Terms of Use

Welcome to the FitXHub website/digital platform. Please read these Terms of Use (“Terms of Use” or “General User Terms” or “User Terms”) carefully. Our General User Terms /Terms of Use apply to all Users of our Sites and Services including vendors, customers, buyers, reviewers or visitors.

The following Terms of Use govern your use and access of FitXHub’s digital Platforms including websites, apps and social media pages (“Sites” or “Platforms”) and the use of the Services (“Services”). By accessing FitxHub’s Sites and Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use Platforms or the Services. The Terms of Use provides you with information on the do’s and don’ts on the access and use of the FitXHub Platforms.
Among other things, these General User Terms govern use of the Site and participation in the Reviews Programme.
Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the Computer Misuse Act (Chapter 50A) of Singapore.
If you are below 18 years old: Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 years of age or older and you have the requisite mental or legal capacity. If you are under 18, you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and using the Services.
In our ongoing efforts to adhere to applicable law and be transparent about our operations, we may make changes to these General User Terms. If we amend these terms and you do not agree to the new terms, you must immediately cease using our Sites and/or Services. Your use of our FitXHub Sites and/or Services after such notice has posted constitutes your acceptance of the updated General User Terms.

1. Definitions & Interpretation
1.1. Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms of Use.

2. General use of Services and/or access of Platform
2.1. Guidelines to the use of Platform and/or Services: You agree to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies, and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform. By accessing and using our Site, you acknowledge that you are responsible for your actions and for all User Content you post. You also represent and warrant that:
a) That you have all necessary right, power and authority to enter into these General User Terms and to fulfil your contractual obligations hereunder;
b) That any and all information you post or provide, including, without limitation, as part of any registration or application or to gain access to the Site or Services, is true, accurate and not misleading and that you will not allow any other person or entity to use your Account;
c) That the information and User Content you upload, post, e-mail, transmit, or otherwise make available to us or on our Site, including without limitation reviews, trademarks, logos and screenshots, is accurate and you warrant to have all the required rights to download any User Content on our Site;
d) That you will, when posting User Content on our Site, adhere to our Community Guidelines and bear all liability arising from your submission of such User Content through our Sites and/or Services;

2.2. Restricted activities: You agree and undertake NOT to:
a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
b) use the Platform or Services for illegal purposes;
c) attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
d) use any automated means or form of data scraping or data extraction to access, query, download or otherwise collect Our Content or related information from our Site (except as expressly permitted by us) or otherwise without authorization use or upload Our Content; or create new links, reposts, or referrals through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers and data mining tools);
e) duplicate, download, publish, modify or otherwise distribute Our Content for any purpose other than for your own individual use;
f) collect or “harvest” from our Site the personal information of other Users without their consent for the purpose of transmitting unsolicited commercial mass mailings, “spamming” or for any other unlawful purpose;
g) attack our Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them;

h) post, promote or transmit through the Platform or Services any Prohibited Materials;

i) interfere with another’s utilization and enjoyment of the Platform or Services;

j) use or upload, in any way, any software, code or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair, corrupt, interrupt, destroy, compromise, or otherwise limit the functionality the Platform’s data or of any computer software or hardware or telecommunications equipment including another Customer’s computer or mobile device or the Platform or Services;

k) forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted on the Site;

l) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of the Website or our Vendors without our express written consent;

m) avoid, bypass, reverse engineer, interfere with, deactivate, impair, descramble or otherwise circumvent any technical measure implemented by us to administer and protect our Site and Services;

n) access our Site and Services by any means other than through interfaces expressly authorized by us and these General User Terms;

o) use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws;

p) post or otherwise provide User Content that is unlawful, tortious, malicious, defamatory, which infringes rights of any third party, including intellectual property rights, or is otherwise libellous, abusive, unlawfully disparaging, paedophilic, pornographic, obscene, invasive of another’s privacy, promotes illegal activities/conduct, violates local, state, national or other applicable laws or regulations, or does not comply with our Community Guidelines or is an opinion or belief which you do not hold or is untrue;

q) authorise any third party to (i) generate automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks or other actions; (ii) provide information known to be false about a company, products and services; or (iii) advertise anything illegal or engage in any illegal or fraudulent business practice;

r) post or otherwise provide User Content that you do not have the right to make available under any applicable law or contractual or fiduciary relationship (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or information protected under nondisclosure agreements).

2.3. Availability of Platform and Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

2.4. Right, but not obligation, to monitor content:
At our discretion, we may, but are not obligated to, monitor User activity on our Site, and/or edit or remove User Content, which violates or otherwise fails to comply with these General User Terms. We reserve the right, but shall not be obliged to:
a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the Terms of Use contained herein and may take any action it deems appropriate;
b) prevent or restrict access of any User to the Platform and/or the Services;
c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities, and to co-operate with such authorities; and/or
d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

2.5. Privacy Policy:
Your use of the Services and/or access to the Platform is also subject to the Privacy Policy as set out at https://fitxhub.com/sg/privacy-policy .

2.6. Terms & Conditions of Sale for FitXHub, would be subject to the Terms & Conditions as set out at https://fitxhub.com/sg/terms-of-use .

2.7. Additional terms for Vendors:
You acknowledge that you are responsible for your actions and for all Content you post on our Site. You represent and warrant:
a) That you will, when posting Product Listings on our Site, adhere to the Guidelines for Product Listings and bear all liability arising from the Vendor Content within the Product Listing available on our Sites or Services;
b) That you will not post or otherwise provide Content that is unlawful, tortious, malicious, defamatory, infringing, libellous, abusive, disparaging, paedophilic, pornographic, obscene, invasive of another’s privacy, promotes illegal activities/conduct or violates local, state, national or other applicable laws or regulations, is misleading, deceptive, false, inaccurate or a misrepresentation or does not comply with our Guidelines for Product Listings;
c) At our discretion, we may, but are not obligated to, monitor and terminate your activity on our Sites if we reasonably consider that it violates or otherwise fails to comply with these General Vendor Terms, and/or we may edit or remove Content that violates or otherwise fails to comply with these General Vendor Terms.

2.8. Additional terms: In addition to these Terms of Use, the use of specific aspects of the Materials and Services, more comprehensive or updated versions of the Materials offered by us or our designated sub-contractors, may be subject to additional terms and conditions, which will apply in full force and effect.

2.9. Use of Services
Application of this Clause: In addition to all other terms and conditions of these Terms of Use, the provisions in this Clause 2.9 are the additional specific terms and conditions governing your use of the Services.
a) Restrictions: Use of the Services is limited to authorised Users or Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirements of this Clause 2.9.

b) General terms of use:
You agree:
2.9.b.1. to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and
2.9.b.2. to ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.

c) FitXHub reserves the right to cancel or reject any use of this Services at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent.

2.10. Product Description: While we endeavour to provide an accurate description of the Products, we do not warrant that such description is accurate, current, or free from error.

a) Prices of Products: All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.

3. Third Party Vendors:
You acknowledge that parties other than FitXHub (i.e. Third Party Vendors) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by FitXHub or a Third Party Vendor may be stated on the webpage/app listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third Party Vendor and the Customer. You further acknowledge that Third Party Vendors may utilise paid services offered by FitXHub to promote their Product listings within your search results on the Platform. Such Product listing may be accompanied by a “megaphone” logo. < use a dumbbell logo instead?

4. Account Registration and Users with FitXHub accounts:
4.1. Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be:
a) determined and issued to you by us; or
b) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the Username and/or Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorised use of the Username and/or Password or if your Personal Data requires updating.
4.2. Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:
a) access to the relevant Platform and/or use of the Services by you; or
b) information, data, or communications posted, transmitted, and validly issued by you.
4.3. You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorised by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/ or access to the Platform referable to your Username and Password.

4.4. User Accounts: When creating a User Account, you agree to: (i) provide and keep current accurate and complete information about yourself or your company; (ii) maintain the confidentiality of your User Account and log-in credentials, if applicable; and (iii) restrict access to your User Account to all others. You agree to accept responsibility for use of our Sites and all activities that occur under your User Account (except where our negligence has directly caused another person to use your Account without your authority). We are entitled to treat all uses of our Sites that occur under your User Account as having been conducted with your knowledge and authority. If we have reasonable grounds to suspect that the information you provide is inaccurate, incomplete or impersonates another person, we reserve the right to issue notice of such violation and as necessary suspend or terminate your User Account. All Personal Information will be stored and used in accordance with our Privacy Policy . Our Privacy Policy is incorporated by this reference into these General User Terms. By creating a User Account, you agree to accept our Privacy Policy.

5. Vendor Portal, Product Listings, & Vendor Services:
5.1. How our Vendor Offerings Work: Every Vendor has a Vendor Account and Product Listing which they are entitled to access and selectively update via the Vendor Portal. Vendor Accounts and Product Information (including Product Profile and Product Listing) posted on our Sites are, subject to our compliance with applicable laws, non-removable. We reserve the right to create our Vendor Product Listings from publicly available information in order to ensure a comprehensive picture of every segment of the fitness and wellness/relevant industry.
5.2. Vendor Portal: The Vendor Portal is a self-service tool that we make available to vendors, who may log in to update and manage select portions of their Vendor Accounts and Product Listings.
5.3. Vendor Product Listings & Profiles:
a) Vendor Product Listings and Product Profiles are descriptions of Vendors’ products (including vendor name & logo, product name & description, screenshots) created by us from publicly available content, Vendor-contributed modifications and any other content we create or license, which are featured in our online directories. Vendor shall ensure that the Vendor Content it contributes or approves for its Product Listing, Product Profile and other Product Information complies with these General Vendor Terms and with the Guidelines for Product Listings.

6. Our Reviews Programme:
Our Site and Services offer and publish User Reviews. We encourage those who desire to share their experience regarding a product, service or Vendor to submit User Reviews on our Site. You acknowledge and agree that we as the website/Platform operator are merely providing a platform for these User Reviews; and that all such User Reviews represent the opinions of the reviewers of those products, services or Vendors and not those of us. Nothing on our Sites and Services shall be construed as an endorsement of any third party organisations, products or services. From time to time, we may provide nominal incentives (such as gift cards) to encourage submission of reviews, regardless of whether the content of the review is positive or negative. We provide information on our Site to show when a Reviewer has been offered a nominal incentive for submitting a review. Users who are provided with incentives from third party organisations or Vendors to submit reviews should select/check the relevant field/tick box on our User Review form(s) to declare that their review is an incentivised review. They are encouraged to read the content of any code of conduct applicable in their employing company in order to verify whether they must declare all incentives and the amount of the incentives they can accept. Users may opt to post their review anonymously but must submit sufficient information for our reviews team to verify their identity. While a Reviewer may choose not to share Personal Information with the public, we make reasonable efforts to verify their identity before we permit their review to be published.

6.1. Vendor Participation:
All Vendors who access our Site must comply with the General User Terms and the Community Guidelines with regard to their participation in our Reviews programme. The Community Guidelines, in addition to enumerating expectations for Users who are generating User Reviews, also set forth expectations for the Vendors who are reviewed. Among other things, the Community Guidelines set out how we endeavour to ensure: (i) a rigorous evaluation of submitted reviews; (ii) a fair investigation of flagged reviews independent of vendor status (client or non-client); and (iii) an opportunity to respectfully respond to any User Review of their product. For further guidance on the Community Guidelines and Vendor expectations, click here.

6.2. Our Community Guidelines:
When participating in our Reviews Programme, you (whether a User, vendor and/or reviewer) will be given the opportunity at the point of review submission to acknowledge and agree to adhere to our Community Guidelines. Our Community Guidelines set forth the rules of play for Users, reviewers and Vendors. This includes the Quality Assurance (QA) Verification Process, the guidelines each review must meet and the process for flagging reviews for investigation. As a neutral content platform, we will remove reviews that, at our discretion, do not meet our guidelines or do not comply with these General User Terms. Our Community Guidelines further outline the protections we put in place to maintain high-quality, trusted reviews, as well as the respective rights of reviewers and Vendors.

7. Intellectual property
7.1. Ownership: FitXHub Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors, or our service providers. Our Site(s) comprise Content created by us, third parties with whom we work and our Users. Our Site and all intellectual property rights therein, including without limitation the vendor listings we create from publicly available or licensed Content, our Services and/or our domain names (collectively,“FitXHub IP”), is the intellectual property of FitXHub, Fitwellys Pte Ltd its Group Companies and/or its authorized licensors, and may be protected by copyright, trademark and other intellectual property laws. Users may use, view and download the FitXHub IP for User’s personal, non-commercial use in accordance with these General User Terms, the Community Guidelines and applicable Singapore and international copyright, trademark and other intellectual property laws. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.
7.2. Restricted Use: No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 7.1, permission will only be granted to you to download, print, or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials. You acknowledge that you have no right, title, interest in and to FitXHub IP, and you agree not to challenge the validity of our ownership of or rights to them.

7.3. Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.

7.4. Ownership and usage rights :
a) Listed company names are the service marks and trademarks of their respective companies.
b) All intellectual property rights not expressly granted hereunder are expressly reserved to us. Do not post User Content that User uploads, posts, e-mails, transmits or otherwise makes available to us or on our Site, including without limitation User Reviews (“User IP”) or any Information on our Sites if you do not wish to grant the above rights.

7.5. User IP:
a) User represents and warrants that User owns or has secured all necessary intellectual property rights in the User IP, and User further agrees to be liable for all such User IP. You acknowledge and agree that we will disclose your identity to any third parties who are claiming that any Content posted or uploaded by you to our Sites constitutes a violation of their intellectual property rights.
b) By posting User IP (including User Reviews) on our Sites or otherwise submitting User Content to us, User grants to us and our Group Companies, for the intellectual property rights protection period, a, worldwide, irrevocable, nonexclusive, royalty-free and fully sub-licensable right for us to use, reproduce, modify within the limits set by the Community Guidelines, create derivative works of, publicly display, communicate and distribute (either electronically or via other media now known or hereafter devised) the User IP, in whole or in part, in the ordinary course of our business.
7.6. Vendor IP:
a) Except for Product Information lawfully created by us, Vendor retains all right, title and interest in and to the Content it submits to us and the content already implemented in the Product Listing (see below) that it can update or modify, including its logos, trademarks and screenshots (collectively, “Vendor IP”) and grants to FitXHub, Fitwellys Pte Ltd and to its Group Companies a, worldwide, irrevocable, royalty-free, non-exclusive, transferable, sub-licensable license (i) to use the Vendor IP in the ordinary course of the business of FitXHub and the Group Companies (ii) to advertise, market, promote and publicize Vendor and its products on our Sites and our Partner sites and User Review of these Products; and (iii) to modify and/or remove Vendor Content as we may determine in our sole discretion in accordance with the Guidelines for Product Listings.

7.7. Product Listings:
a) FitXHub retains all right, title and interest in and to the Product Listing we create from publicly available content other than Vendor IP and grants to Vendor a right to use, update and (at our discretion) modify the Product Listing (“Modified Product Listing”). Nevertheless, please note:
7.7.a.1. We may make minor modifications to the Modified Product Listing (including adding our own content) to ensure compliance with the Guidelines for Product Listings and for testing and quality control purposes to improve the user experience;
7.7.a.2. We may share the Modified Product Listing (including Vendor account information) internally with our Group Companies in the ordinary course of our business; and
7.7.a.3. We may post the Modified Product Listing on our Content or Sites of our Partners where we place ads in order to drive web traffic and quality leads in the ordinary course of our business.
7.8. All intellectual property rights not expressly granted hereunder are expressly reserved to FitXHub and to the respective owners of such rights.

7.9. Illegal Content Claims:
We respect the intellectual property rights of others and will not tolerate any infringing activity on our Sites that we know about.

If you want to report an illegal content to us so that we can remove it, please provide us with the following information:
a) Date of notification;
b) If you are a natural person: first name, surname, profession, address, nationality, year and place of birth, acknowledgement that you above 18 years of age; if you are a legal person: form of the legal person, name, acknowledgement that you above 18 years of age, address of the head office and the body legally representing the organisation.
c) Your contact information, including phone number and e-mail address at which you may be contacted;
d) Name and address of the recipient, or if it is a legal person, the name and address of its head office;
e) Description of the facts and their precise localisation;
f) Identification of the work or Intellectual Property material being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
g) The reasons explaining why the content should be removed, including the legal grounds and their justification;
h) Copy of the correspondence sent to the author of the illegal content or activity asking for the removal or modification of the content or the justification of that the author could not be reached;
i) Your good faith statement that the use of the work or material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
j) A statement that the information in your notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of the allegedly infringed copyright.
7.10. We may request for additional information or documents as we deem fit to evaluate or take action on your complaint. We reserve the right to seek damages from any person who knowingly, materially submits a copyright notification claim under this section in violation of the law.

8. Refunds/Returns/Repairs/Replacements
8.1. Return Policy: All returns must be done in accordance with the instructions set out in the FitXHub SG Returns Policy.

8.2. Questions and complaints
a) If you have any questions or complaints, (i) you may either contact the Seller /Vendor directly via the Platform or (ii) contact FitXHub using the Contact page on the Platform, as applicable.
b) In the event that Customer is unable to resolve any dispute with the Seller directly through amicable negotiations, FitXHub reserves the right to suggest and implement an appropriate resolution at its sole discretion.

9. Your Submissions and Information
9.1. Submissions by you: You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove, or edit your Submissions.

9.2. Consent to Receive e-mails: You consent to and authorise the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you. Your agreement to the provisions of this Clause 9.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Singapore or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
10. Privacy Policy: You acknowledge that you have read and agree to the Privacy Policy at https://fitxhub.com/sg/privacy-policy and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.

11. Data Protection:
11.1. In adhering to our respective obligations under the current User Terms, we and User each agree to comply with all applicable data privacy legislation including without limitation the Personal Data Protection Act (2012) (“PDPA”) and the Spam Control Act. Our Privacy Policy describes how we collect, use and safeguard your personal information to administer your Services and Site experience. By communicating with us via e-mail or by submitting User Content, including reviews or any other transactional exchange on our Sites, you consent to receive e-mail or other electronic communications from us and our Affiliates in relation to our or our Affiliates’ Services.
11.2. We endeavour through the use of industry standard technical, physical and operational controls to ensure that our Services and Site are compliant with all applicable laws.
12. Representations & Warranties:
12.1. User represents and warrants: (i) that it has all necessary right, power and authority to enter into these General User Terms and to fulfil its contractual obligations hereunder; (ii) that the information that it uploads, posts, e-mails, transmits, or otherwise makes available to us or on our Site, including without limitation content, reviews, screenshots, is accurate and it holds the required rights on them; (iii) that it has not breached any third party rights, including without limitation: intellectual property, publicity or privacy, consumer protection, tort and product liability rights; (iv) that it complies with all applicable security standards and is free from any viruses, including without limitation malware or Trojan horses; and (5) that it complies with all applicable laws, statutes, ordinances and regulations.

13. Disclaimer:

13.1. Subject to the maximum extent permitted by law, your use of our site and services is at your own risk. To the fullest extent permitted by applicable law, our site and services are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including without limitation: any implied warranties of satisfactory quality, fitness for a particular purpose, custom, trade, quiet enjoyment, accuracy of informational content or system integration. To the maximum extent permitted by law, we do not warrant that our site will be secure, available or operate in an uninterrupted or error-free manner; that errors or defects will be corrected; or that the content on our Sites are accurate, complete, up-to-date or appropriate for you and your business needs.
13.2. Our Sites are directed to people residing in or Singapore. We do not represent that content available on or through our Sites is appropriate for use or available in other locations.

14. Limitation of liability
14.1. To the maximum extent permitted by law, we will not be liable for any consequential, incidental, special, indirect, exemplary or punitive damages, linked to or caused by the current User Terms or of the use of our Site or Services, including but not limited to loss of profits, loss of revenues, loss of opportunity, loss of clients and the loss or damage of data or any other interruption of activity (contractual, tortious or defined otherwise by the law), even if we have been informed of the possibility of such damages.
14.2. To the maximum extent permitted law, our and our Affiliates’ aggregate liability to any User whether in contract or tort or otherwise in connection with or arising out of these General Vendor Terms is limited to S$100 (one hundred ($100) Singapore Dollars). Except where our conduct has been fraudulent, we and our Affiliates expressly disclaim liability for any and all disputes arising between Vendors and Users of our Sites and Services. By accessing and using our Sites and Services, you release us and our Affiliates from any and all liability for any and all claims arising from disputes between you and any other Users (including Vendors) of our Sites or Services.
14.3. Vendors: To the maximum extent permitted by law, we nor any Vendor will not be liable for any consequential, special, indirect, exemplary or punitive damages arising out of or in any way related to these General Vendor Terms or the use of our Sites and Services or loss of profits, loss of revenue, interest or goodwill, loss or corruption of data or other interruption of business (whether in contract, tort (including negligence) or under other legal theory), even if advised of the possibility of such damages.

14.4. Indemnification: User agrees to indemnify, defend and hold harmless us, our agents, Affiliates and employees (in its capacity as “Indemnitee”) from and against any and all third party claims, liabilities, losses and expenses (including damage awards, settlement amounts and reasonable attorneys’ fees) arising out of or relating to a material breach by Users or person acting on User’s behalf of these General User Terms or the Community Guidelines, except to the extent such losses and expenses are directly and solely caused by the willful misconduct of Indemnitee.

15. Termination
15.1. Termination by us: In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of the Platform and/or Services and/or disable your Username and Password. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform.
15.2. If we have reasonable cause to believe that User is using or attempting to use Our Site and Services for any purpose that contravenes these General User Terms (including without limitation tampering, hacking, data scraping, modifying or otherwise corrupting the security or functionality of our Site and Services), we will issue notice to User of such violation. If User continues to violate these General User Terms following receipt of such notice, we reserve the right, in our sole discretion and without penalty, to modify or discontinue (temporarily or permanently) User’s access to our Site and Services. Your actions may also be subject to civil and criminal liability.
15.3. User may terminate its User Account at any time by logging into your User Account and selecting the ‘Delete Account’ option. Your User Account will be removed upon successfully submitting the request to Delete your account and your account and its data/contents will not be recoverable to you thereafter. While you still may be able to access certain portions our Site and Services following termination of your Account, you will no longer have access to the full functionality.
15.4. For guidance on termination of Vendor Accounts, please see our General Vendor Terms.
15.5. The parties acknowledge and agree that the Vendor Account and Product Information (including Product Profile and Product Listing) posted on our Site are non-cancellable. We create our Vendor Product Listings from publicly available information in order to ensure a comprehensive picture of every segment of the industry or industry categories covered by our Sites.

16. Notices
16.1. Notices from us: All notices or other communications given to you if:
a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
16.2. Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
16.3. Other Modes: Notwithstanding Clauses 16.1 and 16.2, we may from time to time designate other acceptable modes of providing notice (including but not limited to e-mail, SMS, or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

17. General
17.1. Cumulative Rights and Remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.

17.2. No Waiver: Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

17.3. Severability: If at any time any provision of these Terms of Use shall be or shall become illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid, or unenforceable provision was severed from these Terms of Use.

17.4. Rights of Third Parties: A person or entity who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.

17.5. Governing law: Use of the Platform and/or the Services and these Terms of Use shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore courts.

17.6. Except as provided for in Clause 17.5, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Singapore International Arbitration Centre (SIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the SIAC. The place of arbitration shall be Singapore. Any award by the arbitration tribunal shall be final and binding upon the parties.

17.7. Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

17.8. Amendments: We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms of Use. Our right to vary these Terms of Use in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms of Use.

17.9. Correction of Errors: Any typographical, clerical, or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.

17.10. Currency: Money references under these Terms of Use shall be in Singapore Dollars.

17.11. Language: In the event that these Terms of Use is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.

17.12. Entire Agreement: These Terms of Use along with our Community Guidelines, Product Listing Guidelines and our Privacy Policy shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

17.13. Binding and Conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

17.14. Sub-contracting and Delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.

17.15. Assignment: You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.

17.16. Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability to the extent resulting from a force majeure event beyond the reasonable control of a party, including without limitation, natural disasters, acts of God, war, terrorism, labour disputes and utility failures.

BY ACCESSING AND USING OUR WEBSITE/PLATFORM AND SERVICES, YOU ATTEST THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THE FOREGOING GENERAL USER TERMS.

 

Schedule 1 – Definitions and Interpretation

1. Definitions
1.1. “Customer” means an authorised user of the Platform and/or the Services.
“User” means any user of the Platform and/or the Services including Customers, Vendors, buyers, sellers and/or Visitors.
1.2. “Intellectual Property” means all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.3. “FitXHub Indemnitees” means FitXHub and/or Fitwellys Pte Ltd and all of its respective officers, employees, directors, agents, contractors and assigns.
1.4. “FitXHub”, “we”, “our” and “us” refer to Fitwellys Singapore Pte. Ltd., a company incorporated pursuant to the laws of Singapore under registration number UEN202136169N and having its registered address at 1 Coleman Street, #10-06 The Adelphi, Singapore 179803.
1.5. “FitXHub Payment” means payments made on the FitXHub Platform.
1.6. “Listing Price” means the price of Products listed for sale to Customers, as stated on the Platform.
1.7. “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands, and other liabilities, whether foreseeable or not.
1.8. “Materials” means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications, and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.
1.9. “Order” means your order for Products sent through the Platform in accordance with the relevant Terms & Conditions of Sale.
1.10. “Password” refers to the valid password that a User who has an account with FitXHub may use in conjunction with the Username to access the relevant Platform and/or Services.
1.11. “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. “Personal Data” shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.
1.12. “Platform” means (a) both the web and mobile versions of the website operated and/or owned by FitXHub which is presently located at the following URL: www.FitXHub.com/sg; (b) the mobile applications made available from time to time by FitXHub, including the iOS and Android versions; (c) social media pages operated and/or owned by FitXHub.
1.13. “Privacy Policy” means the privacy policy set out at https://www.FitXHub.com/sg/privacy-policy/.
1.14. “Product” means a product or service (and any installment of the product/service or any parts thereof) available for sale to or acquisition by Customers on the Platform.
1.15. “Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
a) contains any computer virus or other invasive or damaging code, programme or macro;
b) infringes any third-party Intellectual Property or any other proprietary rights;
c) is defamatory, libellous, or threatening;
d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful, or otherwise illegal under the applicable law (including without limitation the provisions of the Singapore Broadcasting Authority (Class Licence) Notification 1996); and/or
e) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
1.16. “Site Services” or “Services” means services, information and functions made available by us at the Platform and/or business services made available by us.
1.17. “Submission” is as defined in Clause 9 of these Terms of Use.
1.18. “Terms & Conditions of Sale for FitXHub” means the terms and conditions governing a Customer’s purchase of the Products and are set out at https://www.FitXHub.sg/terms-of-use/#tos.
1.19. “Terms of Use” means the recitals, all Clauses and any Schedules to these terms and conditions governing the User’s use of the Platform and/or Services and are set out at https://www.FitXHub.sg/terms-of-use/#tos.
1.20. “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
1.21. “Username” refers to the unique login identification name or code which identifies a User who has an account with FitXHub.
1.22. 1.26 “Voucher” means a voucher for credit which may be used by a User, subject to other terms and conditions, towards the payment of purchases on the Platform.
1.23. “Voucher Terms & Conditions” are set out at https://www.FitXHub.com/sg/terms-of-use/.
1.24. “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.
1.25. “Business Day” means a day (excluding Saturdays and Sundays) on which banks generally are open for business in Singapore.
1.26. “Customer Contract” shall be as defined in Clause 4 below.
1.27. “Product Warranty” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.
1.28. “Return Policy” means the return policy set out at FitXHub SG Returns Policy.
1.29. “Third Party Vendor” means a seller which, with FitXHub’s permission, uses the Platform and/or Site Services to sell Products to Customers, and excludes FitXHub.
1.30. “Seller” or “Vendor” means a seller of Products or Services as described in Clause 4 below, and includes a Third Party Vendor.

2. Interpretation
Any reference in these Terms of Use to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In the Agreement, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of FitXHub and the provision which is more favourable to FitXHub shall prevail.

3. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale stated below.

Terms & Conditions of Sale:

4. Purchase or Acquisition of Products
4.1. Your Compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products and/or Services through the Platform, as well as any amendments to the aforementioned, issued by FitXHub (whether as part of use of the Platform or in relation to the purchase of Products, on behalf of Seller/Vendor), from time to time. FitXHub reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
4.2. Product Description: While Seller/Vendor endeavours to provide an accurate description of the Products, neither FitXHub nor Seller/Vendor warrants that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause 6 of these Terms & Conditions of Sale for FitXHub shall apply.
4.3. Sellers: Products are sold by “Sellers” or “Vendors”. FitXHub may be a “Seller” for selected Products. “Seller” may also refer to a party other than FitXHub (such party referred to in these Terms & Conditions of Sale for FitXHub as a “Third Party Vendor” or “Vendor”). Whether a particular Product is listed for sale on the Platform by FitXHub or Vendor or a Third Party Vendor may be stated on the webpage listing that Product. Products sold to you by Sellers/Vendors will be governed by individual Customer Contracts (more details below in Clause 4.6) which:
a) for Products sold by Third Party Vendors, shall be agreements entered into directly and only between the Third Party Vendor and you; and
b) for Products sold by FitXHub, shall be agreements entered into directly and only between FitXHub and you.
4.4. Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Place my Order” or “Purchase” button. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.
4.5. Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 8 below, you may request to cancel or amend the Order which Seller will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Order.
4.6. Seller’s reservation of rights in respect of Orders: All Orders shall be subject to Seller’s acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Seller accepting your Order, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Product(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.
4.7. Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by Seller via the Platform, under the “Specifications” tab in the fields “Warranty Type” and “Warranty Period” for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied.
4.8. Customer’s Acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either FitXHub or Seller. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale for FitXHub and Customer Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Seller otherwise could and you agree that such exclusions on liability are reasonable.
4.9. No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.9:
a) no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Seller;
b) Seller/Vendor binds itself only to deliver Products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Seller’s opinion in that behalf. Neither FitXHub nor Seller gives any warranty as to the quality, state, condition or fitness of the Products;
c) FitXHub shall be under no liability for the following measures and actions taken by the Customer or third parties and the consequences thereof: improper remedy of defects, alteration of the Products without the prior agreement of FitXHub, addition and insertion of parts, in particular of spare parts which do not come from FitXHub;
4.10. Seller/Vendor shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, the Customer or third parties’ failure to follow FitXHub’s instructions (whether oral or in writing) misuse or alteration or repair of the Products without FitXHub’s approval;
4.11. Seller/Vendor is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without FitXHub’s prior written approval and the Customer shall indemnify Seller/Vendor against all Losses arising out of such claims;
4.12. Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment; and
4.13. Seller shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any.

5. Intellectual Property:
5.1. Unless the prior written consent of FitXHub has been obtained, the Customer/User shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.
5.2. Where software applications, drivers or other computer programmes and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as “Product Materials”) are supplied to the Customer by Seller in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of licence or use (such as end-user licences, restrictions or conditions of use) as may be prescribed by Seller or its licensors and must not be used other than strictly in accordance with such terms and conditions.
5.3. The Customer agrees and acknowledges that the Product Materials shall remain the property of Seller or its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of Seller or its licensors. Unless otherwise expressly provided in the Order or the prior written consent of FitXHub has been obtained, the Customer undertakes to return the Product Materials and/or any copies thereof upon FitXHub’s request.

6. Delivery of Products
6.1. Address: Delivery of the Products shall be made to the address you specify in your Order either by Seller or by FitXHub (or its agents) on behalf of Seller.
6.2. Delivery & packing charges: Delivery and packing charges shall be as set out in the Order.
6.3. Tracking: You may track the status of the delivery at the “Order Tracking” page of the Platform.
6.4. Delivery timeframe: You acknowledge that delivery of the Products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed, Seller will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to Seller. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery howsoever caused.
6.5. Deemed receipt: In the event you do not receive the Product by the projected delivery date and provided that you inform FitXHub within 3 days immediately from such projected delivery date, Seller will try, to the best of Seller’s ability, to locate and deliver the Product. If FitXHub does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product.
6.6. Voucher from FitXHub: If there is a delay in delivery of the Products, FitXHub may in its sole discretion offer a Voucher to the Customer. Upon the acceptance of a Voucher by the Customer, the Customer shall have no further claim against Seller/Vendor/FitXHub.
6.7. Customer’s failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Seller, Seller may terminate the Customer Contract.
6.8. Unattended Delivery: FitXHub and/or its vendors provides the option of having your Products left at the Customer’s doorstep, or as otherwise instructed by the Customer, as an “Unattended Delivery.” Please note that some orders will not be eligible for Unattended Delivery. While FitXHub’s goal is to honour the Customer’s preferences whenever possible, FitXHub is unable to guarantee that FitXHub (or our agents) will be able to meet these instructions under all circumstances. If the Customer selected for an Unattended Delivery and no one is available to accept the delivery of the Products, FitXHub (or our agents) will leave the Customer’s Products unattended on or in front of the Customer’s premises, or as instructed. Where the Customer specifically instructs FitXHub (or our agents) to leave the Customer’s Products outside the door, or as instructed by the Customer, of the specified delivery address, such delivery (including unattended vouchers/documents) shall be at the Customer’s sole risk and the Customer accepts all liability and risk of loss, theft, and damage.

7. Prices of Products
7.1. Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Seller (through the Platform).
7.2. Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
8. Payment
8.1. General: You may pay for the Product using any of the payment methods prescribed by FitXHub from time to time. When you place an Order, actual payment will be only charged upon Seller’s acceptance of your Order and formation of a Customer Contract. All payments shall be made to FitXHub, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). You acknowledge that FitXHub is entitled to collect payments from you on behalf of Third Party Vendors.
8.2. Additional Terms: The payment methods may be subject to additional terms as prescribed by FitXHub from time to time.
8.3. Payment Methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include FitXHub), for any failure, disruption or error in connection with your chosen payment method. FitXHub reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
8.4. Invoicing: Seller/FitXHub may invoice you upon the due date of any payment under a Customer Contract.
8.5. Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller/FitXHub shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.
8.6. Refund of Payment:
a) All refunds shall be made via the original payment mechanism and to the person who made the original payment, provided that such refund is processed within 60 days from the time payment was successfully completed, except for Cash on Delivery, where refunds will be made via bank transfer into the individual’s bank account provided that complete and accurate bank account details are provided to us.
b) We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
c) All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.
d) All refunds are conditional upon our acceptance of a valid return of the Product.
e) We reserve the right to modify the mechanism of processing refunds at any time without notice.
8.7. FitXHub Payment is operated by Alipay Singapore Investment Holding Pte. Ltd. (“Alipay”) for Fitwellys Singapore Pte. Ltd. (“FitXHub”)

8.8. Refunds/Returns/Repairs/Replacements
a) Return Policy: All returns must be done in accordance with the instructions set out in the Return Policy at FitXHub SG Returns Policy. Customer may initiate the returns process by communicating with Seller or FitXHub through the Platform, as the case may be. Seller or FitXHub is not obliged to agree to any return unless all such instructions are followed to Seller’s and FitXHub’s satisfaction. Customer acknowledges that a return may be rejected if such instructions are not strictly adhered to. For a valid return, Seller or FitXHub may (as applicable and at their discretion), offer Customer remedies as set out in Clause 8.8. FitXHub reserves the right to reject any requests for refunds, returns or replacements at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent.
b) Permitted Returns: Subject to Clause 6, within 7 days from the date of delivery of the Product, you may return a Product when you receive a product that is fundamentally different in nature from the Product specified in the Customer Contract.
c) Replacement or price reduction: For Products that qualify for a valid return, Seller or FitXHub may offer the following remedies at its sole discretion:
8.8.c.1. Refunds: Seller or FitXHub may offer Customer a partial or full refund of the price paid for the non-conforming Product.
8.8.c.2. Replacements: Seller or FitXHub may offer the Customer a replacement Product in place of the non-conforming Product.
d) In the event that Customer elects to accept a replacement and the Seller fails to do so within a reasonable time, FitXHub may grant to the Customer a reduction of the price in proportion to the reduced value of the Products, the quantum of which shall be determined at its sole discretion. Upon Customer accepting a remedy from the Seller or FitXHub as set out above, the Customer shall have no further claim against the Seller as regard to the non-conforming Product.
e) Return of Non-conforming Products: When Seller or FitXHub has provided replacement Products or given the Customer a full refund, the non-conforming Products or parts thereof shall become Seller’s property. Seller or FitXHub may, at its sole discretion, request such non-conforming Products to be returned back to Seller or FitXHub at Customer’s cost.
9. Questions and complaints
9.1. If you have any questions or complaints, (i) you may either contact the Seller/Vendor directly via the Platform or (ii) contact FitXHub using the “Contact” page on the Platform, as applicable.
9.2. In the event that Customer is unable to resolve any dispute with the Seller directly through amicable negotiations, FitXHub reserves the right to suggest and implement an appropriate resolution at its sole discretion.
10. Termination
10.1. Cancellation by you: You may cancel the Customer Contract before Seller dispatches the Products under such Customer Contract by written notice to FitXHub through our Contact Us page at FitXHub Contact Page. If the Products have already been dispatched, you may not cancel the Customer Contract but may only return the Products in accordance with Clause 6 & 8.
10.2. Cancellation by Seller: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale for FitXHub, Seller, or FitXHub acting on Seller’s behalf, may stop any Products in transit, suspend further deliveries to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:
a) the Products under the Customer Contract being unavailable for any reason;
b) the Customer being in breach of an obligation under the Customer Contract;
c) the Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution;
d) the making of an administration order in relation to the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer’s assets; or
e) the Customer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
f) Termination by Seller in the event of Pricing Error: Seller reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Platform, in which event FitXHub shall, on behalf of Seller, notify you of such cancellation in writing. Seller shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you.

10.3. Risk and Property of the Goods
a) Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Seller/FitXHub has tendered delivery of the Goods.
b) Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until Seller/FitXHub has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by FitXHub to the Buyer for which payment is then due.
c) Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as FitXHub’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
d) The Buyer agrees with FitXHub that the Buyer shall immediately notify FitXHub of any matter from time to time affecting FitXHub’s title to the Goods and the Buyer shall provide FitXHub with any information relating to the Goods as FitXHub may require from time to time.
e) Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) FitXHub shall be entitled at any time to demand the Buyer to deliver up the Goods to FitXHub and in the event of non-compliance FitXHub reserves it’s right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
f) The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of FitXHub but if the Buyer does so all moneys owing by the Buyer to FitXHub shall (without prejudice to any other right or remedy of FitXHub) forthwith become due and payable.
g) If the provisions in this Condition 10 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
h) The Buyer shall indemnify FitXHub against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of FitXHub’s rights under this condition.

11. Limitation of liability
11.1. Sole remedies of customer: the remedies set out in clause 8.8 are the customer’s sole and exclusive remedies for non-conformity of or defects in the Products.
11.2. Maximum liability: notwithstanding any other provision of these terms & conditions of sale for FitXHub, seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of Products under each customer contract, will not exceed the sums that you have paid to seller under such customer contract.
11.3. Exclusion of liability: FitXHub indemnitees shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
a) amounts due from other users of the platform in connection with the purchase of any product;
b) the sale of the Products to you, or its use or resale by you; and
c) any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the Products or failure to comply with seller’s instructions on the use of the Products (whether oral or written).
12. General
12.1. References to “FitXHub”: References to “FitXHub” in these Terms and Conditions of Sale for FitXHub apply both to FitXHub’s actions on its own behalf as Seller and/or as the operator of the Platform or as the agent of Third Party Vendors as Sellers in respect of each and every Customer Contract.
12.2. The rights and protections conferred on FitXHub under these Terms and Conditions of Sale for FitXHub shall be additional to the rights and protections conferred on FitXHub under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by the Customer.
12.3. Any clause in the Terms and Conditions of Sale for FitXHub, Terms of Use, Privacy Policy and other terms and conditions as may be agreed to or accepted by the Customer that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.
12.4. FitXHub reserves the right to alter, modify, add to or otherwise vary these Terms and Conditions of Sale for FitXHub from time to time, and in such manner as FitXHub deems appropriate. The Customer shall be bound by the terms and conditions so amended. In any event, if the Customer continues to use the Services provided by FitXHub after such amendment, the Customer shall be deemed to have accepted the amendments.
12.5. Cumulative Rights and Remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale for FitXHub and Seller’s rights and remedies under these Terms & Conditions of Sale for FitXHub are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms & Conditions of Sale for FitXHub, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale for FitXHub or at law or in equity) operate so as to hinder or prevent Seller’s exercise of any other such right or remedy as at law or in equity.
12.6. Correction of Errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller/Vendor’s part shall be subject to correction without any liability on Seller/Vendor’s part.

Updated: 28 June 2022