PLEASE READ THESE TERMS CAREFULLY.
“Application” means the Wanna Train software application which may be downloaded by you from platforms (such as Apple App Store and Google Play) as we may determine from time to time for use on your smartphone or other mobile devices;
“Confidential Information” means all information in any and all mediums disclosed by one party to another party including, without limitation, data, technology, know-how, inventions, discoveries, designs, processes, formulations, models, equipment, algorithms, software programs, interfaces, documents, specifications, information concerning research and development work, and/or trade and business secrets, current, planned or proposed products, marketing and business plans, forecasts, projections and analyses, financial information, and shall include User Data.
“User” means a user of the Application, whether an individual or a business entity, who has registered for an account through the Application;
“User Data” means information (including personal information) relating to a User, including but not limited to order information, payment information, account information, preferences and tendencies;
“Service” means all or any of the services provided by us to you including but not limited to the services, content and transaction capabilities on the Application and described in Clause 3.1.
The Application offers a shared platform for all Users to be connected through information relating to sports, wellness and fitness-related topics (“the Services”).
No agency, partnership, joint venture or employment is created between you and the Company. You are not our agents or employees and are not authorized to create any obligation, express or implied, on our behalf or otherwise bind us.
The Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship.
You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your User account to any other person or entity.
To become a User, you are required to register and set up an account and to provide information about yourself (such as identification or contact details). You warrant that all information supplied by you in using the Application are true, accurate and up to date. We reserve the right to decline a registration or application for a User account for any reason or for no reason.
By using the Service and by registering for a User account, you agree that:
You agree not to divulge your account details, including your password, to anyone. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately at support@Wanna-train.com.
You shall not:
In the event that the Company determines that you are in breach of Clause 6.2(l) above, without prejudice to the Company’s rights against you (including but not limited to terminating your account pursuant to Clause 11), the Company shall also be entitled to remove any such content posted by you as it may (in its sole discretion) deem fit. In light of the sensitivity of such matters, you agree that you may not challenge the Company’s exercise of its rights in this Clause 6.3.
You agree not to intentionally solicit for employment any of our employees or contractors during the term of this agreement and for a period of twelve (12) months following the termination or expiration of this agreement; provided that it is expressly agreed that any solicitation not directed specifically to our employees or contractors shall not be deemed to be a solicitation for purposes of this provision.
You shall maintain in confidence all Confidential Information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Services, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as they need to know to fulfil their obligations under this Agreement.
The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
The Company and its licensors, where applicable, shall own all rights, titles and interests, including all related intellectual property rights, in and to the Application and by extension, the Service. This includes all interest in and to the Application, User Data, Wanna Train trade names, logos, trademarks, service marks, domain names, social media identifiers, all data collected through or from the Application, all audiovisual content, video recordings, audio recordings, photographs, graphics, artwork, text or any other content created by the Company or at the Company’s direction, and any materials, software, technology or tools used or provided by the Company to conduct its business.
You grant to the Company a non-exclusive, non-transferable, royalty-free right and license to use, transmit and display you or your business entity’s trademarks, service marks, domain names and logos in connection with this agreement, including use for promotional and marketing activities which may be conducted by the Company from time to time.
You grant to the Company an irrevocable, transferable, sub-licensable, royalty-free, non-exclusive right and license to use, copy, modify, adapt, transmit, publicly display, translate, broadcast, stream, publish, reproduce and distribute world-wide all information, audiovisual content, text, logos, images, audio, photographs, graphics, artwork, movie clips and/or content which you transmit, post or submit to the Company or the Application.
If you provide the Company with feedback, suggestions, reviews, modifications, data, images, text, or other information or content (including identifying potential errors and improvements) concerning the Services and/or the Application (collectively, “Feedback”), you irrevocably assign to the Company all right, title, and interest in and to such Feedback and the Company shall be entitled to use, reproduce, disclose, and otherwise exploit the Feedback without attribution, payment or restriction, including to improve the Service, the Application and to create other products and services. You further agree to provide the Company with such assistance as the Company may reasonably require to document, perfect, or maintain the Company’s rights in and to the Feedback., the Company shall be entitled to, and shall treat any Feedback as non-confidential and non-proprietary.
In the event your assignment to the Company is invalid for any reason, you hereby irrevocably grant the Company a perpetual, paid-up, royalty-free, non-exclusive, worldwide, irrevocable, freely transferable, sub-licensable right and license to use, reproduce, perform, display, and distribute the Feedback and to adapt, modify, re-format, and create derivative works from the Feedback for any purpose.
Upon termination of this Agreement:
You acknowledge that your use of our Application is at your sole risk and discretion. All materials, information, products, services, software and other content contained in this Application, or obtained from a linked site is provided "as is" without warranty or conditions of any kind, whether express or implied (including but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, non-infringement, security or accuracy).
We do not warrant or represent that your access to and/or use of the Application will be uninterrupted (whether due to any temporary and/or partial breakdown, repair, upgrade or maintenance of our Application or otherwise) or error-free or that any information, data, content, software or other material accessible through the Application will be free of bugs, viruses, worms, Trojan horses or other harmful components.
We specifically disclaim compatibility between the Application and any software or hardware.
In no event shall we or our directors, employees or agents be liable to you or any third party for any injury, loss, claim, damage, whether based on contract, tort, strict liability or otherwise, or any actual, incidental, special, indirect, exemplary, punitive or consequential (including lost profits or other special damages) which arises out of or is in any way connected with any of the following:
If we are found liable for any loss or damage which arises out of or is in any way connected with any accessing or use of the Application or the Services, then our sole liability to you, whether in contract, tort or otherwise for any loss or damage of any kind shall in no event in the aggregate exceed SGD 100.
Nothing in this Agreement is intended to create, nor shall it be construed as creating, any exclusive arrangement between the parties to this agreement. This agreement shall not restrict either Party from entering into similar arrangements with others, provided it does not breach its obligations under this Agreement by doing so, including without limitation, any confidentiality obligations. In particular, the Company shall be entitled to develop, acquire, license and to market and distribute materials, products or services which are competitive with your products or services, provided that the Company does not use your Confidential Information in so doing.
Subject to the previous sentence, no provision herein is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act (Cap 53B) by any person who is not a party to these Terms.
All the terms and provisions of this agreement shall be binding upon and inure to the benefit of the parties to this agreement and to their respective heirs, successors, permitted assigns and legal representatives. The Company shall be permitted to assign this agreement without notice to or consent from you. You shall have no right to assign or otherwise transfer this Agreement, or any of its rights or obligations hereunder, to any third party without the Company’s prior written consent, to be given or withheld in the Company’s sole discretion.
By downloading the Application, you agree that the laws of Singapore, without regard to principles of conflict of laws, will govern our relationship and any dispute of any sort that may arise.
If the parties are unable to resolve the dispute within 60 days, the dispute shall be referred to and finally resolved by arbitration in Singapore in the English language, conducted in private in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (the “SIAC”) for the time being in force which rules are deemed to be incorporated by reference to this clause. The arbitration shall be conducted before 1 arbitrator. If the parties are unable to agree on an arbitrator, the arbitrator shall be appointed by the President of the SIAC in accordance with the SIAC Rules. Each party shall bear its own costs in connection with the arbitration proceedings.