1. WILL THESE TERMS EVER CHANGE?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the PWRHOUSE.FIT website, by sending you an email, and/or by some other means.
If you do not agree with the new Terms, you are free to reject them. Unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
2. WHAT ABOUT MY PRIVACY?
Minors who are below 16 years old may not use the Services unless a parent or guardian has registered for the Services and accompanies such minor to all classes at all time. If you are 16 or 17 years old, you may be able to register for the Services and attend classes without a parent or guardian. No users under 17 years may take any lifting classes (whether or not accompanied by a parent or guardian). If you are 17 years old or older, you may register for the Service and take any classes that PWRHOUSE offers. We reserve the right to reject your entry for any lifting classes if you are under 17 years old or to ask for identification to confirm age prior to your entry into any class.
We do not knowingly collect or solicit personally identifiable information from children under 14; if you are a child under 14, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 14, we will delete that information as quickly as possible. If you believe that a child under 14 may have provided us personal information, please contact us at [email protected].
3. WHAT ARE THE BASICS OF USING PWRHOUSE?
You will be required to sign up for an account with your email address and to select a password. Although not required, after signing up for an account, you have the option to complete your profile by providing your first name, last name, shoe size, birthday, and information about why you are joining PWRHOUSE. If you want to buy class credits or products, you will need to provide your credit card information and billing address. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age with legal capacity to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You will only use the Services for your own internal (except to the extent that you book a class for another user), personal, non-commercial use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for you using the Services in a way that breaks the law and you shall be responsible for any damage, injury or unlawful act committed. You agree to indemnify and hold PWRHOUSE harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your unlawful act or conduct.
You will not share your account or password with anyone, and you must protect the security of your account and your password. It is your responsibility for any activity associated with your account. We shall not be liable for your reckless act of disclosing, sharing, leaking or any other conduct may jeopardize the security of your account or password.
4. WHAT ABOUT MESSAGING?
As part of the Services, you may receive communications through the Services, including messages that PWRHOUSE sends you (for example, via email or texts). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your email address, you confirm that you want PWRHOUSE to send you information regarding your account or transactions with us and that we think may be of interest to you, and you agree to receive communications from PWRHOUSE, and you represent and warrant that each person you register for the Services or for whom you provide an email address has consented to receive communications from PWRHOUSE. You agree to indemnify and hold PWRHOUSE harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
5. ARE THERE RESTRICTIONS IN HOW I CAN USE THE SERVICES?
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services and we shall reserve our legal right to take legal action against you.
6. WHAT ARE MY RIGHTS IN THE SERVICES?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws and shall be properties of PWEHOUSE at all time. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including PWRHOUSE’s) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You understand that PWRHOUSE owns the Services. You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
7. DO I HAVE TO GRANT ANY LICENSES TO PWRHOUSE OR TO OTHER USERS?
Anything you post, upload, share, store, or otherwise provide through the Services, including your profile photo, is your “User Submission” by your free will. You are responsible for your User Submissions, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. In order to display your User Submissions on the Services, you hereby grant PWRHOUSE a royalty-free, perpetual, sublicensable, irrevocable, and worldwide license to use, host, reproduce, modify (for technical purposes, for example making sure your photo is viewable on an iPhone as well as a computer), adapt, publish, translate, create derivative works from, distribute, perform, and display your User Submissions, in each case to enable us to operate the Services. When you delete your account, however, we will stop displaying your User Submissions, but you understand and agree that it may not be possible to completely delete that content from PWRHOUSE’s records.
You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incites hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) violate any law.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services and we shall reserve our legal right to take legal action against you.
8. WHAT IF I SEE SOMETHING ON THE SERVICES THAT INFRINGES MY COPYRIGHT?
We’ve adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe is in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
Please contact PWRHOUSE’s Designated Agent at the following address: [email protected].
9. WHO IS RESPONSIBLE FOR WHAT I SEE AND DO ON THE SERVICES?
We would not be able to control and thus have no duty to take any action regarding how you may interpret and use any Content or what actions you may take as a result of having been exposed to the Content, and you hereby agree to release us from all liability for you having acquired or not acquired Content through the Services.
PWRHOUSE has no control over, and thus assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, PWRHOUSE will not and would not be able to monitor, verify, censor or edit the content of any third party site or service. By using the Services, you agree to release and hold us harmless from any and all liability arising from your use of any third party website or service. If there is a dispute between any users, or between users and any third party, you agree that PWRHOUSE is under no obligation to become involved. In the event that you have a dispute with one or more other users, you agree to release PWRHOUSE, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
10. WILL PWRHOUSE EVER CHANGE THE SERVICES?
We are always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
In the event, a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information or on any related website is inaccurate at any time without prior notice.
11. DO THE SERVICES COST ANYTHING?
Certain features of the Services may be free (for example, viewing Content). Other features (such as booking a class) will require payment (“the Paid Services”). PWRHOUSE may limit or cancel quantities of class credits purchased, and reserves the right to refuse any order. In the event PWRHOUSE needs to make a change to an order, it will attempt to notify you by contacting the email address or billing address provided at the time the order was made. The prices displayed are quoted in Malaysian Ringgit and is valid only in Malaysia. Prices are subject to change at any time. Sales tax will be determined by the shipping address of the order and will automatically be added to the order. PWRHOUSE is required by law to apply sales tax to certain orders.
12. WHAT IF I WANT TO STOP USING THE SERVICES?
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights and confidentiality obligations, and terms regarding disputes between us, including without limitation the arbitration agreement.
13. CAN I REFER OTHER USERS?
From time to time, PWRHOUSE may offer special offers for referring other users to the Services. In order to participate in such special offers, a referring user (“Referrer”) must log in to their account and receive a custom link for the special offer. Referrer may forward the custom link to any number of individuals who are not presently registered users of the Services (“Referee”). A registered user is someone who already has an existing account with PWRHOUSE. There is no limit to the number of referrals that Referrer can make, nor the cumulative credits that the Referrer may receive through such a special offer, unless otherwise indicated. For each Referee that follows the custom link sent by the Referrer and registers for the Services, and then makes a qualifying purchase using that newly created account, PWRHOUSE will automatically credit the Referrer’s account with the specific amount listed in the particular special offer. All Referees must be first-time recipients of the offer to join the Services, and multiple referrals to the same individual will be disregarded. PWRHOUSE reserves the right to revoke from Referrer and Referee the special offer at PWRHOUSE’s discretion for any reason or for no reason whatsoever. Unless specified otherwise on the Services, all credits issued pursuant to such special offers, for both Referrer and Referee, shall automatically expire after 12 months if not used. In order to be eligible to receive special offers, PWRHOUSE may require Referrer or Referee to have a valid credit card on file in that Referrer or Referee account. If PWRHOUSE determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, PWRHOUSE reserves the right to (a) revoke any credits issued to either Referrer or Referee and/or (b) charge the Referrer’s or Referee’s credit card for any credits used by Referrer or Referee prior to such revocation and for any credits issued by PWRHOUSE to any ineligible Referrer or Referee. PWRHOUSE reserves the right to modify or terminate any special offers at any time. All special offers are subject to any other terms, conditions and restrictions set forth on the Services or presented in connection with the special offer.
14. WHAT ELSE DO I NEED TO KNOW?
Warranty Disclaimer. Except as explicitly set forth in these Terms, PWRHOUSE and its licensors, suppliers, partners, 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 (PWRHOUSE and all such parties together, the “PWRTEAM Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services or any products (including the bike), and the PWRTEAM Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of or in any way related to your participation in or use of the Services. The PWRTEAM Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services, including, without limitation, any products or the bike. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS-IS” and without any warranty of any kind from the PWRTEAM Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY PWRHOUSE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE PWRTEAM PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION ARISEN FROM YOUR RECKLESS CONDUCT, OR CARELESS USE OF OUR SERVICES OR FACILITIES, (B) ANY RECKLESS OR CARELESS USE OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF RM100 OR (D) ANY MATTER ATTRIBUTED FROM YOUR OWN RECKLESS CONDUCT, OR (E) ANY MATTER BEYOND OUR REASONABLE CONTROL.
Indemnity. You agree to indemnify and hold the PWRTEAM Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account) and any products (including the bike), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without PWRHOUSE’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under Law of Malaysia Only
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with PWRHOUSE and limits the manner in which you can seek relief from PWRHOUSE. Both you and PWRHOUSE acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, PWRHOUSE’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the PWRHOUSE may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, and that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties so that these Terms shall otherwise remain in full force and effect and enforceable. You and PWRHOUSE agree that these Terms are the complete and exclusive statement of the mutual understanding between you and PWRHOUSE, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of PWRHOUSE. Except as expressly set forth in the sections above regarding the arbitration agreement, you and PWRHOUSE agree there are no third party beneficiaries intended under these Terms.
15. CONSENT TO USAGE OF PERSONAL DATA
You hereby agree that we may collect, obtain, store and process your personal data that you provide to us and you hereby give your consent us to:-
For the avoidance of doubt, Personal Data includes all data defined within the Personal Data Protection Act 2010 (which may be amended) including all data you had disclosed to us in this Form.