Last Updated 6 June 2019
Welcome to STILL Boxing!
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH STILL BOXING ON AN INDIVIDUAL BASIS. PLEASE SEE SECTION 18 FOR MORE INFORMATION ABOUT THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND STILL BOXING WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION.
a) Acceptance of Terms. By accessing and/or using the Site and/or Classes, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Classes.
b) Amendment of Terms. STILL Boxing may amend these Terms from time to time in response to changing legal, technical or business developments. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. If we make any changes to these Terms, we may either inform you of such changes via e-mail or post changes on this page and update the “last updated” date displayed at the top of these Terms. You should periodically visit this page to review the current terms of these Terms so that you are aware of any updated terms by which you are bound. Your continued access to or use of the Site or Classes after such posting constitutes your consent to be bound by the Terms, as amended.
c) Additional Terms. In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions, guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time, including but not limited to the Waiver and Release that will be made available to each visitor of STILL Boxing at the Venue. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into these Terms, provided that in the event of any conflict between such additional terms and these Terms, these Terms shall control. Our Privacy Notice is hereby incorporated by reference.
2. STILL Platform
a) STILL Platform. The STILL platform enables consumers to reserve, schedule, purchase, access and attend Classes offered by STILL Boxing at 6A Shenton Way, #B1-06 OUE Downtown, Singapore 068815 (the “Venue”).
b) Participation Options. There are a number of ways to participate in Classes through STILL Boxing, such as by purchasing a class package (“Class Package”) or signing up on-site at the Venue. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our discretion. STILL Boxing makes no commitment on the quantity, availability, type or frequency at which the Classes, or content and features of the Site, will be available, and we may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion.
c) Use of Class Package Credits. Depending on the Class Package you choose and purchase, you will be allotted credits (“Credits”) to be used solely to book Classes during the validity period applicable to the relevant Class Package purchased. You can choose how you use your Credits across the various Classes available to you.
Credits will expire at the end of the validity period applicable to the relevant Class Package purchased, meaning that any Credits that you don’t use during such validity period will not roll over into future months, unless it is stipulated otherwise. If your Class Package is canceled or terminated, all unused Credits will expire immediately. There will be no refund or payment for any unused or expired Credits. In order to use any Credits, you must purchase a Class Package and maintain an active, valid account with STILL Boxing through registration on the Site. If you have any questions about how to use your Credits, please contact us and we can help you.
Credits have no cash value or any other value outside of the STILL Boxing platform and are not redeemable for cash. For the avoidance of doubt, the Credits do not operate or serve as stored value facilities in any way. You may not transfer, trade, gift or otherwise exchange the Credits.
d) Other Purchases. STILL Boxing may permit you to purchase certain products through the Site. You acknowledge and agree that these Terms apply to any such purchase you make, and you will be responsible to pay the applicable prices or fees, which may be revised by us at any time and from time to time at our sole discretion.
e) STILL Boxing Account. Your STILL Boxing account is personal to you and you agree not to create more than one account. You cannot transfer or gift Classes or Credits to third parties or allow third parties to use your STILL Boxing account, including other STILL Boxing users. You must not use or exploit the Site and/or Classes for commercial purposes. We may update and test various aspects of the STILL Boxing platform. We reserve the right to, and by using the Site and/or Classes you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that STILL Boxing may take actions as we deem reasonably necessary to prevent fraud and abuse.
You agree that the information you provide to STILL Boxing at sign up and at all other times will be true, accurate, current and complete, and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are responsible for maintaining the confidentiality of the information and password relating to your account, and are solely responsible for all activities that occur under your account, including any activity by unauthorized users. You agree to (i) immediately notify us of any unauthorised use of your account, password, or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this duty.
To use the Site you must have access to the Internet and may be required to download a STILL Boxing mobile application to use some or all of STILL Boxing features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site and Classes.
f) Eligibility. The availability of all or part of our Site and/or Classes may be limited based on geographic, age, or other criteria as we may establish from time to time. You understand and agree that you are solely responsible to determine whether you meet the applicable eligibility criteria before purchasing any products or services of STILL Boxing. In the event that it is known to STILL Boxing that you have not met the applicable eligibility criteria, we may disallow you from using or purchasing any products or services of STILL Boxing or may terminate your STILL Boxing account or Class Package at any time based on these criteria without any liability or compensation to you. For example, you must be 18 years of age or older to use the Site and/or Classes and/or purchase a Class Package. You further understand that the Site and/or Classes may not be available in every jurisdiction.
THESE TERMS ARE ONLY APPLICABLE TO USERS IN THE LOCALE. THE SITE OR ANY PRODUCT OR SERVICE OF STILL BOXING IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY STILL BOXING. BY USING THE SITE, YOU REPRESENT THAT YOU ARE A RESIDENT OF THE LOCALE, AT LEAST 18 YEARS OLD AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY.
g) Communications. By providing your information or creating an account, you agree that STILL Boxing may contact you by email, direct mail, telephone or text messages at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with a STILL Boxing account, including for marketing purposes. You may opt-out of marketing emails via the provided unsubscribe link or otherwise opt-out by contacting us at any time. For more information about your rights, please refer to our Privacy Notice.
h) Organization User. If you have express permission from STILL Boxing to open or use an account on behalf of a company, entity, or organization (an “Organization User”), then you represent and warrant that you are an authorized representative of such organization with the authority to bind such it to these Terms; and agree to be bound by these Terms on its behalf. You agree to indemnify and hold harmless STILL Boxing from any claim that such authority did not exist.
3. Fees, Billing, Cancellation
a) Refunds. Generally, all prices or fees paid for the purchase of any Class Package, products or services of STILL Boxing are non-refundable unless it is specifically stipulated otherwise at the time of purchase. However, we will provide a refund to customers for their current prepaid Class Package only in the following circumstances: (i) if you have not used any Credits in your Class Package and request a refund within 3 days of the date of your first payment for such Class Package, or (ii) if your Class Package is cancelled due to your relocation, disability or death; provided, however, in each case we reserve the right to charge a fee to cover the cost of any class or other services or products you may have used or received prior to your cancellation and to ask for proof of such changed condition, to the extent permitted by law. WE DO NOT PROVIDE REFUNDS OR MAKE GOODS FOR ANY PRIOR MONTHS INCLUDING FOR UNUSED CLASS PACKAGES, CREDITS OR CLASSES.
b) Price and Changes. All prices or fees in respect of our products or services are quoted in Singapore Dollars, and are subject to all applicable statutory taxes (e.g. Goods and Services Tax) as may be applicable. We reserve the right to adjust pricing of any of our products or services at any time and from time to time at our sole discretion. Please review the applicable prices or fees before making a payment to STILL Boxing.
c) Payment Methods. You may edit your Payment Method information by logging onto our website and editing it in your account settings. If a payment is not successfully settled due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.
d) Other Fees. You are responsible for paying applicable fees if you do not cancel a Class you had reserved with appropriate notice or do not attend your scheduled Class. Click here for our current cancellation and missed class rules, including the applicable fees. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees (such as a sign-up fee) and to change the amount of any such fees at any time and from time to time at our sole discretion.
e) Reservation and Cancellation of Classes. As a STILL Boxing customer, you must reserve and cancel your Class(es) only through the Site or via a STILL Boxing concierge staff.
f) Third Party Fees for Using STILL Boxing. You are also responsible for all third-party charges and fees associated with accessing and using the Site and/or Classes, including fees such as internet service provider fees, telephone and computer equipment charges, sales tax and any other fees necessary to access the Site and/or Classes.
a) Promotions. STILL Boxing may offer various types of offers and promotions which will be subject to additional terms and conditions that STILL Boxing may provide in the relevant promotional offer materials. In the event of any doubt or question in relation to a term or condition of an offer or promotion, STILL Boxing’s determination and decision shall be final and binding.
5. Termination or Modification by STILL Boxing
You understand and agree that, at any time and without prior notice to you, STILL Boxing may (1) terminate, cancel, deactivate, disable, delete and/or suspend your Class Package, your account, any orders placed, or your access to or use of the Site, your membership and/or Classes (or any portion thereof, including but not limited to your access to any or all Venues, Credits or Classes or services) and/or (2) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Site , including any Class Package. This includes the right to terminate or modify any Class Package prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account and the Site. STILL Boxing shall have no liability for, and you shall have no recourse for, any such termination or deactivation, except as set forth in the following sentence. If you are a Class Package customer, then upon any such termination by us without cause, your sole recourse will be the entitlement for a pro rata refund of the prepaid portion of your Class Package applicable to future unused Credits (less any fees or costs for classes or services already used). If such termination by us with cause (for instance, where we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your Class Package, Classes and/or the Site), you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that STILL Boxing will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your Class Package. If STILL Boxing deletes your account for these reasons, you may not re-register for or use the Site and/or Classes under any other user name, email, payment method or profile. STILL Boxing may block your access to the Site to prevent re-registration. Any suspected fraudulent, abusive or illegal activity that may be grounds for such suspension, discontinuance or termination may be referred to the appropriate law enforcement authorities.
Your privacy is important to STILL Boxing. Our Privacy Notice is hereby incorporated into these Terms by reference. Please read it carefully for information relating to STILL Boxing’ collection, use, and disclosure of your personal data.
7. Prohibited Conduct
Without limiting the prohibitions and restrictions found elsewhere throughout the Terms or under applicable laws, you agree not to:
Harass, threaten, stalk, disrupt or defraud users, members or staff of STILL Boxing or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user’s account or signing up for more than one account;
Share STILL Boxing passwords with any third party or encourage any other user to do so;
Permit anyone to use any Classes or services booked under your name or account;
Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Site;
Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights or notices from any portion of the Site;
Upload material (e.g., a virus) that is damaging to computer systems or data of STILL Boxing or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site;
Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
Decompile, reverse engineer or disassemble the Site, in whole or in part, except as may be permitted by applicable law;
Link to, mirror or frame any portion of the Site;
Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;
Attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
Modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms.
STILL Boxing reserves the right to investigate and take appropriate legal action against anyone who, in its opinion, violates the above provisions, including without limitation, suspending or terminating the account of such violators and reporting them to the law enforcement authorities.
8. Ownership; Proprietary Rights; Content.
a) The Site (including STILL Boxing’s website(s) and mobile application(s)) are owned and operated by STILL Boxing. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), or any music, images, video, text, services, and all other material or elements of or available through the Site provided by STILL Boxing (“Content”) are protected by the copyright, trade dress, patent, and trademark laws of Singapore and other countries in which STILL Boxing may operate, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for user’s content (to the extent where the Site allows users to post, upload, transmit or otherwise make available on or through the Site), all Content contained on the Site are the copyrighted property of STILL Boxing or its subsidiaries, affiliated companies and/or third-party licensors/owners. All trademarks, service marks, and trade names on the Site are proprietary to STILL Boxing or its affiliates and/or third-party licensors, whether registered or unregistered, and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Except as expressly authorized by STILL Boxing, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content and may only access the Content for your personal, non-commercial use. In the event that Content are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Content. All rights not expressly granted in these Terms are reserved.
b) By installing, copying, or otherwise using the Site or its software, you acknowledge that you have read and understood these Terms, and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, do not install, copy, or use the Site or Content.
c) You agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Site or Content. You agree to abide by the rules and policies established from time to time by STILL Boxing. Such rules and policies will be applied generally in a non-discriminatory manner to users of the Site and software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues. You agree not to make any use of the Content that would infringe the copyright therein.
d) The Site and any related software may enable you to obtain, listen to, view, and/or read (as the case may be) Content that may be obtained by you in digital form, and you shall do so solely for your individual, personal, non-commercial entertainment use.
e) You agree not to share your STILL Boxing account with anyone other than yourself nor will you allow anyone other than yourself to access or use any Content accessible on or through the site, including but not limited to sound recordings and/or musical compositions. You agree that you will not attempt to modify any software or Content obtained through the Site for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content. You further understand that you are not granted any commercial, sale, resale, reproduction, distribution, or promotional use rights for the Content, or any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition and any unauthorized reproduction or distribution of Content is expressly prohibited and may violate applicable law. You are not permitted to modify, edit or repurpose any Content.
f) You represent, warrant and agree that you are using the Site hereunder for your own personal, non-commercial entertainment use and not for redistribution or transfer of any kind. You agree (a) not to redistribute, broadcast, publicly perform or publicly display any Content, or otherwise transfer any Content obtained through the Site, (b) you will comply with all applicable laws in your use of the Content, (c) that you will remain a resident of the Locale for the duration of your use of the Site.
g) You understand and agree the Content may be owned by STILL Boxing or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. All owners and providers of Content expressly reserve their rights in and to such Content and you are not permitted to infringe the rights of the copyright owner(s) of the Content, including but not limited to any sound recordings or musical compositions.
h) STILL Boxing and/or the owners of the Content may, from time to time, remove Content from the Site without notice.
i) The owners of Content are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you.
j) The Site, including all software, Content and other information, materials and products included on or otherwise made available to you through the Service are provided “as-is” and “as available” without warranties of any kind from STILL Boxing or any owners of Content. To the fullest extent permissible by applicable law, STILL Boxing and all owners of Content disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither STILL Boxing nor any owner of Content warrants that the Site or any software, Content, information, materials or products included on or otherwise made available to you through the Site are always continuous, uninterrupted, error-free,and free of viruses or other harmful components. No advice or information obtained from the Site or Content will create or imply any warranty.
10. Third-party Sites, Products and Services; Links.
The Site may include links or access to other web sites or services (“Linked Sites”) solely as a convenience to users. STILL Boxing does not pre-screen, monitor or endorse any such Linked Sites, or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, STILL Boxing makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, CONTENT, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Sometimes promotional plans are offered in conjunction with the provision of third party products and services. We are not responsible for the products and services provided by such third parties, and use of such products and services is at your own risk.
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site are solely between you and such third party. YOU AGREE THAT STILL BOXING WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE SITE.
11. Electronic Signatures and Agreements.
By accessing and/or using the Site and/or Classes, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Classes. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY STILL BOXING. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of Credits by other than electronic means.
12. General Disclaimers; No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUR USE OF THE SITE OR CONTENT OF THE SITE, AND YOUR ATTENDANCE AT, PARTICIPATION IN, PURCHASE AND/OR USE OF THE CLASSES, PRODUCTS OR SERVICES OF STILL BOXING, IS SOLELY AT YOUR OWN RISK. STILL BOXING DOES NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO THE SITE, CONTENT OF THE SITE, CLASSES, PRODUCTS OR SERVICES OF STILL BOXING.
IN NO EVENT SHALL STILL BOXING BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE, USE OF OR PARTICIPATION IN A CLASS, PRODUCT OR SERVICE, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY. STILL BOXING IS NOT AN AGENT OF ANY THIRD-PARTY.
ALL ASPECTS OF OR CONTENT OR FEATURES AVAILABLE THROUGH THE SITE AND/OR PRODUCTS OR SERVICES OF STILL BOXING ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STILL BOXING, ON BEHALF OF ITSELF AND ITS AFFILIATES, SUPPLIERS AND PARTNERS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WITHOUT LIMITING THE FOREGOING, STILL BOXING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND/OR ANY PRODUCT OR SERVICE OF STILL BOXING IS SUITABLE FOR YOU OR WILL MEET YOUR PERSONAL NEEDS, (II) REGARDING THE ADEQUACY OR SAFETY OF ANY PRODUCT, SERVICE OR RECOMMENDATION, (III) THAT THE SITE AND/OR ANY PRODUCT OR SERVICE, OR ANY ASPECT THEREOF, WILL BE AVAILABLE OR PERMITTED IN YOUR JURISDICTION, (IV) THAT THE SITE, OR ANY ASPECT THEREOF, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL, CONTENT OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL, CONTENT OR DATA. CERTAIN APPLICABLE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, 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 SITE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
13. Waiver and Release.
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE CLASS, INSTRUCTOR, CURRICULUM OR RECOMMENDATIONS AVAILABLE ON OR THROUGH THE SITE AND/OR CLASSES ARE RIGHT FOR YOU.
YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND THAT THE CLASSES YOU MAY ATTEND OR PARTICIPATE IN OFFER A RANGE OF ACTIVITY AND INTENSITY LEVELS. BY USING ANY PRODUCT OR SERVICE OF STILL BOXING (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING A CLASS), YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES, NEXT OF KIN AND/OR ASSIGNS, THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING ANY PRODUCT OR SERVICE OF STILL BOXING (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING A CLASS) AND TO DETERMINE IF AND HOW PARTICIPATING IS APPROPRIATE FOR YOU. DO NOT USE CLASSES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
YOU ALSO UNDERSTAND AND AGREE THAT THE SITE OFFERS FITNESS AND RELATED INFORMATION THAT IS DESIGNED FOR INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING STATED OR POSTED ON OR OTHERWISE AVAILABLE THROUGH ANY ASPECT OF THE SITE AND/OR A CLASS IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE SITE AND/OR A CLASS AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR FITNESS LEVEL, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON OR THROUGH THE SITE AND/OR A CLASS. THE USE OF ANY OF THE CONTENT, RECOMMENDATIONS AND INFORMATION PROVIDED ON OR THROUGH STILL BOXING IS SOLELY AT YOUR OWN RISK.
THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND STILL BOXING MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN RESEARCH MAY IMPACT THE FITNESS OR RELATED ADVICE THAT APPEARS ON OR IN CONNECTION WITH THE SITE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE OR RECOMMENDATIONS CONTAINED IN OR THROUGH THE SITE AND/OR A CLASS WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL OR CONTENT.
THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS STILL BOXING, ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN OR USE OF THE SITE AND/OR ATTENDANCE AT, PARTICIPATION IN, PURCHASE OF AND/OR USE OF ANY CLASS, PRODUCT OR SERVICE OF STILL BOXING) INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE.
14. Indemnification; Hold Harmless.
You, for yourself and on behalf of your heirs, assigns, personal representatives and next of kin, agree to indemnify, release and hold STILL Boxing, its parent, affiliated entities, subsidiaries, its suppliers, service providers and partners and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, harmless from any claims, demands, actions, suits, costs, expenses, losses, damages, liabilities, including attorneys’ fees, present or future, arising out of or in connection with your use or misuse of the Site, participation in any Classes, use of the STILL Boxing premises and equipment, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms.
15. Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES WILL STILL BOXING OR ITS PARENT, SUBSIDIARIES, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF STILL BOXING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, STILL BOXING’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
STILL BOXING’ LIABILITY TO YOU IS LIMITED TO SGD50 (FIFTY SINGAPORE DOLLARS) OR THE AMOUNTS, IF ANY, PAID BY YOU TO STILL BOXING UNDER THESE TERMS IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS HIGHER. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER STILL BOXING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Venue Waivers and Terms.
In taking the Classes, you are deemed to agree to the liability waivers and terms of STILL Boxing, and you agree to execute a Waiver and Release prior to participating in any Class. Your participation in any Class may be subject to additional policies, rules or conditions of STILL Boxing and you understand and agree that you may not be permitted to reserve or attend classes or services if you do not comply with these Terms or the policies of STILL Boxing. If you have questions about STILL Boxing’s Waiver and Release or other terms, please contact us directly.
17. Infringement Policy.
Please see our Copyright Act document for an explanation of our copyright and trademark policies.
18. Arbitration Agreement.
PLEASE READ THE FOLLOWING CAREFULLY WHICH APPLY TO YOU, SUBJECT TO APPLICABLE LOCAL LAW:
a) Purpose. This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and STILL Boxing. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all disputes between you and STILL Boxing shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Arbitration Agreement, “STILL Boxing” means ClassPass Singapore Pte Ltd and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and STILL Boxing regarding any aspect of your relationship with STILL Boxing, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
b) Pre-Arbitration Dispute Resolution. Before initiating any Dispute, whether in court or arbitration, you must first give STILL Boxing an opportunity to resolve the Dispute by mailing written notification to STILL Boxing, Legal Department, P.O. Box 20103, Greeley Sq. Station, New York, NY 10001. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If STILL Boxing does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
d) Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by applicable federal law, including but not limited to the Federal Arbitration Act (“the FAA”), and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
e) Location of Arbitration. Arbitration shall take place in New York County, New York, but it may proceed by telephone if you so choose.
f) Payment of Arbitration Fees and Costs. STILL Boxing will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
g) Class Action Waiver. Any Disputes arising out of or relating to your use of the Site and/or attendance at, participation in or use of Classes, any purchase you make on or through the Site, any information you provide via the Site, and/or these Terms (including the formation, performance, or alleged breach), shall be submitted individually by you and will not be subject to any class action or representative status. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action). Neither you, nor any other Member of STILL Boxing and/or user of STILL Boxing services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding with respect to the matters set forth in the first sentence of this paragraph. You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and STILL Boxing and is non-severable from the Arbitration Agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then the Arbitration Agreement shall be null and void. You understand that by agreeing to this Class Action Waiver, you may only pursue Dispute against STILL Boxing in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.
h) Limitation of Procedural Rights. You understand and agree that, by entering into this Arbitration Agreement, you and STILL Boxing are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and STILL Boxing might otherwise have a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). By using the STILL Boxing Site or any Class, product or services, or otherwise accepting these Terms, you are entering into this Arbitration Agreement, and you give up those procedural rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
i) Severability. If any clause within this Arbitration Agreement, other than the Class Action Waiver clause above, is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable and the Dispute will be decided by a court of competent jurisdiction.
j) Continuation. This Arbitration Agreement shall survive the termination of your contract with STILL Boxing and your use of the STILL Boxing Site, Classes and services.
a) Choice of Law; Forum. Subject to applicable local law: (i) these Terms shall be governed in all respects by the laws of the State of New York, without regard to conflict of law provisions, consistent with the Federal Arbitration Act (to the extent permitted by applicable law), and (ii) if for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States), the dispute shall be exclusively brought in state or federal court located in New York, New York.
b) Assignment. You may not assign your rights and obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without your prior consent. The Terms will inure to the benefit of our successors, assigns and licensees.
c) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
d) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
e) Entire Agreement. These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and STILL Boxing relating to the subject matter herein.
f) Claims; Statute of Limitations. SUBJECT TO APPLICABLE LOCAL LAW, IN THE EVENT YOU HAVE A CAUSE OF ACTION THAT IS NOT OTHERWISE BARRED BY THESE TERMS, YOU AND STILL BOXING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS AND/OR THE SITE AND/OR ATTENDANCE AT, PARTICIPATION IN, USE OF OR PURCHASE OF CLASSES, PRODUCTS OR SERVICES OF STILL BOXING) MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
g) Disclosures. The services hereunder are offered by STILL Boxing, Inc., located at: P.O. Box 20103, Greeley Sq. Station, New York, NY 10001. Contact us here.
h) Waiver. No waiver of any of these Terms by STILL Boxing is binding unless authorized in writing by an executive officer of STILL Boxing. In the event that STILL Boxing waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of STILL Boxing to enforce the same at a later time. Further, in the event we choose to grant an exception to these Terms, any such exception is in our sole discretion and does not entitle you or anyone else to any exceptions in the future for similar circumstances.
i) Notice. Except as explicitly stated otherwise, legal notices will be served, with respect to STILL Boxing, on STILL Boxing’s national registered agent, and, with respect to you, to the email address you provide to STILL Boxing during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.