We, The Posture Lab Pte. Ltd., own and operate this online platform (The Posture Lab) on the company website and booking system (the Company Site).
Please read these Terms and Conditions carefully as they govern your registration for the use of The Posture Lab and your access to and the use of The Posture Lab and any of the services we make available on The Posture Lab (the Services). If you do not agree to these Terms and Conditions, please do not proceed with the creation of your account. You will not be registered as a user and you are not permitted to access or use The Posture Lab or any of the Services.
1. USE OF THE POSTURE LAB
The Posture Lab and the Services are provided to you for your personal use, subject to these Terms and Conditions. You agree that these Terms and Conditions constitute a legal agreement between you and us governing your registration as a user and your access to and use of The Posture Lab and any of the Services. By creating your account, you acknowledge that you have read and accept and agree to be bound by these Terms and Conditions, and that we extend to you a limited, non-exclusive and non-transferable licence to access and use The Posture Lab and/or the Services subject to these Terms and Conditions.
2.1 Your access to and use of The Posture Lab and any of the Services shall be governed by the latest version of the applicable Terms and Conditions on The Posture Lab. We may, at our absolute discretion, modify these Terms and Conditions at any time and from time to time. Such modifications shall be effective immediately upon posting of the modified terms on The Posture Lab. If we make material changes to these Terms and Conditions, we will notify you via a suitable announcement on The Posture Lab and/or by way of e-mail. If you do not wish to accept the modified Terms and Conditions, please do not continue to use The Posture Lab. Your continued access to or use of The Posture Lab and any of the Services shall be deemed to be your conclusive acceptance of such modified Terms and Conditions.
2.2 We encourage you to check these Terms and Conditions on The Posture Lab periodically for the latest version.
3.1 To register to access and use The Posture Lab and any of the Services, you must be at least eighteen (18) years of age.
3.2 You must ensure that the details you provide during registration are genuine, accurate and complete. You are responsible for the continued accuracy of your details. If there are changes to your details, please update them promptly at the profile page on The Posture Lab so that we can communicate with you effectively.
3.3 When you register to access and use The Posture Lab and any of the Services, you will be asked to create an account by providing your name and e-mail address. Your e-mail address will be your username on The Posture Lab. You agree to be responsible for all activities which occur using your account and/or username. Without prejudice to the generality of the foregoing, you shall be personally responsible and liable for any access to and use of The Posture Lab and any of the Services through your username and password, notwithstanding that it may have been used by any other person without your knowledge or authority. For security reasons, we encourage you to keep your password confidential and to change your password frequently.
3.4 You shall not disclose to any person your username or password and shall not permit or authorise any person to use your username or password for any purpose whatsoever. You agree to take reasonable measures and all due care to protect your username and password against misuse by third parties.
3.5 If you suspect any unauthorized use of your account or any other breach of security, please notify us immediately.
3.6 If we have reason to believe that there is likely to be a breach of security or misuse of The Posture Lab, we may suspend your account or require you to change your password.
3.7 You shall not access or attempt to access a user account that you are not authorised to access.
4. PURCHASE AND PAYMENT OF SERVICES
4.1 Full access to and use of The Posture Lab and the Services shall be granted only to persons who have purchased a session or persons who are affiliated to a The Posture Lab.
4.2 We may, at our discretion, allow customers who have undertaken a session at our facility to be temporary subscribers with limited access to The Posture Lab and some of the Services. To be granted full access to and use of The Posture Lab and the Services, such temporary customers must purchase a subscription.
5. SUBSCRIPTION (ACTIVE AUGUST ONWARDS)
5.1 Full access to and use of The Posture Lab and the Services will be made available to you provided that you hold a valid account on The Posture Lab and we have received payment of the relevant subscription fee (Subscription Fee).
5.2 Access to and use of The Posture Lab and the Services will only be made available to you for the duration of your subscription period. Access to and use of The Posture Lab and the Services in the remaining months in any training plan (outside of your subscription period) will only be made available to you upon your continued payment of the Subscription Fee. We reserve the right to terminate your access to and use of The Posture Lab and the Services, even if your training plan has not been completed, if we do not receive payment of the relevant Subscription Fees upon expiry of the relevant subscription period.
5.3 We reserve the right to revise the Subscription Fees from time to time. Such fee revision will be notified to you via a suitable announcement on The Posture Lab and/or by way of e-mail.
5.4 The Services are provided for non-commercial and personal use only. We reserve the right to refuse subscription order(s) from individuals or business entities who we believe are purchasing the Services for commercial reasons. The reselling of the Services is strictly prohibited, unless such reselling is with our prior written consent.
6. PAYMENT OF SUBSCRIPTION FEE
6.1 Subject to Clause 5.8, and with the exception of fixed duration subscriptions sold through partners and our fitness labs, once your subscription period expires, your subscription to the Services will be automatically renewed for another period of the same duration and the applicable Subscription Fees will automatically be charged to your credit card via the relevant payment gateway. Should there be any change to your credit card details, please update your credit card details on The Posture Lab before the expiry of the existing subscription period.
6.2 You may, at any time during your subscription period, elect to change your subscription plan for the following subscription period by notifying us via The Posture Lab. Upon such notification, once your existing subscription period expires, your subscription to the Services will be renewed for such subscription period as may be elected by you and the applicable Subscription Fees will be charged to your credit card via the relevant payment gateway.
6.3 Payment of the Subscription Fees will be processed through the Stripe or PayPal payment gateway (or a similar payment gateway) and are subject to the terms and conditions of that payment gateway. As such, we do not have records or access to your credit card and other financial details. We will not be liable for any loss or damage you may suffer arising from your use of this payment method.
6.4 The Subscription Fees are non-refundable, except as expressly set out in these Terms and Conditions.
7. ACKNOWLEDGEMENT & RELEASE OF LIABILITY
7.1 By accessing or using The Posture Lab and/or any of the Services, you acknowledge that:
a. exercise, athletic training, racing and fitness activities and programs, including the use of exercise and training equipment, are potentially hazardous activities and may involve a risk of injury or death. By accessing The Posture Lab and using materials provided to you through The Posture Lab (including tests, training methods and dietary information), you do so voluntarily at your own risk and with knowledge of the risks and dangers involved. To the extent permitted by applicable law, you agree to expressly assume and accept any and all risk of injury, illness or death arising from such use;
b. we do not represent or warrant that:
i. your access to and use of The Posture Lab or any of the Services will meet your requirements;
ii. The Posture Lab or any of the Services will always be available or accessible;
iii. your access to and use of The Posture Lab or any of the Services will always be uninterrupted, timely, secure, error-free or virus-free, or free from other invasive or damaging code; or
iv. any errors in The Posture Lab or any of the Services will be corrected;
c. you are required to be physically sound and suffering from no condition, impairment, disease or other illness that would prevent you from participating in exercise, athletic training, racing and fitness activities and programs or using exercise and training equipment;
d. you are responsible for seeking advice from a healthcare professional before participating in any exercise, athletic training, racing and fitness activity or program or in the use of exercise and training equipment. You should be mindful of your current health and any restrictions that are appropriate for you. The information and materials made available to you on The Posture Lab do not substitute specific advice from qualified healthcare professionals. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time; and
e. results may vary on different individuals. We make no representation or warranty regarding the results you will or may achieve from any of the Services we provide to you.
8. PERMITTED USE OF THE POSTURE LAB AND THE SERVICES
8.1 By registering to access and use The Posture Lab and/or any of the Services, you agree to only access and use The Posture Lab and/or the Services in a proper manner as set out in these Terms and Conditions.
8.2 You may submit any content, information or material (User Generated Content) for inclusion on The Posture Lab and via communication tools that are made available through The Posture Lab. While we do not control the submission of any User Generated Content, we do reserve the right to delete, move and edit any unsuitable User Generated Content.
8.3 You are solely responsible for any User Generated Content you submit to The Posture Lab. By submitting any User Generated Content, you represent and warrant that:
a. you understand that any User Generated Content that you post on The Posture Lab in areas that are available to other subscribers becomes public information;
b. you are authorized and permitted to submit the User Generated Content to The Posture Lab;
c. the User Generated Content does not advertise or promote any goods or services of any third party;
d. the User Generated Content does not reveal any confidential information of any third party;
e. the User Generated Content does not contain or link to any unlawful, threatening, abusive, defamatory or indecent material or
material which is deliberately intended to upset other users or against public policy;
f. the User Generated Content does not contain any material which infringe the intellectual property or other rights of any person;
g. the User Generated Content does not contain viruses or any other similarly harmful or contaminating components;
h. you will not:
i. post any User Generated Content which is unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
ii. engage in any activity that bullies, intimidates, harasses, humiliates or demeans any other person;
iii. post any unauthorized commercial communications for advertising purposes, including spam;
iv. transmit User Generated Content that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
v. undermine the security and integrity of The Posture Lab, including attempting to gain unauthorized access to any materials other than those to which you have been given express permission to access; or
vi. vi. Interference with any other persons use or enjoyment of The Posture Lab; and
i. to the extent permitted by applicable law, you will be responsible for any and all of our losses arising out of any breach by you of any of the above provisions.
8.4 By submitting any User Generated Content to The Posture Lab, you grant to us a perpetual, royalty-free, free of charge, worldwide, irrevocable, non-exclusive and fully sub-licensable right to use, reproduce, modify, adapt, communicate to the public, make available, publish, translate, copy, modify, adapt, create derivative works of, distribute, and display such User Generated Content by all means and in any media now known or hereafter developed, both on The Posture Lab and other online locations, and in other forms or media off the Internet.
8.5 You also grant to us the right to use your name in connection with the submitted content, information and material as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications with us. You hereby waive any moral rights you might have with respect to any User Generated Content you submit to The Posture Lab.
8.6 The Posture Lab contains content, information and material submitted by users over which we have no control and we are not responsible for any liability or consequences arising from such content, information and material. We do not promise the accuracy, integrity or quality of the content, information and material supplied to The Posture Lab or endorse the views of such content, information and material.
8.7 The Posture Lab may provide features that allow you to share certain content, information and/or material from your account on The Posture Lab with others on The Posture Lab and/or third party websites via a Share button on the relevant page. You are responsible for any information you choose to share in such instances. As any information that you submit in such instances becomes public information, please consider carefully what you choose to share. The sharing of any content and/or information which does not have a Share button on the relevant page is prohibited. We will not be responsible for any consequences arising from your submission of any information using the Share button.
9. OUR RIGHT TO SUSPEND OR CANCEL YOUR ACCESS TO AND USE OF THE POSTURE LAB AND THE SERVICES
9.1 We are entitled to suspend (indefinitely or for such period as we may consider appropriate) or terminate your access to and use of The Posture Lab and/or any or all of the Services immediately by written notice to you if:
a. you have, or if we have reason to believe that you have, committed a breach of any of the provisions in these Terms and Conditions (including Clause 7.3);
b. we do not receive payment of the relevant Subscription Fees upon the expiry of the relevant subscription period;
c. you become bankrupt; or
d. your user account is inactive for a period of 24 months or more.
9.2 You may terminate your access to and use of The Posture Lab and the Services by notifying us via The Posture Lab prior to the expiry of the relevant subscription period, following which you shall be entitled to access and use The Posture Lab and the Services up to the last day of such subscription period. Following the expiry of such subscription period, you shall immediately cease all access to and use of The Posture Lab and the Services and will cease to have any rights and benefits as a user.
9.3 In the event of a suspension or termination under Clause 8.1, we will not reimburse or refund to you any Subscription Fees already paid to us.
10. AVAILABILITY OF THE POSTURE LAB AND SERVICES
10.1 Although we aim to offer you the best service possible, we make no representation or warranty that The Posture Lab and/or the Services will meet your requirements. Due to the nature of the Internet, we cannot promise that your access to and use of The Posture Lab and/or the Services will be completely free from interruption, third party interception or viruses.
10.2 At any point in time, The Posture Lab will only support one (1) training plan per registered account. Once that training plan is completed or reset by you, all information relating to that training plan will cease to be accessible or made available through The Posture Lab.
10.3 Services will expire as stipulated upon period of purchase:
Physiotherapy: 1 session - 4 weeks
Posture Analysis: 1 session - 4 weeks
Sports Massage: 1 session - 4 weeks; 5 sessions - 6 weeks; 10 sessions - 12 weeks
Personal Training: 1 sessions - 4 weeks; 5 sessions - 6 weeks; 10 sessions - 12 weeks
Performance Coaching: 1 sessions - 4 weeks; 5 sessions - 6 weeks; 10 sessions - 12 weeks
Group Classes: 1 class - 4 weeks; 10 classes - 6 weeks; 20 classes - 12 weeks
10.4 We continually seek to improve The Posture Lab and the Services and may make improvements to any part of The Posture Lab and/or Services from time to time. Your access to and use of The Posture Lab and/or the Services may be occasionally restricted without prior notice to you to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore your access to and use of The Posture Lab and/or the Services as soon as we reasonably can.
11. DISCLAIMER OF THE COMPANYS LIABILITY
11.1 All information provided by us on The Posture Lab is provided in good faith. From time to time, we may provide content from other Internet sites or resources. While we use reasonable efforts to ensure that material included on The Posture Lab is correct, reputable and of high quality, we do not make any representation or warranty in relation to such content.
11.2 To the extent permitted by law, in no event will we, our officers, employees or agents, be liable to you for any direct, indirect, special, incidental or consequential injury, loss or damage which may be suffered or incurred by you or asserted against us by any person, firm or entity whatsoever, in connection with or arising out of:
a. your access to or use of, or any inability to access or use, The Posture Lab and/or any of the Services or any linked website; or
b. your reliance on any content or material obtained from or through The Posture Lab or any of the Services.
11.3 If, notwithstanding the provisions of Clause 10.3, we are held to be liable to you for any injury, loss or damage, whether in contract or tort (including negligence or breach of statutory duty) or otherwise in connection with or arising out of these Terms and Conditions or your access to or use of The Posture Lab and/or any of the Services:
1. we will only be responsible for any direct injury, loss or damage that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use The Posture Lab;
2. we will not be liable for any indirect, special, incidental or consequential injury, loss or damage (including any loss of profits, revenue, business, goodwill, anticipated savings or data or business interruption).
12. CANCELLATION OF SESSIONS
12.1 The Posture Lab will not be deemed to be in breach of any terms whatsoever or otherwise be liable to Members for cancellation or postponement of the sessions/classes (including but not limited to Sports Massage, Physiotherapy, etc.,) due to circumstances (Force Majeure) beyond its control.
12.2 Clients/Patients will be responsible for reschedule sessions 24 hours before booked session and/or cancel to prevent credits deduction.
12.3 Force Majeure shall include but not limited to threat of terrorism or war, public disaster, epidemic, pandemic disease, order of National Government, fire, explosion, strike or lock-out (outside of the direct or indirect control of either party), transportation failure, national grid or local grid failure, national mourning, Royal demise, any Act of God, earthquake, or any adverse weather conditions including but not limited to flood, storm, haze, heavy rains and electric storm, tsunami, which would make the sessions/classes impossible and / or is deemed by The Posture Lab to present a danger to the Members.
12.4 The Posture Lab has the right to cancel or postpone the sessions/classes due to Trainers Illness.
12.5 Trainers Illness shall include but not limited to illness of the Trainer assigned for that particular Outdoor Training Session, and/or death or serious illness or injury to any close family member or spouse of the Trainer assigned.
12.6 Cancellation or Postponement of the sessions/classes in the event of Trainers Illness as set out above then the liability of The Posture Lab shall be limited to a substituted session of sessions for the Members and/or award of Members credit, which can be set off by the Members against their subsequent payment to The Posture Lab, at the sole discretion of The Posture Lab. No further liability whatsoever shall be attached to The Posture Lab.
13 THIRD PARTY CONTENT AND WEBSITES
13.1 As a convenience to you, The Posture Lab may include links to other websites or materials which are beyond our control. We do not accept responsibility for any loss, damage or consequences, however caused, which you may directly or indirectly suffer in connection with or arising from your access to and use of information from content provided on a third party website.
14.1 We may collect, use and disclose your personal information solely to provide you with the Services or to inform you of our products and services.
15 INTELLECTUAL PROPERTY
15.1 All trademarks, tradenames, logos and service marks appearing on The Posture Lab and in the content in the Services (including our name or any of our trademarks) belong to us or our content providers. Nothing in these Terms and Conditions shall be construed as granting you, by implication, estoppel or otherwise, any licence or right to use the trademarks, tradenames, logos or service marks appearing on The Posture Lab or in the content in the Services without our prior written consent and/or the prior written consent of our content providers. You may not, without our prior written consent, use any such trademarks, tradenames, logos or service marks as a hyperlink to The Posture Lab or any of the Services or any other website. Any rights not expressly granted herein are reserved.
15.2 All content in The Posture Lab and the Services is provided by us and our content providers and the intellectual property rights to or over the content in The Posture Lab and the Services belong to us and/or our content providers. All rights are reserved. You may retrieve and display the content of The Posture Lab and the Services on a computer screen and/or the screen of a portable device or print a copy of such content for your own personal, non-commercial use, provided you keep intact all copyright and proprietary notices. The content in The Posture Lab and the Services cannot otherwise be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without our prior written permission. In addition, you agree that the content in The Posture Lab and the Services may not be used for commercial purposes or distributed commercially.
15.3 You may not, or attempt or assist another person to, modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code, the computer systems and other technology that operate The Posture Lab or any of the Services or create derivative works based on The Posture Lab or any of the Services. For the purposes of these Terms and Conditions, reverse engineering shall include the examination or analysis of The Posture Lab or any of the Services to determine the source code, structure, organisation, internal design, algorithms or encryption devices of the underlying technology of The Posture Lab or any of the Services (as the case may be).
15.4 You agree not to remove any copyright or other proprietary notices if you download or print any content on The Posture Lab or which is otherwise made available to you through your access to and use of the Services.
15.5 You shall not attempt to violate, tamper with or circumvent any security measures, encryption codes or technological protection measures in or used in connection with the content on The Posture Lab or otherwise engage in any illegal activity in relation to The Posture Lab, or enable or assist any person to do so.
16 ADVERTISING AND SPONSORSHIP
16.1 The Posture Lab may contain advertising and sponsorship materials. Advertisers and sponsors are responsible for ensuring that materials submitted for inclusion on The Posture Lab comply with all relevant laws and regulations. We will not be responsible for any error or inaccuracy in such advertising and sponsorship materials.
17 APPLICABLE LAW
17.1 These Terms and Conditions are governed by the laws of the Republic of Singapore. You agree to be subject to the non-exclusive jurisdiction of the courts of the Republic of Singapore.
18 INTERNATIONAL USE
18.1 We make no promise that materials on The Posture Lab are appropriate or legal for use in locations outside of the Republic of Singapore. If you choose to access The Posture Lab from locations outside of the Republic of Singapore, you do so on your own initiative and at your own risk.
19.1 To the extent permitted by applicable law, you agree to indemnify us and our officers, employees or agents, from and against all claims, losses, expenses, damages and costs (including reasonable legal fees) suffered or incurred by us arising from your breach of any provision of these Terms and Conditions and/or your use of The Posture Lab.
20.1 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another entity where we reasonably believe your rights will not be affected.18.2 If any provision of these Terms and Conditions is held by court to be contrary to law, then such provision shall be interpreted to reflect the intention of the parties and shall not affect the enforceability of the remaining provisions.18.3 If you breach these Terms and Conditions and we choose not to take any action against you immediately, we will still be entitled to enforce our rights and remedies at a later date and in any other occasion of your breach of the Terms and Conditions.
20.2 We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
20.3 The Company Site and The Posture Lab are owned and operated by The Posture Lab Pte. Ltd. (Company Registration No. 201719893W) having its registered address at *SCAPE, 2 Orchard Link #02-15, Singapore 237978.
20.4 Any queries please contact email@example.com.