Terms Of Service
Fitterlab Pte. Ltd. provides a fitness application and related products, services, content and features through Fitterlab websites and fitness applications through mobile, desktop or device applications (including iOS and Android applications (“Apps”) and Fitterlab-controlled social media pages (including on Facebook, Instagram, Spotify and Twitter). To make these Terms easier to read, the Fitterlab websites and Apps, along with the Fitterlab-controlled social media pages are collectively called the “Fitterlab Service” or “the Services”. By registering as a member or by visiting, browsing, or using the Fitterlab 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 Fitterlab.
If you do not wish to be bound by these Terms, you may not access or use the Fitterlab Service. Certain elements of the Fitterlab Service may be subject to additional Terms and conditions specified from time to time; your use of those elements of the Fitterlab Service is subject to those additional terms and conditions which are incorporated into these Terms by this reference.
1. Who May Use the Fitterlab 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 and use the Fitterlab Service. Minors that can safely fit the dimensions of the Fitterlab Bike may use the bike provided that their parent/guardian is on site at all times. We may, in our sole discretion, refuse to offer the Fitterlab 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 Fitterlab Service is revoked where these Terms or use of the Fitterlab Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the Fitterlab 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 Fitterlab Service License.
Subject to your compliance with these Terms, Fitterlab grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Fitterlab Service for your own personal, non-commercial purposes. This license includes the right to view Content (defined below) available on the Fitterlab 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 Fitterlab, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Fitterlab Service, nor will you take any measures to interfere with or damage the Fitterlab Service. All rights no expressly granted by Fitterlab 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. Membership requirements registration
To enjoy full access to the Fitterlab Service, you must register as a member of the Fitterlab Service. Your membership is governed by the Membership Terms. Profile information and Picture. You may not use someone else’s name, or any name, location, other public profile information or image that violates and third party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in Fitterlab’s sole discretion). Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Fitterlab Service. If you become aware of unauthorized access to your account, change your password and notify our Support team immediately.
5. Sale of Products
Fitterlab accepts orders for the Fitterlab bike through the Fitterlab 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 Fitterlab Site to your email address after your payment has been processed. Please see our Warranty and Return Policy for further information about Fitterlab products.
6. Term and Termination; Account deletion Term.
These Terms begin on the date you first use the Fitterlab Service and continue as long as you have an account with us and/or continue to use the Fitterlab Service.
Termination. Fitterlab may, in Fitterlab’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if Fitterlab determines that you have violated these Terms or that your conduct or User Content would tend to damage Fitterlab’s reputation or goodwill. If Fitterlab deletes your account, you may not re-register for or use the Fitterlab Service under any other name or profile. Fitterlab may block your access to the Fitterlab Service to prevent re-registration.
Effect of Termination/Account Deletion. Upon termination of these Terms all licenses granted by Fitterlab will terminate. The follow sections survive Termination: Privacy, User Content, Indemnification, No Warranties, Limitation of Liability, Safety Warnings, Intellectual Property, Arbitration and Class Action Waiver, Governing Law and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and Fitterlab is not responsible for the deletion or loss of such User Content.
7. User Content
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Fitterlab Service; and (ii) “User Content” means any content that users (including you) provide to be made available through the Fitterlab Service. Content includes, without limitation, User Content.
Any 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 submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Fitterlab Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the Fitterlab Service.
As between you and Fitterlab, you represent that you own (or have all rights necessary to grant Fitterlab the rights below to) all User Content that you submit to the Fitterlab Service, and that Fitterlab will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant Fitterlab a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the Fitterlab Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Fitterlab or through the Fitterlab Service or you otherwise provide feedback or testimonials, you hereby grant to Fitterlab a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback and testimonials for any purpose, without any notice, compensation or other obligation to you.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Fitterlab Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
8. Rights and Terms for Apps
a) Rights in App Granted. Subject to your compliance with these Terms, Fitterlab grants to you a limited non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Fitterlab reserves all rights in and to the App not expressly granted to you under these Terms.
(b) Accessing App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
- These Terms are between you and Fitterlab, and not with the App Provider, and Fitterlab (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Fitterlab.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Fitterlab will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
- You represent and warrant that you are not subject to or affected in any way by any national security or terrorism rules whether applicable to you personally or to you location or other circumstances.
- You must also comply with all applicable third party terms of service when using the App.
9. General Prohibitions and Fitterlab’s Enforcement Rights
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person, animal or entity; (vii) exploits minors or (viii) promotes illegal or harmful activities or substances;
- Use, display, mirror or frame the Fitterlab Service or any individual element within the Fitterlab Service, Fitterlab’s name, any Fitterlab trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Fitterlab’s express written consent;
- Access, tamper with, or use non-public areas of the Fitterlab Service, Fitterlab’s computer systems, or the technical delivery systems of Fitterlab’s providers;
- Attempt to probe, scan or test the vulnerability of any Fitterlab system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Fitterlab or any of Fitterlab’s providers or any other third party (including another user) to protect the Fitterlab Service or Content.
- Attempt to access, scrape or search the Fitterlab Service or Content or download Content from the Fitterlab 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 Fitterlab 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 Fitterlab trademark, logo URL or product name without Fitterlab’s express written consent;
- Use the Fitterlab 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 Fitterlab;
- 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 Fitterlab 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 Fitterlab 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 Fitterlab Service;
- Collect or store any personally identifiable information from the Fitterlab Service from other users of the Fitterlab Service without their express permission;
- Copy, use, disclose or distribute any information obtained from the Fitterlab Service, whether directly or through third parties (such as search engines), without Fitterlab’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 Fitterlab Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Fitterlab 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 Fitterlab Service and Fitterlab’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 Fitterlab Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
10. Member Interactions, Dealings with Third Parties
When interacting with other Fitterlab members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the Fitterlab Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Fitterlab is not responsible or liable for any loss, damage, injury or other matters of any sort incurred as the result of such dealings.
You agree to indemnify, defend, and hold harmless Fitterlab 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 Fitterlab Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of these Terms.
12. Third Party Links and Content
There may be links on the Fitterlab Service that let you leave the particular Fitterlab Service you are accessing in order to access a linked site that is operated by a third party. Fitterlab neither controls nor endorses these sites, nor has Fitterlab reviewed or approved the content that appears on them. Fitterlab 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 Fitterlab 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.
13. No Warranties
Fitterlab reserves the right to modify the Fitterlab Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Fitterlab 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 Fitterlab Service. Fitterlab has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Fitterlab Service is suitable for all users or that it will continue to be available for any length of time.
Fitterlab provides the Fitterlab Service on as “As Is” and “As Available” basis. You therefore use the Fitterlab Service at your own risk. Other than as expressly provided in writing by Fitterlab in connection with your purchase of a Fitterlab product, to the extent permitted by law, Fitterlab 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, Fitterlab makes no representations or warranties:
- That the Fitterlab Service is or will be permitted in your jurisdiction;
- That the Fitterlab Service will be uninterrupted or error-free;
- Concerning any Content, including User Content;
- Concerning any third party’s user of User Content that you submit;
- That the Fitterlab Service will meet your personal or professional needs;
- That Fitterlab will continue to support any particular feature of the Fitterlab Service.
- Concerning sites and resources outside of the Fitterlab Service, even if linked to from the Fitterlab 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 FITTERLAB SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
14. Limitation of Liability
To the fullest extent permitted by law: (i) Fitterlab 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 Fitterlab 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) Fitterlab’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Fitterlab 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 Fitterlab’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 Fitterlab and you.
15. Safety Warnings
The Fitterlab 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 Fitterlab Site or heard on the Fitterlab Service. The use of information provided through the Fitterlab Service is solely at your own risk and is not medical or healthcare advice.
Nothing stated or posted on the Fitterlab Site or available through any Fitterlab 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 Fitterlab Service is continually under development and, to the full extent permitted by law, Fitterlab 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 Fitterlab Service will always include the most recent findings or developments with respect to the particular material.
In becoming a user of Fitterlab with the intent of using the Fitterlab 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 heart condition or that you should only do physical activities recommended by a physician or general practitioner; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition; (vii) 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; and (viii) you do not know of any other reason you should not exercise; or (B) your physician or general practitioner has been specifically consulted by you and approved of your use of the Fitterlab Service.
If applicable, your further affirm that (a) you are not pregnant, breastfeeding or lactating; unless (b) your physician or general practitioner has been specifically consulted and approved your use of the Fitterlab Service.
Fitterlab reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
16. Intellectual property
Your acknowledge that the Fitterlab 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 Fitterlab-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 Fitterlab, Fitterlab owns a copyright in the selection, coordination, arrangement and enhancement of all content in the Fitterlab 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 Fitterlab Service, Fitterlab hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the content made available on the Fitterlab Service for your personal, non-commercial use of the Fitterlab 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 Fitterlab Service, including use of any such content on any other website or networked computer environment, is strictly prohibited.
The Fitterlab name, logos and affiliated properties, designs and marks are the exclusive property of Fitterlab 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 Fitterlab 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 Fitterlab 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 Fitterlab Service. All rights not expressly granted in these Terms are reserved.
17. Copyright Policy
Fitterlab respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party copyright or other intellectual property rights.
If properly notified that any materials infringe a third party’s copyright, Fitterlab will promptly remove such materials from the Fitterlab Site. In addition, Fitterlab may, when appropriate, terminate the accounts of repeat copyright infringers.
For copyright holders, if you believe that you work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
- Your name, address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where on the Fitterlab Site that the material that you claim is infringing may be found, sufficient for Fitterlab to locate the material (e.g., the URL).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.
- Your electronic or physical signature.
You may submit this information via email with the subject line “Copyright Notices” to firstname.lastname@example.org.
18. Arbitration clause and class action waiver
- Mandatory arbitration of disputes. We agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Fitterlab agree that the Singapore Arbitration Act governs the interpretation and enforcement of these Terms and that you and Fitterlab are each waiving the right to a trial by jury or to participate in a class action. The arbitration provision shall survive termination of these Terms.
- Exceptions and Opt-out. As limited exceptions to Section 18(a) and above: (i) you may seek to resolve a Dispute in a small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, In addition, you will retain the right to opt out of arbitration entirely and litigate any dispute if you provide us with written notice of your desire to do so by regular mail sent to the attention of Fitterlab’s Legal Department at the Company address within thirty (30) days following the date you first agree to these Terms.
- Conducting arbitration and arbitration rules. The arbitration will be conducted in accordance with Singapore Arbitration Law.
- Severability. If an arbitrator or court of competent jurisdiction devices that any part of these Terms in invalid or unenforceable, the other parts of these Terms will still apply.
19. Contracting entities, governing law and jurisdiction
The exclusive jurisdiction for all Disputes will be Singapore, and you consent to the jurisdiction of Singapore Courts.
20. 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 Fitterlab 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 Fitterlab. Fitterlab’s rights and remedies hereunder are cumulative and not exclusive.
21. 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 Fitterlab’s prior written consent. Fitterlab 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 Fitterlab electronically. For support-related inquiries, you may email email@example.com.
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 Fitterlab Terms of Service page) on the Fitterlab Site and/or through the Fitterlab Service. Modifications will be effective on the date that they are posted to the Fitterlab Site. It’s important that you review the Terms whenever we update them before you use the Fitterlab Service. If you continue to use the Fitterlab 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 Fitterlab Service anymore. Because the Fitterlab Service is evolving over time we may change or discontinue all or any part of the Fitterlab Service, at any time and without notice, at our sole discretion.
24. 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 Fitterlab Site from time to time:
- Return Policy
In the event of a conflict between any policies posted on the Fitterlab Service and these Terms, these Terms will control. These Terms represent the entire understanding between Fitterlab and you regarding the Fitterlab 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.
25. 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.