TERMS AND CONDITIONS
The following terms (“Terms and Conditions”) constitute an agreement between you and INDEED PILATES ENTERPRISE, an enterprise incorporated in Malaysia and having its business address at Y-11-05, Block Kayangan, D’aman Crimson, Jalan PJU 1A/41, Ara Damansara, 47301 Petaling Jaya, Selangor (“Company,” “we” or “our” or “us”).
- GENERAL
1.1 You agree that these Terms and Conditions contained herein including the Privacy Policy governs your use of the services (“Services”) provided in our website www.indeedpilates.com (“Website”).
1.2 By using the Website, you acknowledge that you have read and agree to the Terms and Conditions and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference.
1.3 If you do not agree to be bound by these Terms and Conditions, please refrain from using the Website.
- REGISTRATION
2.1 The Services are available only to and shall only be used by individuals who can form legally binding contracts under the law. Without limiting the foregoing, the Services are not available to children (persons under the age of 18). If you are under the age of 18 (subject to the minimum age of 13), you can use the Services only in conjunction with and under the supervision of your parents or legal guardians. If you are the parent or legal guardian of a child under the age of 18, you may use the Services on behalf of such child. By using the Services on behalf of such child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms and Conditions to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms and Conditions on their behalf and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.
2.2 You shall be solely responsible for your personal information notwithstanding the Company using and protecting your personal information in accordance with our Privacy Policy which is available at [insert link to Privacy Policy]. You acknowledge that no data transmission over the internet can be completely secure, and we cannot give an absolute assurance that your personal information you provide to us will be secure at all times. If you object to your personal information being used, please refrain from using the Website and the Services.
2.3 You acknowledge that if you do not register as a member in any of our Website, your activity in the Website will be limited.
2.4 Without limiting other remedies, to the maximum extent permitted by law, our Company may at its sole discretion limit your activity, temporarily or indefinitely suspend or terminate your membership and refuse to provide the Services to you if: (a) you breach any Terms and Conditions hereof or any terms incorporated by reference; (b) we are unable to verify or authenticate any information provided to us which we deemed is requisite and necessary; or (c) we believe that your actions may cause financial loss or legal liability to us.
2.5 We reserve the right, to change, modify, add, or remove portions of these Terms and Conditions at any time. Changes will be effective when posted on the Website with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Website.
- USE OF THE WEBSITE AND/OR SERVICES
3.1 We grant you a non-transferable and revocable license to use the Website and/or Services, subject to these Terms and Conditions. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted herein without notice to you. You agree that when using the Website, you will not:
3.1.1 use part of the Website reserved for registered members unless you are registered as a member;
3.1.2 interfere with the usage of the Website by others;
3.1.3 use the Website in an illegal manner;
3.1.4 upload, post, email or otherwise transmit any document or information to the Website that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, seditious, hateful, or racially, sexually, ethnically or otherwise objectionable or vilifying;
3.1.5 upload, post, email or otherwise transmit any document or information to the Website that infringes any Intellectual Property Rights of any person;
3.1.6 post or transmit any unsolicited advertising or promotional materials;
3.1.7 attempt to gain unauthorized access to any of the Website, user accounts, computer systems or networks through hacking, password mining or any other means;
3.1.8 share and/or make available access to your account or any information pertaining to your account to any third party, including but not limited, the password to your account;
3.1.8 upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
3.1.9 interfere with or disrupt the Website, the server hosting the Website, or servers or networks connected to the server hosting the Website.
3.2 Content provided on the Website are solely for informational purposes.
3.3 Certain services and related features that may be made available on the Website may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Website is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Company shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this paragraph.
3.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Website or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Website or any part of the Services.
3.5 We reserve the right, but shall not be obliged to:
3.5.1 monitor, screen or otherwise control any activity, content or material on the Website and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms and Conditions contained herein and may take any action it deems appropriate;
3.5.2 prevent or restrict access of any authorised user to the Website and/or the Services;
3.5.3 report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
3.5.4 to request any information and data from you in connection with your use of the Services and/or access of the Website at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
- INTELLECTUAL PROPERTY RIGHTS
4.1 You acknowledge and agree that the copyright and other intellectual property rights in the Website and in all information and materials therein (“Website Content”) are owned by the Company, its affiliates, suppliers or licensors unless otherwise expressly indicated. The Website Content is protected by Malaysian and international copyright and trademark laws.
4.2 You agree that you will not do any of the following without our prior written permission:
4.2.1 use our trademarks;
4.2.2 reproduce, copy, modify, merge, adapt, translate, re-publish, frame, upload to a third party, post, transmit, broadcast, communicate to the public or otherwise make the Website Content available to the public;
4.2.3 transmit or display the Website Content on any computer, system or network which permits electronic access by more than one user at a time;
4.2.4 use, sell, assign, rent, sub-licence or otherwise deal with the Website Content except as permitted by these Terms and Conditions;
4.2.5 reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website Content or use any part of the same to provide or incorporate into, any product of service provided to a third party; or
4.2.6 any other act or omission which infringes the Company’s rights or the rights of the Company’s content suppliers in any way.
4.3 If you are interested in a part of the Website Content solely for your own personal and non-commercial use, you may save a single copy, print one or download one.
- THIRD PARTY LINKS AND ADVERTISING
5.1 The Company provides hyperlinks to third party sites (“Linked Sites“) for convenience only, and the inclusion of the hyperlink does not imply any endorsement of the Linked Site by the Company or our affiliates. In addition, the inclusion of third party advertising on the Website (whether with or without hyperlinks) is not an endorsement or recommendation of the third party advertiser by the Company or our affiliates.
5.2. You acknowledge and agree that Linked Sites are not under the control of the Company and that we are not liable or responsible for:
5.2.1 any act, omission or negligence of any person who administers or owns any Linked Sites;
5.2.2 the copyright compliance, legality or decency of any Linked Sites;
5.2.3 the accuracy or reliability of any information provided by any Linked Sites;
5.2.4 the privacy policies of the Linked Sites;
5.2.5 any goods or services provided by any person who administers or owns any Linked Sites; or
5.2.6 the performance of any obligation owing to by any person who administers or owns any Linked Sites.
- REPRESENTATIONS AND WARRANTIES
6.1 You acknowledge and agree that apart from where required by law, the Website, all Website Content and the Services are provided “as is” without warranties of any kind, express or implied. The Company, our parent companies, subsidiaries, affiliates, officers, directors, employees and agents specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
6.2 You acknowledge that, apart from where stated to the contrary on the Website, we have not made any representations or given any warranties:
6.2.1 as to the functionality or content of Services and the Website;
6.2.2 as to the accuracy, or completeness of any of the Website Content;
6.2.3 that access to the Website will be uninterrupted or error free or that the server which stores and transmits the Website Content to you are free from viruses;
6.2.4 that any links contained on the Website shall provide you with any useful information; and
6.2.5 that content provided on the Website and Services are applicable or appropriate for use in locations outside of Malaysia.
- PAYMENT AND REFUND POLICY
7.1 You shall be entitled to make payment for the Services using the various payment methods made available on the Website. All payments for the Services shall be made to the Company directly.
7.2 The payment methods may also be subject to the following terms:
7.2.1 Credit Cards
Credit card payment option is available for all customers. The Company accepts all Visa and MasterCard credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of the customers is protected by industry leading encryption standards.
7.2.2 Debit Cards
The Company accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.
7.2.3 Online Banking
By choosing this payment method, the customer shall transfer the amount of the total purchase price for the Services purchased or subscribed by you to the Company’s account (including any applicable taxes). The transaction must be payable in Ringgit Malaysia. The Company, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
7.3 When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the Services that you have purchased or subscribed, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any Services for which we have not received adequate payment.
7.4 If you are not satisfied with the Services you purchased or subscribed, you may request for a refund by contacting us within fourteen (14) days of your purchase of the Services. We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our sole discretion, depending on capabilities of our payment processing partners and other factors. No refund is due to you if your request is after the fourteen (14) days guarantee period. All successful application for refunds will be made within seven (7) working days from the date such application for refund is approved by the Company.
7.5 If we believe that you are abusing our refund policy, we reserve the right to deny your refund, terminate your account, and/or restrict all future use of the Services. If we terminate your account or disable your access to the Website due to your violation of these Terms and Conditions, you will not be eligible to receive a refund.
- DISCLAIMER
8.1 To the maximum extent permitted by law, neither the Company nor our affiliates nor the officers, directors, employees and agents of the Company or its affiliates will be under any liability to you, in contract, tort or otherwise, in respect of any loss or damage (including consequential loss or damage, loss of profits, economic loss or loss of information) which may be suffered or incurred or which may arise directly or indirectly in respect of:
8.1.1 your use of the Website;
8.1.2 the accuracy, completeness or usefulness of any Website Content or information contained in the Website;
8.1.3 your use of any other websites that the Linked Sites links to;
8.1.4 any goods or services supplied pursuant to these Terms and Conditions; or
8.1.5 failure of the Company to comply with its obligations under these Terms and Conditions.
8.2 If you are dissatisfied with any content on the Website, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Services and the Website. You acknowledge, by your use of the Services, that your use is at your sole risk.
8.3 In the event any applicable law does not allow the exclusion of liability set forth above or any part of this exclusion of liability is found to be invalid or unenforceable for any reason, then to the maximum extent permitted by law, the aggregate liability of the Company under such circumstances for liabilities that otherwise would have been limited shall not exceed the price you paid for the Services via the Website.
8.4 You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. We advise you to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily accept and assume any and all risks, known or unknown, associated with the Website and our Services including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by us.
- LIABILITY AND INDEMNITY
9.1 You agree to indemnify and hold the Company and, if applicable, our parent companies, subsidiaries, affiliates, officers, directors, employees and agents harmless from any claim or demand (including reasonable solicitors’ fees) made by any third party due to or arising out of your breach of these Terms and Conditions or your violation of any law or the rights of any third parties or the use of the Website.
9.2 In no event shall the Company be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the you as a result of an action brought by any third party) even if such loss were reasonably foreseeable or if the Company had been advised by you of the possibility of incurring the same.
9.3 Notwithstanding any other provision of these Terms and Conditions, the Company’s maximum cumulative liability to you for all losses, shall not exceed the sums that you have paid for the Services.
9.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Terms and Conditions.
9.5 No action shall be brought against the Company later than six (6) months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware.
- TERMINATION OF ACCOUNT
10.1 You have the right to cancel your account with us at any time. All unutilized Services as at the date of termination shall lapse. Any outstanding fees due to the Company shall become payable by you to the Company immediately.
10.2 We reserve the right to modify, suspend, and terminate your account and/or to refuse to provide our Services to you or allow access to the Website, without prior notice, at any time and for any or no reason and without any liability to you, including but not limited to any of the following reasons: (a) breach or violation of these Terms and Conditions; (b) upon request by law enforcement; (c) due to unforeseeable technical or security issues or problems; or (d) for fraudulent, deceptive, or illegal activity, or other activity which we believe is harmful to the Website.
10.3 Upon termination of your access to or ability to use the Website and the Services, your right to use or access any Services and/or any Website Content will immediately cease. You agree that termination, limitation of access and/or suspension shall be made in our sole discretion and that we shall not be liable to you or any third party for the termination, limitation of access, and/or suspension of your account.
10.4 If you voluntarily terminate your account, you may reactivate it at any time through the Website.
- GENERAL
11.1 The Company shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms and Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Website’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond the Company’s reasonable control.
11.2 Any notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writing addressed, if to the Company, to its registered office or principal place of business and if to you, to the address provided by you.
11.3 No waiver by the Company of any breach by you shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, the Company’s failure to enforce these Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms and Conditions.
11.4 If any provision of these Terms and Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
11.5 No person who is not a party to the contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties.
11.6 These Terms and Conditions shall be construed in accordance with and shall be governed by the laws in force in Malaysia. You irrevocably submit to and accept the exclusive jurisdiction of the Courts of Malaysia.
11.7 The Company shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.
11.8 The Company may, through the Website or by such other method of notification as the Company may designate, vary the terms of these Terms and Conditions, such variation to take effect on the date the Company specifies through the above means. If you use the Website after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Website.
11.9 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on the Company’s part shall be subject to correction without any liability on the Company’s part.
11.10 In the event that these Terms and Conditions are executed or translated in any language other than English, the English language version of these Terms and Conditions shall govern and shall take precedence over any other languages.
11.11 The Company reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms and Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as the Company deems appropriate.
- CONTACT US
12.1 If you have any questions or queries, you may contact us by email at pei.khoek@indeedpilates.com or yennee@indeedpilates.com.
