2. JOGA is an online platform that provides access to plan and book a variety of sports, leisure, fitness, and wellness activities.
3. JOGA is a technology company that provides the Platform and/or Service but not the Activities. The Service enables JOGA members to reserve and join Activities offered by the Partners. It is up to the Partners to offer their Activities to JOGA members and it is up to JOGA members to accept such Activities. The Platform and/or Service provided by JOGA is to connect JOGA members with such Partners but it does not nor is it intended to provide any of the Activities or any act that can be construed in any way as an act of providing the activities.
4. By accessing, browsing, downloading and/or using the Platform and/or Service, you acknowledge that you agree to comply with and be bound by these Terms, as amended from time to time. If you disagree with any part of these Terms, you must immediately discontinue your access and/or use of the Platform and/or service.
5. We may revise or update these Terms at any time by posting a revised/an updated version on the Platform. Unless stated otherwise, any revision or update takes effect immediately. Your continued access and/or use of the Platform and/or Service after a revision or update to these Terms constitutes your binding acceptance of the revised or updated terms.
6. We may change or update the Platform and/or Service and any information on the Platform and/or Service at any time without notice to you or liability to us. We may also suspend, discontinue, or restrict access to, the Platform and/or Service temporarily or permanently at any time without notice to you or liability to us.
7. Headings are inserted for convenience and shall not affect the interpretation of these Terms.
2. PURCHASING AND PAYMENTS
1. As a member you are able to purchase individual activities at the price displayed at each activity page. When you purchase an activity, Organization will (a) process your payment, or hold the credit card number and charge the card for the activity at the time activity service is provided and (b) notify you of the purchase.
2. You must provide us with a current, valid and accepted payment method (as may be updated from time to time, “Payment Method”) to use the Service. By using the service you agree to pay the individual purchase price of each activity. This does not waive our right to seek payment directly from you through any other methods, should the Payment Method fail. You may edit your Payment Method information by adding / deleting / selecting a card at the payment page (mobile application) to confirm your activity booking. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, you remain responsible for any unpaid purchases fees and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing date. We use third party payment service providers to facilitate your Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreement between you and your financial institution, credit/debit card issuer or other provider of your selected Payment Method. We disclaim all liabilities associated with the security of the Payment Method. You shall be responsible to resolve any disputes with your financial institution, credit/debit card issuer or other provider of your selected Payment Method.
3. Your purchase of an activity and / or monthly subscription fee is inclusive of applicable taxes where required by law. You agree that your fee shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend us to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
4. Purchases are not refundable and we will not refund or credit for any partially used or unused activities unless you provide credible evidence to us to prove that you have been wrongly billed or such other circumstances on a “case to case” basis as we may decide in our sole and absolute discretion.
3. PURCHASING AND PAYMENTS
1. You may search for Activities and Partners and view related information about activity types and times, instructors’ information as well as Partners’ locations and other related information such as amenities and other offerings. We may also feature an Activity as an advertisement on the Platform or on any other social media sites, but this is not a recommendation or endorsement of such Activity. We make no guarantees or representations on the quality or nature of the Partners or Activities.
2. You must reserve / book an Activity on the Platform (mobile application) in advance before you join the Activity. Some Activities are popular, so make sure you plan in advance. Upon visiting the Activity, you may be asked to show your identity card/passport for verification purposes. Please make sure it matches with your official name in your Account. We make no guarantees or representations on the availability of Activities available for reservation as access to the Activities is on a “first come first serve” and “space available” basis. You may reserve up to the total number of Activities offered by each respective service provider. Activities can be reserved in advance and respects the terms selected by. We reserve the right to change, remove or add the Partners without notice to you or liability to us.
3. You may rate your experience gained from the Activity or write a free-text review. By posting your rating and/or review on the Platform, you grant us an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, publish, list information regarding, remove, translate, distribute, publicly perform or display, and make derivative works of your rating and/or review in whole or in part, in any form, media or technology, whether now known or hereinafter developed for any purposes, including for the purpose of marketing and promoting JOGA and the Platform and/or Service in any media formats and through any media channels, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. We may, in our sole and absolute discretion, choose to monitor, review or remove your rating and/or review if we think your rating and/or review has violated these Terms.
4. If you provide us with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Platform and/or Service (“Feedback”), we have the right to use such Feedback in our sole and absolute discretion. You grant us an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to incorporate and use your Feedback for any purposes.
5. If you provide us with other form of user content, whether in textual, audio and/or visual form, including submission of entries for competitions and promotions, such user content remains your property. However, by providing user content to us, you grant us an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, modify, publish, list information regarding, edit, remove, translate, distribute, publicly perform or display, and make derivative works of your user content in whole or in part, in any form, media or technology, whether now known or hereinafter developed for any purposes, including for the purpose of marketing and promoting JOGA and the Platform and/or Service in any media formats and through any media channels, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all user content or you have all rights, licenses, consents and releases necessary to grant us the license to the user content as set forth above; and (ii) neither the user content nor your submission, uploading, publishing or otherwise making available of such user content nor our use of the user content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide user content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole and absolute discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove user content, in our sole and absolute discretion and at any time and for any reason, without notice to you or liability to us.
6. JOGA maintains a free cancellation policy before the stipulated (by the Partner) cancellation deadline. If you wish to cancel your Activity reservation, you must do so in accordance with the cancellation cut-off time specified by the Partner. If you cancel your reservation of an Activity after the cancellation cut-off time, this will be considered as a late cancellation or if you do not show up at your reserved Activity, this will be considered as a no-show. You will be liable for a penalty fee per late cancellation/no-show, depending on the country in which you reserved the Activity.
Activities cancelled late or no-show under will be subject to a fee charge stated on class details, and it is accepted by the time of booking / reserving an activity.There will be no refunds (either in the form of money or credit) for purchased activities that are not cancelled before the stipulated deadline or that you did not attend (no-show). There will also be no refunds for any partially used or unused activity unless you provide credible evidence to us to prove that you have been wrongly billed.
We reserve the right to suspend or terminate your Account without compensation to you and/or prevent your access to the Platform and/or Service if you are found to have repeatedly violated this policy. We reserve the right in our sole and absolute discretion to remove certain Activities from the Platform and/or Service. We shall not be liable for the Activity cancellation or no-show by our Partners.
7. By signing up with JOGA, you agree to receive certain email and other communications in connection with the Platform and/or Service. For example, you might receive review requests, Activity reservation and cancellation confirmations from other JOGA members. Communications relating to your Account will only be sent for important purposes, such as password recovery. You will also receive our e-mail newsletter from time to time. You can opt-out from receiving our e-mail newsletter by clicking the “Unsubscribe” link at the bottom of the e-mail.
8. The subscription plan is only open to those who have attained the age of 18 or above, or the age of majority in your country. By signing up with JOGA, you represent and warrant that you are at least 18 years of age. If you are under the age of 18 or the age of majority in your country, you are not allowed to sign up for a subscription plan and may only use the Activities under the company or supervision of a parent or legal guardian, under such person’s Account and otherwise subject to these Terms.
9. Every member is only entitled to create one account per person. Any member who creates multiple accounts with single identity or multiple identities shall be in violation of these Terms and shall have his Account suspended/terminated and shall not be allowed to have access to the Platform and/or Service upon suspension/termination. We and/or our Partners reserve the right to review and investigate all allegations of fraudulent activities and to take any and all measures we and/or our Partner deem necessary to ensure a fair sign up scheme is implemented accordingly.
10. When using the Platform and/or Service, you will be subject to any additional guidelines or rules applicable to specific products, services or features which may be posted from time to time (“FAQs”). All such FAQs are hereby incorporated by reference into these Terms. In the event of any inconsistencies or discrepancies between these Terms and the FAQs, these Terms shall prevail. Should you have any questions, please send us an email to info@JOGA.com.
4. YOUR OBLIGATIONS
1. You are solely responsible for your own internet connection/telecommunication charges incurred for accessing and connecting to the Platform.
2. You may access and view the Platform and may save an electronic copy or print out a copy of the materials from the Platform, solely for your own personal and non-commercial use. All copies that you make must be in the form as presented on the Platform and must include all applicable copyright and other notices on the Platform. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or for any commercial use.
3. You must comply at all times with any instructions for use of the Platform and/or Service which we make from time to time.
4. You must keep your username and/or login password secure and:
(a) not permit any other person to use your username and/or login password, including not disclosing or providing it to any other person; and
5. You should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. Prior to participating in any of the Activities, you should seek the advice of your doctor or other qualified healthcare professional if you have any concerns or questions about your health. By using the Service and/or joining the Activity, you acknowledge and agree that your participation in any of the Activities offered by our Partners is entirely at your own risk and you shall have no recourse whatsoever against us and our Partners.
6. You must not:
(a) act in a way, or use or introduce anything (including any virus, worm, Trojan horse, time bomb, keystroke logger, spyware or other similar feature) that may compromise, damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, network, data or personal data stored on the Platform;
(b) use the Platform in any manner that could damage, disable, overburden or impair any of our server, or the networks connected to our server, or interfere with any other party’s access and use of the Platform;
(c) attempt to gain unauthorised access to the Platform, other JOGA members’ Accounts, computer systems or networks connected to our server, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
(d) obtain, or attempt to obtain, any information through any means not intentionally made available on or through the Platform;
(e) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform;
(f) license, sub-license, sell, re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;
(g) modify or create a derivative work based on the materials on the Platform, nor decompile, decipher, reverse-engineer or disassemble or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform in order to build a competitive product or service; build a product using similar ideas, features, functions or graphics of the Platform; or copy any ideas, features, functions or graphics of the Platform;
(h) link to, mirror or frame any portion of the Platform;
(i) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform;
(j) intentionally or unintentionally cause or attempt to cause physical or property damage or harm to any JOGA members or Partners; and/or
(k) permit third parties (including other JOGA members) to use any Activities reserved under your account, unless such Activities are reserved for a child’s use, in which case, the child must be accompanied or supervised by you when he/she uses the Activities.
7. You hereby agree to indemnify and hold us, our affiliates, and each of our and their respective directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives harmless against all losses, damages, claims, liabilities, expenses or costs that arise from or in connection with:
(a) your access and/or use of the Platform and/or Service;
(b) your breach of any of these Terms or any applicable law or regulation;
(c) your dealing with the Partners, including your breach of any terms set by the Partners or the rights of any third party, including the Partners;
(d) any other party's access and/or use of the Platform and/or Service using your username and/or login password; and/or
(e) any other party's breach of any of these Terms where such party was able to access and/or use the Platform and/or Service using your username and/or login password.
8. Any rights relating to the use of the Platform and/or Service not expressly granted herein are reserved and no license or right is granted to you by implication, estoppel or otherwise.
5. INTELLECTUAL PROPERTY
1. We are the owner (or the licensee, where applicable) of all proprietary and intellectual property rights on the Platform (including all information, data, texts, graphics, visual interfaces, artworks, photographs, logos, icons, sound recordings, videos, look and feel, software programmes, computer code, downloadable files, software applications, interactive features, tools, services) or other information or content made available on or through the Platform.
2. We grant you, subject to these Terms, a non-exclusive, non-transferable, non-assignable, personal, limited license to access and use the Platform and/or Service for your own personal and non-commercial use. This license is revocable at any time without notice to you or liability to us. All rights not expressly granted to you are reserved by us.
3. The terms “JOGA”, “JOGA app”and our logo are our trademarks, trade names and service marks. Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the marks “JOGA”, “JOGA app”.
4. All other trademarks, trade names, service marks, product names and logos contained herein that are not owned by, licensed to or controlled by us are used in an editorial fashion only, and to the benefit of respective owners, with no intention of trademark infringement.
1. While we endeavour to ensure that the information and materials on the Platform and/or Service are correct, no representation, warranty or guarantee, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. The information and materials on the Platform and/or the quality of the Service are provided to you for information purposes only and on an “as is” and “as available” basis without representations, warranties or guarantees of any kind either express or implied.
2. Whilst we endeavour to make the Platform available 24 hours a day, we shall not be liable if for any reason the Platform is unavailable for any time or for any period. We make no representation, warranty or guarantee that your access to the Platform will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
3. To the extent permitted by law, we and our licensors hereby disclaim all warranties, express or implied, statutory or otherwise, in respect of the Platform and/or Service and we and our licensors have no liability or responsibility to you or any other person (even if we have been advised as to the possibility) for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with:
(a) the Platform and/or Service being unavailable (in whole or in part), interrupted or performing slowly;
(b) any error in, or omission from, any information made available through the Platform and/or Service;
(c) any other party's access and/or use of the Platform and/or Service using your username and/or login password;
(d) any exposure to malicious software including but not limited to, viruses, computer worms, Trojan horses, spyware or other harmful forms of interference which may damage your computer system, mobile device, software, data or other property or expose you to fraud when you access or use the Platform and/or Service. To avoid doubt, you are responsible for ensuring the process by which you access and use the Platform and/or Service protects you from this; and/or
(e) any site linked from the Platform and/or Service. Any link on the Platform and/or Service to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
4. We make no representation, warranty or guarantee:
(a) that the Platform and/or Service is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Platform and/or Service is not illegal or prohibited, and for your own compliance with applicable local laws;
(b) that the Platform and/or Service will be compatible with all hardware, software and operating system which you may use;
(c) about the accuracy, reliability, suitability, completeness or timeliness of the Platform and/or Service or of any information from the Partners, such as class times, locations and descriptions; and/or
(d) about the quality, suitability, safety or ability of the Partners’ services.
5. We are not responsible nor liable for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, cost or expense, whether in contract, tort (including negligence, injuries or other health or medical problems), that you may suffer or incur as a result of or in connection with the acts, omissions and/or negligence of any Partner who provides the Activities to you.
7. EXCLUSION OF LIABILITY
1. To the maximum extent permitted by law:
(a) your access and use of the Platform and/or Service is entirely at your own risk; and
(b) we, our respective directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives are not liable or responsible to you or any other person for any direct, indirect or consequential loss (including loss of profit and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with these Terms, the Platform and/or Service, or your access and use of (or inability to access or use) the Platform and/or Service.
2. To the extent our liability cannot be excluded but can be limited, our liability shall not exceed SGD 100.
3. To the maximum extent permitted by law our total liability to you in connection with the Platform and/or Service, or your access and use of (or inability to access or use) the Platform and/or Service, shall not exceed SGD 100.
3. Our postal address is JOGA Holdings Pte Ltd, 28, Bukit Pasoh Road, 089842, Singapore. Our email address is info@JOGA.com.
9. SUSPENSION AND TERMINATION
1. We reserve the right, in our absolute discretion, to monitor any and all access and use of the Platform and/or Service.
2. Without prejudice to any other right or remedy available to us, if we consider that you have breached any of these Terms or we otherwise consider it appropriate, we may immediately, and without notice to you or liability to us, suspend or terminate your Account and access to the Platform and/or Service (or any part of it) without compensation to you and we may block access from a particular Internet protocol address to the Platform and/or Service (or any part of it) in the event of any breach of these Terms. In addition, we reserve the right to seek all remedies available under these Terms, at law and in equity for breach of these Terms.
3. On suspension or termination of your Account, you must immediately cease using the Platform and/or Service and must not attempt to gain further access.
10. LINKS TO OTHER WEBSITES
1. Any links provided on the Platform are provided for your convenience only. Should you leave the Platform via such a link, the content that you view in such linked web page or website owned or operated by third parties is not provided or controlled by us. We have not developed or reviewed, and are not responsible for the consequences of your accessing the linked web page or website, and/or the content at those web pages or websites. We make no guarantee, representation or warranty as to, and have no liability for, any content at those websites, including, but not limited to, guarantees, representations and warranties regarding truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any particular purpose or any representations, warranties or guarantees arising from usage, custom or trade or by operation of law.
2. Any such link to other linked web pages or websites on the Platform does not constitute an endorsement, authorisation, verification or representation that we are affiliated with the operators or owners of those linked websites, or the contents.
3. You agree that your access to and/or use of such linked web pages or websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.