COURT, OTHER THAN ON INDIVIDUAL BASIS IN SMALL CLAIMS COURT. PLEASE SEE THE SECTION, “DISPUTE RESOLUTION”.
Welcome to the web site of PHYSIQUE 900 (“Physique 900” or “we” or “us”). Physique 900 is pleased to make the web site located at (the “Site”) available for your use and benefit. By using the Site you agree to be bound by the Terms of Use set forth below. Use of the Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off from the Site and not use the Site.
These Terms of Use apply to your access to and use of the Site and do not alter in any way the terms and conditions of any other agreement you may have with Physique 900, unless otherwise directed by Physique 900. If you breach any of these terms and conditions, your authorization to use the Site automatically terminates, and you must immediately discontinue use of the Site.
Any information collected at the Site is governed by our Privacy Policy unless otherwise stated. To access and use certain services available through the Site, you may be required to register with Physique 900 through a login/registration page, and you must agree to be bound by any additional applicable terms and conditions contained there.
All content, software, and technology included on the Site or used in the operation of the Site is the owned or licensed property of Physique 900 or its content, software, and technology suppliers and is protected by copyright. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Physique 900 and protected by copyright. Physique 900 grants you permission to view and use content, software, and technology made available to you on the Site in connection with your own personal, non-commercial use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content, software, and technology on the Site is strictly prohibited.
The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Site are registered and unregistered Trademarks of Physique 900 and others. Nothing on the Site shall be construed as granting any license or right to use any Trademark displayed on the Site without the prior written permission of the Trademark owner. Other product and company names mentioned on the Site may be the Trademarks of their respective owners.
All other intellectual property rights related to the content, software, and technology included on the Site or used in the operation of the Site, including, without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights, are the owned or licensed property of Physique 900. Any use of these rights without the prior written permission of Physique 900 is strictly prohibited.
nformation on the Site may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. Physique 900 reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change, or update information at any time without prior notice. If Physique 900 discovers price errors, they will be corrected on Physique 900’s systems, and the corrected price will apply to your order.
THE SITE AND ALL CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ANYTIME FITNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. ANYTIME FITNESS MAKES NO REPRESENTATION THAT THE SITES OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. PHYSIQUE 900 MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF SINGAPORE. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK.
IN NO EVENT SHALL EITHER PHYSIQUE 900 OR ITS AFFILIATES, FRANCHISEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SERVICES AVAILABLE THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Under no circumstances whatsoever shall Physique 900’s aggregate liability resulting from or relating to your use of the Site exceed Ten Dollars ($10.00).
As a visitor or user of the Site, you shall not:
• violate any applicable law or regulation;
• upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
• Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
• impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
• engage in any activities or manipulate identifying material to misrepresent the origin of content;
• Post any content that is subject to any disclosure restrictions;
• Post any materials, items, information, or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
• Post any unsolicited or unauthorized advertising or promotional materials, including, without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
• Post any material that contains software viruses or any other corrupt computer code, files, or programs that impair the use of any computer software or hardware or telecommunications equipment;
• interfere with or otherwise limit the use of the Site by other users; or collect, compile, or store personal information about other users of the Site;
• disrupt or interfere with the operation of the Site by overloading or exceeding the capacity of the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;
• disrupt or interfere with the security of, or otherwise cause harm to, the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;
• use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Sites or the content contained therein without Physique 900’s prior, express, and written permission; or
• use the Site for commercial purposes.
You agree that you are solely responsible for the Post of any content that you make available on or send through the Site (“User Content”). In addition to the rights granted to Physique 900 elsewhere in these Terms of Use, you hereby grant Physique 900 the irrevocable right to copy and use User Content in connection with the Site and for the purposes related to your Post of the User Content. Although Physique 900 has no obligation to screen, edit, or monitor any of the User Content or user conduct on the Site, Physique 900 reserves the right, and has absolute discretion, to remove, screen, or edit any User Content and to monitor any user conduct on the Site at any time and for any reason without notice. Your User Content may be available on the Site for a limited period of time, as determined by Physique 900 in its sole discretion. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
By the Post of User Content to the Site, you represent and warrant that (a) the User Content is non-confidential is not subject to disclosure restrictions under any applicable data privacy laws or regulations; (b) you have all necessary rights to Post the User Content to the Sites and to grant the rights to Physique 900 you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with the Sites, does not and will not violate these Terms of Use or any applicable local, state, national, or international statute, regulation, or law.
You agree to indemnify, defend, and hold Physique 900 and its successors and assigns harmless from and against and in respect of any and all third-party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that Physique 900 incurs or suffers, which relate to your use of the Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.
The Site may contain links to other web sites. Additionally, other web sites may contain links to the Site. Physique 900 does not review or monitor the web sites linked to the Site, and Physique 900 is not responsible for the content or policies of any other web sites. Any link established by Physique 900 does not constitute an endorsement of the other web sites or create a relationship between Physique 900 and the operators of other web sites. Physique 900 disclaims any liability with respect to your use of any other web site, and you release Physique 900 from any liability related to your use of any link to another web site or your use of any other web site. Where the Site contains a link to another web site owned and/or operated by Physique 900, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.
Physique 900 may revise these Terms of Use at any time without notice. Any use of the Site following the date on which changes to these Terms of Use or the Privacy Policy are published on the Site shall constitute your acceptance of all such changes. You expressly agree that Physique 900 shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.
If you are a registered user of any of the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Physique 900 reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.
These Terms of Use do not apply to your use of and purchase of products or services from the retail web site (the “Physique 900 Retail Site”). Use of and/or purchases from the Physique 900 Retail Site are subject to different terms and conditions. Physique 900 disclaims any liability with respect to your use of the Physique 900 Retail Site, and you release Physique 900 from any liability related to your use of the Physique 900 Retail Site. Physique 900 encourages you to review the return policy and other information on the Physique 900 Retail Site prior to making a purchase or using that site.
You authorize Physique 900 and any payment processing service provider it may engage to charge your credit card or to debit or process payment through any other offered means for any products or services you purchase through your use of the Site. You represent and warrant that you are the only one who will make payments in connection with the Site, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to Physique 900 are non-refundable.
THIS SECTION OF THESE TERMS OF USE APPLY ONLY IF YOU ARE AN PHYSIQUE 900® CLUB OWNER, EMPLOYEE, OUTSIDE TRAINER OR OTHER CONTRACTOR WHO IS ALSO GIVEN ACCESS TO THE DATA OF OTHER USERS. You may use your ability to access data applicable to other persons (“Member Data”) and use the Member Data that is disclosed to you, solely for the purposes of providing assistance to the other person in that person’s use of the Site or PHYSICAL900® Club facilities or services. You must take all reasonable measures to prevent Member Data from being exposed or disclosed to others. You may not disclose any Member Data to any other person without the prior consent of Physique 900. You acknowledge that in the event any Member Data in your possession or control is exposed or disclosed without authority, whether by your fault or not, Physique 900 may be required to give notice of such exposure to the affected members and to law enforcement authorities. You will be deemed responsible for any losses suffered by Physique 900 or by a member which are caused by your negligent, intentional, or malicious acts regarding violation of your obligations in this paragraph.
English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation.
Any failure by Physique 900 to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.
If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.
Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements, and you agree not to access the Site in any such jurisdiction.
You are responsible for compliance with applicable laws.
Any and all questions, comments, suggestions, and similar materials or information that you send or submit to Physique 900 or a Third-Party provider on the Site, by a Post or otherwise (collectively, “Submissions”), will become Physique 900’s property; and you hereby transfer, sell, and assign to Physique 900 all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Physique 900 has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Physique 900 will be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
Any dispute, controversy, or claim arising out of or relating to your relationship with Physique 900, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal claims (collectively, “Claims”), shall be resolved by binding arbitration. The sole exception is that you and we retain the right to pursue claims by submitting to the jurisdiction of the Courts of Singapore. Aside from this sole exception, all other Claims must be resolved by binding arbitration pursuant to the terms set forth below:
Any dispute arising out of or in connection with this contract, including any questions regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference to this Section. The language of the arbitration shall be in English.
For questions or comments related to the Sites or these Terms of Use, please email us at Enquiries@physique900.com.
Singapore’s First Luxury
Private Fitness Club
83 Keong Saik Road #03-01 Singapore 089168
Tel : +65 83891900
Email : enquiries@physique900.com
© 2023 Physique 900 Pte Ltd. All Right Reserved.
