Singapore
Last updated: April 2024
WELLNESS FITNESS HEALTH (WFH) PTE LTD
UEN: 202349962H
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES VIA OUR WEBSITE OR OUR FACILITIES.
BY CHOOSING TO USE OUR SERVICES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THIS WEBSITE OR OUR SERVICES.
We recommend that you print a copy of these Terms for future references. Please also note that these Terms may be amended from time to time. We will use reasonable endeavours to notify you of such amendments pursuant to these Terms.
Welcome to Wellness Fitness Health (WFH) Pte Ltd (“Arctic Fitness”, unless the context otherwise requires, references to “we”, “our”, “us” and other similar pronouns shall refer specifically to Arctic Fitness).
These Terms apply to your use of the licences granted to you hereunder.
WHO WE ARE AND HOW TO CONTACT US
- At Arctic Fitness, we are committed in building and optimising our facilities to help you achieve your health and wellness goals holistically.
- To contact us, please email chill@arcticfitness.com or visiting us in person during 9.00 am to 6.00 pm, GMT+8. WHAT THESE TERMS DOES
- These Terms represent a legally binding agreement between us and each of our clients or users of our website ([link to website]) (the “Website”). It sets out the rules for using our Services (defined in the following).
Subject to these Terms, we licence you to use:
the Website, the data supplied to the software, and any updates or supplements to it;
the related online or electronic documentation (such as any technical specifications to the users of the Website) (the “Documentation”) (if any); and
the services you can access at our facilities (e.g., using our hot sauna or ice plunge at our facilities) or any event that we organise for our clients (collectively, the “Services”).
BY USING OUR SERVICES, YOU ACCEPT THESE TERMS
By using our Services, you confirm that you accept these Terms (in particular, Clauses 13 (Acceptable Use Policy), 15 (Limitation of Our Liability), and 16 (Our Remedies and Indemnities)) and that you agree to comply with them.
If you do not agree to these Terms, you must not use our Services.
REGISTRATION AS A MEMBER
Our Services are made available to our “Members”.
Our “Members” must be individuals:
that are of legal age and capable of forming a binding contract with us. Unless in the case of an individual below the legal age of 18, that individual had obtained permission from his/her parent or legal guardian before registering for membership;
that are not individuals that lack capacity pursuant to Section 4 of the Mental Capacity Act 2008;
that are persons that are barred for any reason whatsoever from receiving the Services under the laws of Singapore;
that have submitted truthful and accurate information on details regarding their identity, contact and profile (i.e., no impersonation of other individuals);
that have not and will not authorise any other third parties (whether an individual or an entity of whatever type) to access the Services with their account (i.e., the Services are intended for the exclusive and personal consumption of our Members).
During your registration as our Member, you are hereby notified that if we have reason to believe that the information that you had submitted to us is either illegal, inauthentic or inaccurate, we will suspend or terminate your access to the Services.
YOUR PRIVACY
Under the applicable data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data and how to exercise them. This information is contained in our privacy policy accessible on our Website and it is important that you read that information.
HOW TO SHARE YOUR CONCERNS WITH US
If you wish to contact us for any reason whatsoever, please email us at our contact details set out above at Clause 1.
If we have to contact you, we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us. If you receive any of the foregoing and are not certain that it is genuine or authentic, please contact us through the abovementioned channels and seek confirmation from us. To avoid doubt, nothing in this clause creates any obligation on anyone to do the foregoing, however, we shall not be liable for any losses incurred by you in connection with the foregoing.
WE MAY MAKE CHANGES TO THESE TERMS
As we may amend these Terms from time to time, before using our Services, please check these Terms to ensure that you understand the Terms that apply at that time.
You recognise and acknowledge that it is impractical and impossible for us to obtain the consent of all our Members using our Services. Accordingly, we shall be entitled to unilaterally change these Terms (i.e., without obtaining the consent from our Members) to reflect changes in (i) law, (ii) best practice, or (iii) to deal with new and additional features that we introduce to our range of Services.
We will use reasonable efforts to provide you with a notice of the amendments or changes to these Terms.
Any amendment or changes to these Terms will take immediate effect from the date of our notice of the change unless otherwise specified in such notice.
If you do not accept the changes as notified above, you must cease usage of our Services immediately.
PAYMENT AND MEMBERSHIP FEES
By accepting these Terms, you agree to pay all fees for the respective period on a timely basis.
You acknowledge and agree that we have the full discretion to determine the billing and payment method(s) from time to time, including but not limited to operating as a cashless business should we choose to do so.
All packages to our Services shall be paid for in advance and in full, and any and all subscriptions to such packages shall be automatically renewed upon the expiry of their respective commitment periods, unless otherwise terminated in accordance with these Terms.
It is your full responsibility to maintain the accuracy of your account details, and to ensure that sufficient funds are contained in the nominated account or your debit/credit card is valid with a sufficient credit limit when any of our fees fall due. If any charge to you is unsuccessful, you shall be responsible for any and all administrative fees and/or collection fees that may be imposed by us.
If you do not make any payment for our fees whenever it is due, you may be refused entry to our facilities and your membership may be suspended until all outstanding amounts are fully paid.
We reserve the right to review, vary and/or amend the prices and categories of our memberships, packages, sessions, services and administrative fees from time to time, at our absolute discretion.
We will only provide you with a refund of our fees in the event that we are unable to continue to provide you with our Services and/or if we make a decision, at our absolute discretion, that it is reasonable to do so under the circumstances.
OUR INTELLECTUAL PROPERTY RIGHTS
For the purpose of this Clause:
“Intellectual Property Rights” or “IPR” mean all intellectual property rights, whether registered or not, including pending applications for registration of such rights and the right to apply for registration or extension of such rights including patents, petty patents, utility models, design patents, designs, copyright (including Moral Rights and neighbouring rights), database rights, rights in integrated circuits and other sui generis rights, trade marks, mask work rights, trading names, company names, business names, service marks, logos, the get-up of products and packaging, geographical indications and appellations and other signs user in trade, internet domain names, social media user names, rights in know-how and any rights of the same or similar effect or nature anywhere in the world; and
“Moral Rights” mean the non-economic rights of the author or creator of a work protected under the Copyright Act 2021, or any other applicable laws and regulations of any jurisdiction of the world, and it includes but is not limited to the right of attribution enabling such author or creator to be identified as the author or creator of the work, the right of integrity, which protects such work from any alteration, modification, distortion or other treatment in respect of such work, or any other similar rights anywhere in the world.
We are and remain the sole owner of all Intellectual Property Rights associated with the Website and the Services, which are protected by copyright and intellectual property laws and treaties around the world. No rights or licences to the foregoing are granted except as expressly set out in these Terms. All of our Intellectual Property Rights are expressly reserved.
Without prejudice to our rights, you may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation or otherwise to content posted on our Website. However, in doing so, you agree to ensure that the persons that you disclose such extract(s) to observes the confidentiality obligations under our privacy policy.
In connection with the foregoing, you must not modify or alter 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.
Our status (and that of any identified contributor (if any)) as the authors of content on our Website must always be acknowledged.
You must not use any part of the content of the Website for commercial purposes without obtaining a licence to do so from us or our licensors (as the case may be).
Without prejudice to our rights, if you print off, copy, download, share or repost any part of our Website in breach of these Terms, your right to use the Website must cease immediately, and you must, at our option, return or destroy any copies of the material you have made.
YOU MAY NOT TRANSFER YOUR MEMBERSHIP
The right that we grant you to use our Services is personal and may not, unless otherwise expressly provided in these Terms, share or otherwise transfer the benefits of your membership to someone else, whether for money, for anything else or for free. You may only transfer the benefits of your membership to someone else if we give you our express written consent to approve such transfer.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion, you have failed to comply with any part of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at our contact details set out at Clause 1 above.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
Our Website may contain links to other independent websites that are operated by third parties. We have no control over the specific contents of these independent websites.
We are not responsible for and have not verified or approved the contents in these independent websites or their respective privacy policies (if any).
Accordingly, you acknowledge and agree that your decision to use any such independent websites (including whether to buy any products and/or the services offered by them (as the case may be)) is solely yours.
ACCEPTABLE USE POLICY
You must read this Clause before using our Services.
At all times, you shall:
be respectful, courteous and considerate to all other Members or guests at our facilities, and our staff at our facilities;
not use our Services in any way that could damage, disable, overburden, impair or compromise our operations or interfere with other individual’s rights, use or enjoyment of our Services;
use our Services only for the purposes that are permitted in these Terms and any applicable law, regulation or generally accepted practices or guidelines (including any of our guidelines);
use our Services in connection with a personal purpose and not with any commercial purpose except with our prior written consent;
have the sole responsibility of protecting the confidentiality of your password and/or email. As any use of your registration information by any other person or third party is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password, email address or any breach of security of which you have become aware of or should have reasonably been aware of. Use of your password by any other person may result in the immediate cancellation of our Services;
have the sole responsibility of safekeeping your personal belongings while you are present at our facilities. You agree that we are in no way responsible for the safekeeping of your personal belongings while at our facilities. Further, you agree to assume all risk of loss for any of your personal belongings;
not provide or otherwise make available our Services in any form, in whole or in part, to any person without prior written consent from us;
not copy or store the Documentation, except as part of the normal use of our Services or where it is necessary for your own personal record keeping purposes. To avoid doubt, you may not use or exploit such Documentation for any other purpose (e.g., any commercial purpose) other than for your personal use;
not use our Services for any illegal and/or unauthorised purpose;
not use our Services in any way that breaches any applicable local, national or international law or regulation; and
act in a manner that is consistent with these Terms.
WE MAY END YOUR RIGHTS TO USE OUR SERVICES IF YOU BREACH THESE TERMS
These Terms will continue to apply and remain effective until and unless terminated as set out below.
The termination of your membership or these Terms will not affect any rights or claims arising hereunder that have accrued or vested as at the date of such termination. Further, the provisions hereunder of which by their nature should survive termination (e.g., the intellectual property provisions under Clause 9, the dispute resolution provisions under Clause 21) shall survive any termination or purported termination of these Terms.
We may terminate or end your rights to use our Services (whether in whole or in part) at any time by contacting you if you have broken these Terms in a material manner. In our sole discretion, if we deem that what you have done or failed to have done can be remedied, we will give you a reasonable opportunity to do so.
Subject to local applicable laws, we reserve the right to discontinue or cancel your membership at any time, and may suspend or deny, at our sole discretion, your access to all or any portion of our Services without notice if you breach any provision of these Terms or any applicable law or if your conduct impacts our name or reputation or violate the rights of another party (or Member).
You may terminate these Terms and your membership by providing us with 7 days’ notice of your intention to terminate via our contact details as set out above at Clause 1.
If your rights to use our Services have been terminated, whether in whole or in part, for any reason whatsoever:
you must stop all activities authorised under these Terms, including your use of our Services;
you must immediately destroy all copies of the Documentation; and
in any event, we are entitled to remotely terminate or end you rights to use our Services by ceasing to provide you access to our Services.
LIMITATION OF OUR LIABILITY
You acknowledge and agree that your use of our Services is solely at your own risk. To the maximum extent permitted by law, in no event shall we be liable to you in contract, tort (including negligence), in equity, under statute or otherwise for any loss, damage, costs or expenses of any nature howsoever incurred or suffered by you of an indirect or consequential nature including loss of turnover, profits, business or goodwill, which may arise out of or in connection with your use of our Services, or our performance or non-performance in connection your use of our Services (whether or not such Services were rendered with due care and skill or not, and whether or not they were reasonably fit for their purpose).
You acknowledge and agree that the provision of our Services is made on an “as is” and “as available” basis, without any representations or warranties, express or implied, including without limitation, implied warranties of fitness for any particular purpose. Further, you acknowledge and agree that the availability of our Services may be adjusted on a temporary basis, including for the purposes of cleaning, maintenance, improvement works, repairs, upgrades, special functions and holidays. Accordingly, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, or restrict the availability of our Services for business and/or operational reasons. We will try to give you reasonable notice of any such suspension or withdrawal.
You further acknowledge and agree that, except as provided in these Terms, neither us nor any of our directors, officers, employees, agents, contractors, apprentices and professional advisors have made any representations, warranties, covenants, agreements or guarantees of any kind or character, whether express or implied, oral or written, concerning (i) the value, nature and quality of our Services, (ii) the suitability of our Services, or (iii) any other matter regarding our Services.
Except as otherwise expressly set forth in these Terms, you shall not be entitled to rely on any information provided or to be provided by us or our directors, officers, employees, agents, contractors, apprentices and professional advisors.
By using our Services, you hereby acknowledge and agree that there are certain inherent risks and dangers involved in using our Services that cannot be eliminated regardless of the care taken to avoid injuries.
If, as determined in our sole and absolute discretion, you and/or others pose physical risks to yourselves or others while using our Services, you may be denied access to our facilities and may be asked to leave. Any and all decisions made by us in respect of this is final.
OUR REMEDIES AND INDEMNITIES
Without prejudice to other provisions of these Terms, you acknowledge and agree that, in the event of any breach of these Terms (especially in respect of provisions which by their nature should survive termination (e.g., the intellectual property provisions under Clause 9, the dispute resolution provisions under Clause 21)), legal remedies may be inadequate for us, who therefore shall be entitled to apply for appropriate equitable remedies, in addition to any other remedies which we may have at law.
Notwithstanding any provision to the contrary, and without limit or prejudice to any of the rights, entitlements and remedies that we may have under these Terms and at law or equity, you shall indemnify and hold harmless us, our directors, officers, employees, agents, contributors, apprentices and professional advisors from and against any and all direct, indirect, special, incidental, exemplary, consequential, punitive liabilities, claims, costs, expenses, damages, losses (including reasonable legal costs and expenses on a full indemnity basis, loss of profit, loss of reputation), interests, penalties, demands, proceedings or other professional costs arising out of or in connection with any of your breach, negligent performance or non-performance of the provisions of these Terms.
NO RIGHTS FOR THIRD PARTIES
These Terms shall not give rise to any rights under the Contract (Rights of Third Parties) Act 2001 to enforce any provision of these Terms.
IF A COURT FINDS PART OF THESE TERMS ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the provisions herein operate separately. If any court or competent authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
EVEN IF WE DELAY ENFORCING THESE TERMS, WE CAN STILL ENFORCE LATER
Our delay in enforcing any provision hereunder shall not be construed as a wavier of our right to do so. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking any steps against you in respect of your breach of any of these Terms, that will not mean that you do not have to do those things and it will not prevent us from taking any steps against you at a later date.
WHICH LAWS APPLY TO THESE TERMS
These terms are governed by Singapore law.
DISPUTE RESOLUTION
If a dispute arises out of or relates to the Terms, except where urgent interlocutory relief is sought, either party may not commence any proceedings of any nature anywhere in the world in relation to the dispute, unless the following clauses have been complied with.
A party to the Terms claiming a dispute (the “Dispute”) has arisen under the Terms must give written notice (the “Notice of Dispute”) to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of the Notice of Dispute, the parties must:
within 30 days of the Notice of Dispute endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which the parties may mutually agree;
if the Dispute is not resolved within 30 days of the Notice of Dispute, the parties must submit the Dispute for mediation at the Singapore Mediation Centre (“SMC”) in accordance with SMC’s mediation procedure in force on the date the mediation is commenced before any party may have any recourse to litigation in the Singapore courts. Any party may submit a mediation request to SMC upon which the other party will be bound to participate in the mediation within 45 days thereof. Each party to the mediation must be represented by a person with authority to negotiate and settle the Dispute. SMC will appoint one mediator, the mediation will take place in Singapore in the English language, and any settlement agreement reached will bind the parties. The cost of the mediator will be borne equally by the parties.