Effective Date: Feb 12, 2021
1. Utilisation des services
These terms and conditions of use (“Terms”) apply to services provided under SoulNation’s website and SOULFIT mobile application (“Services”). The Services are provided to you by SoulNation Pte Ltd (hereinafter called “We”, “Our Company” or “SoulNation”). By using the Services, you agree to be bound by the Terms. Please review the Terms carefully.
The scope of the Services may include, but not limited to, provision of offline activities relating to health and fitness (including yoga sessions, gym workouts and outdoor running sessions) that are co-hosted with gyms, personal trainers and other affiliates of SoulNation for users of the Services.
2. Protection des données personnelles
3. Ton compte
In order to use the Services, you may be required to establish an account with SoulNation (hereinafter referred to as ‘Your Account’).
You are required to provide current and accurate identification, contact and any other information required as part of the registration or application process or continued use of the Services. SoulNation cannot and will not be liable for any loss or damage arising from your failure to provide SoulNation with current and accurate information.
SoulNation reserves the right to, without your consent, refuse your registration or application or cancel Your Account at our sole discretion.
You are responsible for maintaining the confidentiality of the information of Your Account and your password. SoulNation cannot and will not be liable for any loss or damage arising from your failure to maintain the confidentiality of the information of Your Account and password.
You agree that you are responsible for all activities that occur under Your Account, and all conduct of all users of Your Account and any content that is created, transmitted, stored, or displayed by, from, or within Your Account while using the Services and for any consequences thereof.
You agree to immediately notify SoulNation of any unauthorized use of Your Account or any other breach of security. SoulNation shall in no way be held liable for any unauthorized use of Your Account or any other breach of security.
4. Content Provided by User
SoulNation may provide discussion forums, events or chat platform for users to share and provide materials, including their personal experience and information or topics of interest to the users, which can be in the form of text, graphic, table or chat, voice or video. Such materials are collectively referred to as “User Content”.
You grant to SoulNation a worldwide, non-exclusive, perpetual, sub-licensable, irrevocable, transferable, fully paid-up and royalty-free licence to reproduce, distribute, modify, prepare derivative works of, display, communicate to the public, publicly perform and otherwise use the User Content in connection with the Services, including without limitation for the purposes of promoting and redistributing part or all of the User Content in any media formats and through any media channel. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in anywhere of the world.
You warrant that you have obtained proper consents, permissions and licences required to provide User Content. At the request of SoulNation, you will provide us with written copies of any such consents, permissions and licences that you are required to obtain. You warrant the authenticity or reliability of the User Content and SoulNation will not take any the risk or responsibility of using the User Content.
5. Propriété intellectuelle
All proprietary rights, intellectual property rights, title and interests related to contents of the Services are reserved and will not be given to you through your use of the Services. You are not allowed to use the Services to infringe on any person's trademarks, patents, copyrights or other intellectual property rights. SoulNation may terminate your right to use the Services if in SoulNation’s opinion you are using the Services in a manner that infringes the trademarks, patents, copyrights or other intellectual property rights of another.
6. Other Prohibited Acts
You shall not include any material in User Content that may be illegal, defamatory, fraudulent, misleading, infringing, obscene, abusive, offensive, harmful to the safety of any person, potentially damaging to any person or other users, aimed at harassing any person or otherwise is inappropriate for display on any place within the Services (these materials are collectively referred to as “Objectionable Content”). SoulNation prohibits any Objectionable Content or abusive users.
7. Removal of User Content
SoulNation reserves the right, at its sole discretion, to remove any of User Content including Objectionable Content at any time without any notification to users.
8. Liens vers des sites tiers
The Services may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of SoulNation and SoulNation is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SoulNation is not responsible for webcasting or any other form of transmission received from any Linked Site. SoulNation is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SoulNation of the site or any association with its operators.
9. One-Time Payments and Subscriptions
SoulNation may offer from time to time certain premium services for a fee. You have the option of making a one-time payment (“One-Time Payment”) or purchasing a subscription (“Subscription”) for such premium services. By way of example, some of these premium services may include message read receipts, or additional matches in a day.
General. Whether you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor, which may be the applicable App Store (like the Apple App Store or Google Play) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
Subscriptions. If you purchase a Subscription, you will be charged the Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each subscription period thereafter (the period of which is communicated to you at the time of your Subscription), at the then-current Subscription Fee. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month on the commencement of each Subscription period, using the Payment Information you have provided until you cancel your Subscription. By agreeing to this Agreement and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or SoulNation. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with this Agreement.
Cancelling One-Time Payment or Subscription. YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF ANY ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF ANY SUBSCRIPTION FEE PAID FOR ANY SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. You may cancel your subscription via the functionality of the App Store. If you cancel, your right to use the Subscription features of the Services will continue until the end of your then current subscription period and will then terminate without further charges.
SOULNATION PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOULNATION DOES NOT REPRESENT OR WARRANT THAT (I) THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (II) ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (III) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE. SOULNATION TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. SOULNATION DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICES.
11. Exclusions et limitations de responsabilité
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOULNATION, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, ENHANCED DAMAGES OR PERSONAL INJURIES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, LOSS OF HEALTH, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICES OR ANY CONTENT; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF SOULNATION HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES OR PERSONAL INJURIES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL SOULNATION’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THIS TERMS AND CONDITIONS EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO SOULNATION DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST SOULNATION, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICES, AND THIS TERMS AND CONDITIONS.
12. Update of the Terms
SoulNation reserves the right to update, change, add to or delete terms, conditions and notice from the Terms, and under which conditions the Services are offered from time to time at our sole discretion without notice or liability to you. You are responsible to periodically review our most current version of the Terms for any updates, changes, additions and deletions at https://soulnation.com/pages/soulfit-terms-and-conditions. By continuing to use the Services following such modifications to the Terms, you agree to be bound by the most current version of the Terms.
13. Chargeable Service and Mobile Services
You agree that some features and services under the Services or Linked Sites may incur fees. Further, the Services or Linked Sites may be accessed or used via mobile devices and other means. You agree that such access and use of mobile devices or other means may also incur fees. You are solely responsible for payment of such fees and shall fully indemnify and protect SoulNation harmless against such fees.
14. Résiliation et suspension
When using the Services, you agree to provide true, accurate, updated and complete information about yourself and regularly and promptly update your registration information to keep it true, accurate, updated and complete.
If SoulNation has reasonable grounds to suspect that any information is untrue, inaccurate, not updated or incomplete, any material in User Content is Objectionable Content or any user is abusive, we have the right to suspend or terminate your registration and use of the Services. SoulNation may also terminate your use of the Services at any time if you are in breach of any of the Terms without any notification.
15. Loi et juridiction
The Terms are governed by and shall be construed in all respects in accordance with the laws of Hong Kong and all the Parties hereto hereby submit to the exclusive jurisdiction of the Hong Kong courts in connection with any matters arising hereunder.