The terms and conditions of this Agreement govern your use of the services (“Services”) provided by Fitness Innovations (M) Sdn. Bhd. (Company Registration No. 763168-X) of No. 2-8, 2nd Floor, D19 Business Centre, Jalan PJU 8/3, Bandar Damansara Perdana, 47820 Petaling Jaya, Selangor Darul Ehsan, Malaysia (hereinafter referred to as “We” or “Us” or “Our”) in the event you proceed to purchase our goods and/or engage our services.
By using our Services, you are indicating that you have read, understood and agree to be bound by the terms and conditions herein.
All prices are expressed in Malaysian Ringgit (RM) (unless stated otherwise) and are subject to change without notice. We may offer options to transact in different currencies. All prices are also subject to the Goods and Services Tax as required by Malaysian law.
(1) Payment for orders can be made by cash, bank deposit/ transfer, cheque, PayPal or debit/ credit card. Goods will only be dispatched and services will only be rendered upon receipt of full payment for the cost of purchase and delivery charges, if any.
(2) Instalment plans for the purchase of our goods and/or payment for our services may be available. Please contact our Education Advisor for more details.
(3) Corporate pricing and bulk purchases/ discounts for our goods and services may be available. Please contact our Education Advisor for more details. Discounts, promotions and credits may not be combined with other offers and are not transferable. Additional restrictions may apply.
(4) Customised packages are available for educational institutions and health clubs that meet certain criteria. Pricing is based on volume and level of commitment. In the event a customised package does not require upfront payment in full in the agreement between the partner and us, failure by the partner to make complete and timely payments will result in the partner’s account being placed on hold and a suspension of access to our goods and services for the partner’s students and/or employees until full payment of the outstanding amount, plus any penalty (if applicable), have been received, processed and approved. Please contact our Education Advisor for more details.
Accommodation and Transportation
We do not provide ground transportation and accommodation support together with our Services.
Intellectual Property Rights
We do not claim any legal interest in trade marks, copyrights and/or other intellectual properties in the provision of our Services, save for those relating to our own “FIT” and “FITM” brands.
Marketing and Notifications
We will send you our newsletters containing advertisements and promotions, and/or those of our affiliates and partners if you have opted-in to receive them. You may unsubscribe by contacting us or using the unsubscribe option in the email updates that we forward to you.
Dispute Resolution and Governing Law
This Agreement will be governed by the Malaysian law and parties agree that any dispute or claim between you and us will be adjudicated in the courts in Malaysia. Any claim against us arising from the Agreement shall be adjudicated on an individual basis and shall not be consolidated in any proceeding with any claim or controversy of any other party.
Modification of this Agreement
(1) We reserve the right to change our terms and conditions herein from time-to-time and without notice. Nothing in this Agreement will constrain how we operate our business. You shall be responsible for reviewing and becoming familiar with any such modifications.
(2) If the alterations constitute a material change to our terms and conditions, we will notify you by posting a notification on our Website. Use of the services by you following such notification constitutes your acceptance of the terms and conditions as modified.
(3) What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
General Terms and Conditions
(1) This Website is provided by us on an “As Is” basis. We will make reasonable effort to ensure that all prices, descriptions of goods and services and other information on this Website are correct. However, we cannot guarantee the accuracy of the information and make no warranties or representations of any kind, express or implied as to the operation of this Website or the information, content, materials or products included in this Website.
(2) We will not be liable for any loss or damage of any kind arising from the use of this Website and/or in the provision of our Services, including without limitation, direct, indirect, incidental, punitive and consequential loss or damage. We disclaim all responsibilities and liabilities (including for negligence) in relation to the information available on this Website and/or in the provision of our Services.
(3) You agree to indemnify and hold us, our partners, agents and employees, harmless from any loss, liability, claim or demand, costs or expenses of any kind, including solicitor’s fees and/or other fees or expenses, made by any third party due to or arising out of your use of this Website and/or in the provision of our Services.
(4) We do not have control of and cannot guarantee that any content on third party links from this Website will be safe from viruses, inaccurate information or inflammatory material.
(5) We may withdraw any goods for sale and alter prices, goods and or details of goods specifications at our discretion without notice.
(6) The terms and conditions herein should be read with any other terms and conditions applicable to the use of this Website and/or in the provision of our Services.
Dated: 22 April 2017