The website, platform and services
Fit Access PH is an online platform that provides its users access to plan and book a variety of fitness activities at participating establishments (collectively referred to as “Activities” and the parties providing such Activities are referred to as “Partners”) using a monthly subscription plan.
Fit Access PH is a company that provides the Platform and/or Service but not the Activities. The Service enables Fit Access members to reserve and join Activities offered by the Partners. It is up to the Partners to offer their Activities to Fit Access members and it is up to Fit Access members to accept such Activities. The Platform is provided by Fit Access to connect members with such Partners but it does not nor is it intended to provide any of the Activities or any act that can be construed in any way as an act of providing the Activities. Fit Access PH is, and remains to be, a separate entity from the Partners or Activity providers.
Fit Access PH reserves the right to revise or update these Terms or discontinue the whole or any portion of the Services at any time. Unless stated otherwise, any revision or update takes effect immediately. Your continued access and/or use of the Platform after an update to these Terms constitutes your binding acceptance of the revised or updated Terms.
We may change or update the Platform and/or Service and any information on the Platform and/or Service at any time without notice to you or liability to us. We may also suspend, discontinue, or restrict access to, the Platform and/or Service temporarily or permanently at any time without notice to you or liability to us.
Headings are inserted for convenience and shall not affect the interpretation of these Terms.
To access certain parts of the Platform, you will be required to sign-up for an account with Fit Access PH (“Account”) and input your email address (“Email”) and select a password ("Password"), or use your Facebook credentials.
By maintaining a user account or using the Platform, you are solely responsible for safeguarding and maintaining the confidentiality of your Username and Password. You agree not to share or permit others to use your Email or Password, or assign or transfer your Account to any other person or entity.
You must provide accurate, complete, and up-to-date information required for your Account. The name on your account must be the name on your photo identification card or government issued ID.
Each individual may only register one (1) Account. Where an individual is associated with multiple Account(s) without our written authorization, or fraudulent or wrongful use of an Account is detected or suspected, we reserve the right at our sole discretion and without liability, and without prejudice to our other rights and remedies under this Agreement or at law, to immediately: cancel any classes reserved through such Account(s); cancel or invalidate any credits or discount vouchers, coupons or codes awarded to or used by such Account(s); prohibit such Account(s) or persons from participating in any promotions, contests or surveys of Fit Access PH; and/or merge, suspend and/or terminate Account(s).
You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account. If you are aware of any actual or suspected unauthorized use(s) of your Account, or loss, theft, or unauthorized disclosure of your Password, please promptly notify us at firstname.lastname@example.org.
Membership Plan Subscription
- Subscription Plan
You will receive 5 passes or class visits per month (“Visits”) to be used to book at any partner gym or studio of your choice available on the Platform up to a certain number of visits per month and subject to the respective conditions set by the Partners. By default, the maximum studio visits per month shall be 3 times unless disclosed otherwise on a studio-by-studio basis. We and/or our Partners reserve the right to amend from time to time our and/or our Partners’ number of Visits you can take in a given month. You are not allowed to transfer, share or give your Visits to third parties, including other Fit Access members.
For purpose of illustration, we set out examples below:
- (a) Certain studios allow up to 3 visits per month while certain studios only allow 1 visit per month.
- (b) If a studio has more than 1 location and allows up to 3 visits per month, Fit Access members can go up to 3 visits across all of its locations. It must be noted that every visit, regardless of location, counts to 1 visit.
Please read the description and/or special conditions of each Partner carefully before reserving your Activity.
Your subscription plan starts on the date on which you sign up for an Account with us and submit payment via a current, valid and accepted Payment Method. Each subscription plan is valid for one month.Please note that any remaining Visits not used during the subscription month are forfeited and will not be exercisable in the next monthly cycle.
We reserve the right to adjust the monthly subscription fee for the Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any changes to the monthly subscription fee will take effect the next day following notice to you. If you fail or refuse to notify Fit Access of any concern within the day you were notified, the adjusted subscription fee will be considered accepted.
Partner’s charges: Your subscription plan only covers your access to the Activities listed on the Platform. Some of the Partners may also charge equipment, amenity or other service fees that are not included in their regular activity fees or offer other promotions or add-ons and you are responsible for such charges. Please read the description of each Partner carefully before reserving your Activity.
Promotional offers or discounts: We may make promotional offers or discounts with different features and different rates to our Fit Access members from time to time in our sole and absolute discretion and you agree that such promotional offers or discounts, unless also expressly made available to you, shall have no bearing on your use of the Service or the monthly subscription fee applied to you.
Purchasing and Payments
Payment Method: The purchase of membership passes and exclusive deal vouchers will require you to choose a valid and accepted payment method (as may be updated from time to time, “Payment Method”) to use the Service.This does not waive our right to seek payment directly from you through any other methods, should the Payment Method fail. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, you remain responsible for any unpaid purchases or monthly subscription fees and authorize us to require an alternative Payment Method to settle the fees.
Other Payment Methods include but are not limited to: bank deposit, credit/debit card, over-the-counter and non-traditional payment methods via DragonPay, PayPal and other third-party online merchants. We reserve the right to amend, delete or change our payment methods at any time. By purchasing via third-party Payment Methods, you agree to shoulder additional fees resulting to usage of these third-party Payment Methods such as transaction and handling fees which may be added on top of the total amount.
Taxes: Your purchase of an activity and / or monthly subscription fee is inclusive of applicable taxes where required by law. You agree that your fee shall be subject to all prevailing taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend us to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
No refunds: Purchases are not refundable and we will not refund or credit for any partially used or unused activities unless you provide credible evidence to us to prove that you have been wrongly billed or such other circumstances on a “case to case” basis as we may decide in our sole and absolute discretion.
Booking and Activity Offerings
Activity search: You may search for Activities and Partners and view related information about activity categories and schedules , as well as Partners’ locations and other related information such as amenities and other offerings. We may also feature an Activity as an advertisement on the Platform or on any other social media sites, but this is not a recommendation or endorsement of such Activity. We make no guarantees or representations on the quality or nature of the Partners or Activities.
Activity reservations: All Activities are updated on a monthly basis. You must reserve an Activity on the Platform one day in advance before you join the Activity. Some slots for Activities are filled up quickly so make sure you plan and book in advance. We make no guarantees or representations on the availability of Activities available for reservation as access to the Activities is on a “first come first serve” and “space available” basis. You may reserve up to the total number of your allowable Visits per month. Activities can be reserved one week in advance and will close daily at 12 am midnight. We reserve the right to change, remove or add the Partners without notice to you or liability to us.
Admittance to Activities: Upon visiting the Partner Activity, you may be asked to show photo identification or government issued ID. Please make sure it matches with your official name in your Account. You will be required to give your booking reference number for verification purposes. The following means of presentation may be accepted: SMS of booking confirmation, digital copy, or a print-out of the booking confirmation email. Our Partners reserve the right to refuse entry to anyone who fails to present an identification card and accurate booking information.
Please make sure to arrive before your booked schedule to allot time for registration. Our Partners reserve the right to deny entry to anyone who arrives after the scheduled Activity, based on their late-to-class policy.
Rate and review an Activity: You may rate your experience gained from the Activity or write a free-text review. By posting your rating and/or review on the Platform, you grant us an irrevocable, public, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, publish, list information regarding, remove, translate, distribute, publicly perform or display, and make derivative works of your rating and/or review in whole or in part, in any form, media or technology, whether now known or hereinafter developed for any purposes, including for the purpose of marketing and promoting Fit Access and the Platform and/or Service in any media formats and through any media channels, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. We may, in our sole and absolute discretion, whenever we think appropriate, choose to monitor, review or remove your rating and/or review.
Feedback: If you provide us with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Platform and/or Service (“Feedback”), we have the right to use such Feedback in our sole and absolute discretion. You grant us an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to incorporate and use your Feedback for any purpose.
User Content: If you provide us with other form of user content, whether in textual, audio and/or visual form, including submission of entries for competitions and promotions, such user content remains your property. However, by providing user content to us, you grant us an irrevocable, public, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, modify, publish, list information regarding, edit, remove, translate, distribute, publicly perform or display, and make derivative works of your user content in whole or in part, in any form, media or technology, whether now known or hereinafter developed for any purpose, including for the purpose of marketing and promoting Fit Access and the Platform and/or Service in any media format and through any media channel, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all user content or you have all rights, licenses, consents and releases necessary to grant us the license to the user content as set forth above; and (ii) neither the user content nor your submission, uploading, publishing or otherwise making available of such user content nor our use of the user content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide user content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole and absolute discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove user content, in our sole and absolute discretion and at any time and for any reason, without notice to you or liability to us.
Late-cancellation and no-show policy: Fit Access maintains a free cancellation policy before the stipulated cancellation deadline. If you wish to cancel your Activity reservation, you must do so in accordance with the cancellation cut-off time (2 days prior to the day of the Activity).
Example: Given today is Monday, and you book a class for Wednesday, you can only cancel your (Wednesday) booking until 11:59PM of the same day(Monday). If you cancel your reservation of an Activity after the cancellation cut-off time, this will be considered as a “late cancellation” or if you do not show up at your reserved Activity, this will be considered as a “no-show”. A “late cancellation” or “no show” will incur a deduction of one (1) visit to your remaining number of visits from your current plan.
There will be no refunds (either in the form of money or credit) for purchased activities that are not cancelled before the stipulated deadline or that you did not attend (no-show). There will also be no refunds for any partially used or unused activity unless you provide credible evidence to us to prove that you have been wrongly billed.
We reserve the right to suspend or terminate your Account without compensation to you and/or prevent your access to the Platform and/or Service if you are found to have repeatedly violated this policy. We reserve the right in our sole and absolute discretion to remove certain Activities from the Platform and/or Service. We shall not be liable for the Activity cancellation or no-show by our Partners.
Communications from Fit Access: By signing up with Fit Access, you agree to receive certain email and other communications in connection with the Platform and/or Service, such as but not limited to Activity reservation and cancellation confirmations and review requests. Communications relating to your Account will only be sent for important purposes, such as password recovery. You will also receive our e-mail newsletters from time to time. You can opt-out from receiving our e-mail newsletter by clicking the “Unsubscribe” link at the bottom of the e-mail.
By providing us with your mobile number and email address, you agree to receive notifications regarding your booked Activities. We hold you responsible to monitor your own account. If you are not receiving the due notification from us regarding your booked Activities, please notify us immediately for us to help you identify and address the issue. In no instance that any help extended by us to fix your notification issue be construed as admission to an accountability or liability. We are not liable if you fail to receive your booking confirmation that may be due to incorrect Account information, internet connection problems, or issues with your telecommunications provider.
Children: The subscription plan is only open to those who are of the age of 18 or above. By signing up with Fit Access, you represent and warrant that you are at least 18 years of age. If you are under the age of 18, you are not allowed to sign up for a subscription plan and may only use the Activities under the company or supervision of a parent or legal guardian, under such person’s Account and otherwise subject to these Terms.
Multiple accounts: Every member is only entitled to create one account per person. Any member who creates multiple accounts with single identity or multiple identities shall be in violation of these Terms and shall have his Account suspended/terminated and shall not be allowed to have access to the Platform and/or Service upon suspension/termination. We and/or our Partners reserve the right to review and investigate all allegations of fraudulent activities and to take any and all measures we and/or our Partner deem necessary to ensure a fair sign up scheme is implemented accordingly.
Additional terms: When using the Platform and/or Service, you will be subject to any additional guidelines or rules applicable to specific products, services or features which may be posted from time to time (“FAQs”). All such FAQs are hereby incorporated by reference into these Terms. In the event of any inconsistencies or discrepancies between these Terms and the FAQs, these Terms shall prevail. Should you have any questions, please send us an email to email@example.com.
Promo code is not convertible or redeemable for cash.
Promo code may not be combined or accumulated with other offers or promo codes. Promo code may only be used pursuant to the specific terms that we establish for such promo code and you must enter the promo code into the “Promo Code” field prior to completing the order.
There is no limitation on the number of referrals that you can make. You can refer as many friends as you like as long as this promo code is still in effect.
We reserve the right to withhold, deduct or remove credits or other features or benefits obtained through the use of promo code by you or any other user in the event that we determine or believe that the use or redemption of the promo code was in error, fraudulent, illegal or in violation of the applicable promo code terms or these Terms.
We reserve the right to change, suspend, cancel and/or waive the promo code and its applicable terms at any time and from time to time in our sole and absolute discretion without notice to you or liability to us.
You are solely responsible for your own internet connection/telecommunication charges incurred for accessing and connecting to the Platform.
You may access and view the Platform and may save an electronic copy or print out a copy of the materials from the Platform, solely for your own personal and non-commercial use. All copies that you make must be in the form as presented on the Platform and must include all applicable copyright and other notices on the Platform. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or for any commercial use.
You must comply at all times with any instruction for use of the Platform and/or Service which we make from time to time.
You must keep your username and/or login password secure and:
(a) not permit any other person to use your username and/or login password, including not disclosing or providing it to any other person; and
(a) immediately notify us if you become aware of any unauthorized use or disclosure of your username and/or login password, by sending an email to firstname.lastname@example.org.
You should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. Prior to participating in any of the Activities, you should seek the advice of your doctor or other qualified healthcare professional if you have any concern or questions about your health. By using the Service and/or joining the Activity, you acknowledge and agree that your participation in any of the Activities offered by our Partners is entirely at your own risk and you shall have no recourse whatsoever against us.
You must not:
(a) act in a way, or use or introduce anything (including any virus, worm, Trojan horse, time bomb, keystroke logger, spyware or other similar feature) that may compromise, damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, network, data or personal data stored on the Platform;
(b) use the Platform in any manner that could damage, disable, overburden or impair any of our server, or the networks connected to our server, or interfere with any other party’s access and use of the Platform;
(c) attempt to gain unauthorized access to the Platform, other Fit Access members’ Accounts, computer systems or networks connected to our server, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
(d) obtain, or attempt to obtain, any information through any means not intentionally made available on or through the Platform;
(e) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform;
(f) license, sub-license, sell, re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;
(g) modify or create a derivative work based on the materials on the Platform, nor decompile, decipher, reverse-engineer or disassemble or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform in order to build a competitive product or service; build a product using similar ideas, features, functions or graphics of the Platform; or copy any idea, feature, function or graphic of the Platform;
(h) link to, mirror or frame any portion of the Platform;
(i) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform;
(j) intentionally or unintentionally cause or attempt to cause physical or property damage or harm to any Fit Access members or Partners; and/or
(k) permit third parties (including other Fit Access members) to use any Activities reserved under your own subscription plan, unless such Activities are reserved for a child’s use, in which case, the child must be accompanied or supervised by you when he/she uses the Activities.
You hereby agree to indemnify and hold us, our affiliates, and each of our and their respective directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives harmless against all losses, damages, claims, liabilities, expenses or costs that arise from or in connection with:
- (a) your access and/or use of the Platform and/or Service;
- (b) your breach of any of these Terms or any applicable law or regulation;
- (c) your dealing with the Partners, including your breach of any terms set by the Partners or the rights of any third party, including the Partners;
- (d) any other party's access and/or use of the Platform and/or Service using your username and/or login password; and/or
- (e) any other party's breach of any of these Terms where such party was able to access and/or use the Platform and/or Service using your username and/or login password.
Any rights relating to the use of the Platform and/or Service not expressly granted herein are reserved and no license or right is granted to you by implication, estoppel or otherwise.
We are the owner (or the licensee, where applicable) of all proprietary and intellectual property rights on the Platform (including all information, data, texts, graphics, visual interfaces, artworks, photographs, logos, icons, sound recordings, videos, look and feel, software programmes, computer code, downloadable files, software applications, interactive features, tools, services) or other information or content made available on or through the Platform.
We grant you, subject to these Terms, a non-exclusive, non-transferable, non-assignable, personal, limited license to access and use the Platform and/or Service for your own personal and non-commercial use. This license is revocable at any time without notice to you or liability to us. All rights not expressly granted to you are reserved by us.
The terms “Fit Access”, “Fit Access PH”, “Get Fit. Get Access.”, “Your network to fitness around the metro”, “FA” and our logo are our trademarks, trade names and service marks. Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the marks “Fit Access”, “Fit Access PH”, “Get Fit. Get Access”, “Your network to fitness around the metro”, and “FA”. All other trademarks, trade names, service marks, product names and logos contained herein that are not owned by, licensed to or controlled by us are used in an editorial fashion only, and to the benefit of respective owners, with no intention of trademark infringement.
While we endeavour to ensure that the information and materials on the Platform and/or Service are correct, no representation, warranty or guarantee, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. The information and materials on the Platform and/or the quality of the Service are provided to you for information purposes only and on an “as is” and “as available” basis without representations, warranties or guarantees of any kind either express or implied.
Whilst we endeavour to make the Platform available 24 hours a day, we shall not be liable if for any reason the Platform is unavailable for any time or for any period. We make no representation, warranty or guarantee that your access to the Platform will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
To the extent permitted by law, we and our licensors hereby disclaim all warranties, express or implied, statutory or otherwise, in respect of the Platform and/or Service and we and our licensors have no liability or responsibility to you or any other person (even if we have been advised as to the possibility) for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with:
- (a) the Platform and/or Service being unavailable (in whole or in part), interrupted or performing slowly;
- (b) any error in, or omission from, any information made available through the Platform and/or Service;
- (c) any other party's access and/or use of the Platform and/or Service using your username and/or login password;
- (d) any exposure to malicious software including but not limited to, viruses, computer worms, Trojan horses, spyware or other harmful forms of interference which may damage your computer system, mobile device, software, data or other property or expose you to fraud when you access or use the Platform and/or Service. To avoid doubt, you are responsible for ensuring the process by which you access and use the Platform and/or Service protects you from this; and/or
- (e) any site linked from the Platform and/or Service. Any link on the Platform and/or Service to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
We make no representation, warranty or guarantee:
- (a) that the Platform and/or Service will be compatible with all hardware, software and operating system which you may use;
- (b) about the accuracy, reliability, suitability, completeness or timeliness of the Platform and/or Service or of any information from the Partners, such as class times, locations and descriptions; and/or
- (c) about the quality, suitability, safety or ability of the Partners’ services.
We are not responsible nor liable for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, cost or expense, whether in contract, tort (including negligence, injuries or other health or medical problems), that you may suffer or incur as a result of or in connection with the acts, omissions and/or negligence of any Partner who provides the Activities to you.
Exclusion of Liability
To the maximum extent permitted by law:
- (a) your access and use of the Platform and/or Service is entirely at your own risk; and
- (b) we, our respective directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives are not liable or responsible to you or any other person for any direct, indirect or consequential loss (including loss of profit and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with these Terms, the Platform and/or Service, or your access and use of (or inability to access or use) the Platform and/or Service.
Our postal address is 29 Uganda St. Better Living Subdivision, Paranaque City. Our email address is email@example.com.
Suspension and Termination
We reserve the right, in our absolute discretion, to monitor any and all access and use of the Platform and/or Service.
Without prejudice to any other right or remedy available to us, if we consider that you have breached any of these Terms or we otherwise consider it appropriate, we may immediately, and without notice to you or liability to us, suspend or terminate your Account and access to the Platform and/or Service (or any part of it) without compensation to you and we may block access from a particular Internet protocol address to the Platform and/or Service (or any part of it) in the event of any breach of these Terms. In addition, we reserve the right to seek all remedies available under these Terms, at law and in equity for breach of these Terms.
On suspension or termination of your Account, you must immediately cease using the Platform and/or Service and must not attempt to gain further access.
Links to other websites
Any links provided on the Platform are provided for your convenience only. Should you leave the Platform via such a link, the content that you view in such linked web page or website owned or operated by third parties is not provided or controlled by us. We have not developed or reviewed, and are not responsible for the consequences of your accessing the linked web page or website, and/or the content at those web pages or websites. We make no guarantee, representation or warranty as to, and have no liability for, any content at those websites, including, but not limited to, guarantees, representations and warranties regarding truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any particular purpose or any representations, warranties or guarantees arising from usage, custom or trade or by operation of law.
Any such link to other linked web pages or websites on the Platform does not constitute an endorsement, authorization, verification or representation that we are affiliated with the operators or owners of those linked websites, or the contents.
You agree that your access to and/or use of such linked web pages or websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.
Third Party Advertising
We may allow third party advertisers to place advertisements on the Platform or any part thereof. Such advertisements will be clearly identified as originating from third parties. By using the Platform and/or Service, you agree to receive such advertising and marketing materials. If you do not want to receive such advertising and marketing materials you should notify us in writing. We do not endorse, and will not be responsible for, the contents of such advertisements or for your access, use, reliance, sale, purchase, or other action on your part with respect to the contents or subject matter of such advertisements.
If we need to contact you, we may do so by SMS, email or by posting a notice on the Platform. Notice will be deemed given 24 hours after email is sent or notice is posted on the Platform. You agree that this satisfies all legal requirements in relation to written communications. These Terms, and any dispute relating to these Terms or the Platform and/or Service, shall be governed by and construed in accordance with the laws of Philippines without regard to the choice or conflicts of law principles of any jurisdiction. Each party submits to the exclusive jurisdiction of the Courts of Philippines in relation to any disputes or claims arising out of or in connection with these Terms or the Platform and/or Service.
In case of Arbitration, the seat and venue of the arbitration shall be Philippines, in the English language and the fees of the Arbitrator shall be borne equally by all the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
Any cause of action arising out of or in connection with these Terms or the Platform and/or Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.For us to waive a right under these Terms, the waiver must be in writing.
If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid under any enactment or rule of law or by any court in any jurisdiction, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will remain in full force and effect and continue to be binding and enforceable on you.
These Terms set out everything agreed by the parties relating to your use of the Platform and/or Service and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty, guarantee or agreement relating to the Platform and/or Service that is not expressly set out in these Terms, and no such representation, warranty, guarantee or agreement has any effect from the date you agreed to these Terms.
You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to: (i) our subsidiary or related/affiliated company; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between you, Fit Access or any Partner as a result of these Terms or use of the Platform and/or Service.
English version to prevail
In the event of any inconsistencies or discrepancies between the English version and other translated versions of these Terms or the information on the Platform and/or Service, the English version shall prevail.
Last updated on 03 February 2017