TERMS
& CONDITIONS

TERMS OF USE

EFFECTIVE DATE: 1 OCTOBER 2020
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS WHICH SHALL BE LEGALLY BINDING UPON AGREEMENT AND/OR USE OF OUR SERVICES. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU WILL NOT USE OR ACCESS THE SERVICES IN ANY MANNER, SO PLEASE REVIEW THESE TERMS CAREFULLY. Welcome to PWRHOUSE! Please carefully read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (collectively, the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services provided, please contact us at hello@pwrhouse.fit. Please be noted that these Terms of Use (the “Terms”) a binding contract between you and PWRHOUSE. You must agree to and accept all of the Terms, otherwise you don’t have the right to use the Services. Upon your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the PRIVACY POLICY and any other accompanying terms and conditions of sale entered into between you and us for the sale of any products or classes. NOTICE: Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about your agreement on future changes to these Terms, automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

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?

PWRHOUSE takes the privacy of its users very seriously. For the current Privacy Policy, please click here

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 HELLO@PWRHOUSE.FIT.

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. Infringes or violates the intellectual property rights or any other rights of anyone else (including PWRHOUSE);
b. Violates any law or regulation, including, without limitation, any applicable export control laws;
c. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
d. Jeopardizes the security of your PWRHOUSE account or anyone else’s (such as allowing someone else to log in to the Services as you);
e. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
f. Violates the security of any computer network, or cracks any passwords or security encryption codes;
g. Runs Mail list, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
h. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
i. Copies or stores any significant portion of the Content; or
j. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

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.

TERMS
& CONDITIONS

TERMS OF USE

EFFECTIVE DATE: 1 OCTOBER 2020
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS WHICH SHALL BE LEGALLY BINDING UPON AGREEMENT AND/OR USE OF OUR SERVICES. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU WILL NOT USE OR ACCESS THE SERVICES IN ANY MANNER, SO PLEASE REVIEW THESE TERMS CAREFULLY

Welcome to PWRHOUSE! Please carefully read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (collectively, the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services provided, please contact us at hello@pwrhouse.fit.

These Terms of Use (the “Terms”) will be construed as a binding contract between you and PWRHOUSE Sdn Bhd (“PWRHOUSE” or the “Company”). You must agree to and accept all of the Terms, otherwise you don’t have the right to use the Services. Upon your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the PRIVACY POLICY and any other accompanying terms and conditions of sale entered into between you and the Company for the sale of any products or classes.

NOTICE : Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about your agreement on future changes to these Terms, automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.

ARBITRATION NOTICE AND CLASS ACTION WAIVER:

EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
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. PWRHOUSE reserves 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 made. Except for changes made 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 the Company.
2. WHAT ABOUT MY PRIVACY?
PWRHOUSE takes the privacy of its users very seriously. For the current Privacy Policy, please click here.

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 Strength 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 Strength 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 16; if you are a child under 16, 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 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at hello@pwrhouse.fit.
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. After signing up for an account, you will complete your profile by providing your first name, last name, shoe size, birthday, and other 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. The Company 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 about the Services, including messages that PWRHOUSE sends you (for example, via email or text message). 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 authorise 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.
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