Marketplace Terms

Last updated: 13 June 2019


Welcome to the SportsnTrain Marketplace (“Marketplace”)! As the SportsnTrain Marketplace is a secondary service provided by SportsnTrain, these Terms of Use are to be read in conjunction with the Terms of Use for SportsnTrain which can be found here. These Terms of Use (“Terms”) apply specifically to your access to and use of the SportsnTrain Marketplace (collectively, our “Marketplace Services” or “Services”) provided by SportsnTrain Pte Ltd (“SportsnTrain”, “we”, “us” or “our”).

By using or accessing our Marketplace Services in any manner, including but not limited to visiting or browsing the Marketplace Services, you agree to these Terms and the additional terms and conditions referred to herein. If you do not agree to these Terms, please do not use or access our services.

These Terms apply to all users of the Marketplace Services, including without limitation users seeking to sell products on our Marketplace platform, (or in the case of minors, parents or guardians acting on their behalf), users seeking to purchase products from other users. These terms do not alter in any way the terms or conditions of any other agreement you may have with SportsnTrain for products, services or otherwise. If you are accessing or using our Services on behalf of another person or entity, you represent and warrant that you are authorised to accept these Terms on such person or entity’s behalf, and that such person or entity will be responsible to SportsnTrain if you breach these Terms.

SportsnTrain reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Marketplace Services following the date on which the amended Terms are posted here. If you do not agree to the amended Terms, you must stop accessing and using our Marketplace Services.

If you have any questions or enquiries regarding the use of our Marketplace Services, please contact us at contact@sportsntrain.com.


1. Marketplace Services that we offer

Our Marketplace Services offers tools, resources and a platform to connect those seeking to purchase goods (hereafter referred to as “Buyers”) directly from other users of our Services who are seeking to sell their goods (hereafter referred to as “Sellers”) (collectively referred to as “Users”). SportsnTrain: (a) does not employ, recommend or endorse any users and has no control over the acts or omissions of any users; (b) makes no representations or warranties about the quality of the product provided by any user, the quality of the services provided by any user or about your interactions or dealings with other users except as expressly stated on our Services; (c) is not responsible or liable in any manner for the performance or conduct of any users or other third parties online or offline; (d) does not screen users (Buyers or Sellers) or conduct any kind of identity or background checks except as otherwise expressly stated in these Terms or in other agreements; (e) makes no representations or warranties about the suitability, reliability, timeliness and accuracy of any information or services provided by any user, whether in public, private or based on offline interactions; (f) is not responsible or liable in any manner for the truth or accuracy of the listings on the Marketplace, the ability of Sellers to sell items or the ability of Buyers to pay for items contracted for.

As SportsnTrain does not conduct any kind of background check or screen its users (Buyers or Sellers), you should exercise due caution and perform your own screening or precautionary measures before connecting/meeting with any other user or purchasing any products from other users on our platform. You are also encouraged to use the features and functions available on our Services to communicate with other users to learn more about an item which has been put up for sale before committing to a transaction.

All use of our Marketplace Services is at your sole and exclusive risk, to the extent permitted by the law.


2. Use of the Marketplace Services

Subject to your agreement and compliance with these terms, you are granted a limited non-exclusive, non-transferable, non-sublicensable license to access and use our Services and Service Materials. However, such license is revocable at any time and does not include any right to: (a) sell or resell our Services or the Service Materials; (b) collect and use any service listings, pictures or descriptions; (c) distribute, publicly perform or publicly display any of the Service Materials; (d) modify or otherwise make any derivative uses of our Services or the Service Materials, or any portion thereof; (e) use any data mining, robots or similar data gathering or extraction methods; (f) download (other than the page caching) any portion of our Services, the Service Materials or any information contained therein, except as expressly permitted by SportsnTrain in writing; or (g) use our Services or the Service Materials in violation of these Terms or for any purposes other than their intended purposes. Your right to use our Services and the Service Materials is conditioned upon your use of our Services and the Service Materials in accordance with these Terms. Accordingly, any use of the Services or the Service Materials other than as specifically authorised in these Terms, without the prior written permission of SportsnTrain, will automatically terminate the license granted above. Such unauthorised use may also violate applicable laws, including, without limitation, intellectual property, copyright and trademark laws and applicable communications regulations and statutes. Except for the license granted above, no additional rights are granted and nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Notwithstanding anything to the contrary in these Terms, our Services and the Services material may include software components provided by SportsnTrain or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

You shall not violate any law, regulation, contract, intellectual property right or other third-party right or commit any tort when accessing or using our Services. You are solely responsible for your conduct while accessing or using our Services. In addition, you shall use the Services in accordance with these Terms and shall not:

· use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;

· upload any User Content that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right;

· engage in any discriminatory, defamatory, violent, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;

· attempt to indicate in any manner that you have a relationship with SportsnTrain or that SportsnTrain has endorsed you or any services for any purpose unless SportsnTrain has expressly agreed and has provided written permission for you to do so; use the Services in violation of or to circumvent any sanctions or embargo.

· send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or multi-level marketing schemes, or harvest or collect the email addresses or other contact information of other users for the purpose of sending spam or other commercial messages;

· attempt to reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of our Services (except as otherwise expressly permitted by law);

· access, use or attempt to access or use the account of another user without consent and authorisation from both the said user and SportsnTrain;

· develop any third-party application that interferes or otherwise interacts with User Content or our Services without SportsnTrain’s prior written consent and approval;

· use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided or authorized by SportsnTrain to access our Services, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via our Services;

· download (other than the page caching) any portion of our Services, the Service Materials or any information contained therein, except as expressly permitted by SportsnTrain in writing;

· use our Services or the Service Materials in breach of these Terms or for any commercial or other purposes that are not expressly permitted by these Terms, or engage in, encourage or promote any activity that breaches these Terms;

· make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services;

· remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of SportsnTrain or its affiliates, partners, suppliers or licensors;

· use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by SportsnTrain;

· use any proprietary information or interfaces of SportsnTrain or any other intellectual property of SportsnTrain in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services;

· upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components;

· collect any information in respect of other users without their consent;

· commit any act or omission, or any attempt to commit any act or omission, to avoid paying any applicable fees and/or charges;

· use the Services in a manner or take any action(s) that is contrary to SportsnTrain’s public image, goodwill or reputation; or

· authorise or encourage anyone to do any of the foregoing.

You further agree that in the event of any breach of the terms contained within this provision, SportsnTrain is entitled to suspend or terminate your access to our Services at its sole discretion and without prejudice to any other rights or remedies that SportsnTrain may have under these Terms, at law or otherwise.


3. Your Account

In order to use and access the Marketplace Services, you require an account on the SportsnTrain website. In addition to the Terms regarding the eligibility of users when creating an account, you also represent and warrant that:

· If you are an individual, you are at least 18 years of age or have attained the age of majority in your country of residence.

· If you are representing an organisation, company or any other legal Entity (“Entity”), you have authority or have obtained consent to bind the Entity to these Terms.

· You are legally capable of entering into and performing legally binding contracts under applicable law.

· All information which you provide is accurate, up to date, truthful and complete.

However, if you are under 18 years of age, you may only use the Marketplace Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities under the Marketplace Services.


4. Placement and Ranking of your profile, Boosting packages

The placement and ranking of your profile and/or products on SportsnTrain’s Marketplace may vary and depend on a variety of factors, including but not limited to the description of the product, price, location, delivery options, reviews and ratings. SportsnTrain reserves the right in its sole discretion to determine the placement and ranking of your profile and/or lesson packages on SportsnTrain’s website. The placement and ranking of your profile may also be “boosted” with purchase of our Boosting packages from SportsnTrain’s website, the durations of the temporary boost and the prices vary accordingly for each Boosting package. The prices of the Boosting packages as shown on our Services are in Singapore dollars and are subject to change, all fees associated with these boosting packages are also non-refundable. SportsnTrain reserves the right to amend the prices shown on our Services at any time. You also acknowledge that your boosted listings and/or profile may rise and fall in priority in relation to other users’ listings and profiles in accordance with our listing rules and algorithms.

Notwithstanding the above, there will be no refunds of the sums paid for the Boosting packages in the event that: (i) your account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.


5. Fees and Payments, Payment Service Providers

SportsnTrain does not charge Users (Buyers or Sellers) administrative or listing fees for the use of our Marketplace Services. However, Users are still required to pay the amounts owed to the other party based on the Transaction arrangements between the Buyer and the Seller.


6. Rights to User Content

With regard to User Content posted or uploaded by our Users, SportsnTrain claims no ownership or control over any User Content except as otherwise expressly provided in these Terms or a separate agreement between you and SportsnTrain. However, if you submit or post User Content to our Services, unless SportsnTrain indicates otherwise, you grant SportsnTrain a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid up, and sub-licensable license to use, reproduce modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content in any media format and channel now known or later developed without compensation to you, including in connection with SportsnTrain’s marketing and promotional activities. You further grant Sports Train and SportsnTrain’s sublicensees the right to use the name that you submit in connection with User Content, if they choose to do so.

By submitting or posting User Content to our Services, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content on our Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with our Services, does not and will not violate these Terms or any applicable law, rule, regulation or third-party right.

7. Selling and Buying on the Marketplace

When accessing or using the Marketplace Services to create a listing and offer an item for sale, you hereby agree to comply with the following:

· You must provide an accurate, fair and complete description of the items included in your listing, this would include the condition, price and any essential details regarding the items.

· Your listing for the item may include descriptions, images, videos, text and any other content relevant to the item listed. All the content found on the listing must be accurate, true and complete and must not be misleading to other users.

Without prejudice to the rest of these Terms as well as the general Terms of Use of SportsnTrain, you warrant, in respect of the items that you offer for sale on the Marketplace services, that:

· You are the owner of the item, and the item was not obtained through illegal means (i.e. stolen or misappropriated for example).

· The item listed and sold must not be counterfeit and it must not infringe upon any third party’s copyright, patent, trademark, trade secret or intellectual property or other proprietary rights.

· All items must comply with the applicable laws, regulations, guidelines or policies of the user’s country of residence.

· The item is not dangerous or hazardous to other users.

· The User Content included within any listing does not violate any applicable laws and regulations or the intellectual property and proprietary rights of a third party.

All offers made and accepted through the Marketplace Services are legally binding.

If you are a seller who has accepted another user’s offer for an item, the following applies:

· You are to complete the transaction with the buyer in a prompt manner or in the manner arranged between the parties, unless there are exceptional circumstances which justifies a delay in the completion of the transaction, examples would include disagreements with the terms of your listing (such as payment method, delivery method or time of delivery) or if you cannot verify the buyer’s identity.

· You may not alter the item’s price after the offer has been accepted by the buyer, you may also not misrepresent the item’s condition, price or any other quality relevant to the listing to the buyer.

· For transactions that are to be completed via shipping the item to the buyer, you may charge reasonable shipping and handling fees to cover the costs of packaging and shipping the item to the buyer. However, this fee charged must not be unreasonable or excessive.

If you are a buyer who has already accepted an offer by another seller on our Services, the following applies:

· You are to complete the transaction with the seller in a prompt manner, by making prompt payment in the manner arranged between the parties, unless there are exceptional circumstances which justifies a delay in the completion of the transaction, examples would include if you cannot identify the seller’s identity.

When communicating with another user through the Marketplace Services for the offering/acceptance of the sale of an item (termed a “Transaction”), you may obtain personal information of that user which will help facilitate the transaction process. This includes the user’s name, phone number, email address and mailing address as well as other personal information that the other user consents to you having. Without obtaining the express consent from the other user, you shall only use the information given for the sole purposes of carrying out the Transaction.

Notwithstanding the foregoing, SportsnTrain is not privy and not involved in the Transaction as they are solely between users of our Services, SportsnTrain cannot and does not ensure that a user of our services would follow through and complete a Transaction.


8. Privacy Policy

We take the privacy concerns of our Users very seriously at SportsnTrain and we have a separate document, termed our “Privacy Policy”, which contains details of the privacy practices that we employ at SportsnTrain. The Privacy Policy can be found here. The Privacy Policy contains details of how SportsnTrain collects, uses and discloses information collected and received from you, in accordance to the Personal Data Protection Act of Singapore.


9. Intellectual Property

Unless otherwise indicated in writing by us, our Marketplace Services and all content and other materials on our Services, including the SportsnTrain logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Service Materials”) are the proprietary property of SportsnTrain or our licensors or users, as applicable, and are protected by Singapore and by the laws of the country of residence of the users.

Subject to your agreement and compliance with these terms, you are granted a limited non-exclusive, non-transferable, non-sublicensable license to access and use our Services and Service Materials. However, such license is revocable at any time and does not include any right to: (a) sell or resell our Services or the Service Materials; (b) collect and use any service listings, pictures or descriptions; (c) distribute, publicly perform or publicly display any of the Service Materials; (d) modify or otherwise make any derivative uses of our Services or the Service Materials, or any portion thereof; (e) use any data mining, robots or similar data gathering or extraction methods; (f) download (other than the page caching) any portion of our Services, the Service Materials or any information contained therein, except as expressly permitted by SportsnTrain in writing; or (g) use our Services or the Service Materials in violation of these Terms or for any purposes other than their intended purposes. Your right to use our Services and the Service Materials is conditioned upon your use of our Services and the Service Materials in accordance with these Terms. Accordingly, any use of the Services or the Service Materials other than as specifically authorised in these Terms, without the prior written permission of SportsnTrain, will automatically terminate the license granted above. Such unauthorised use may also violate applicable laws, including, without limitation, intellectual property, copyright and trademark laws and applicable communications regulations and statutes. Except for the license granted above, no additional rights are granted and nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Notwithstanding anything to the contrary in these Terms, our Services and the Services material may include software components provided by SportsnTrain or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

You are not authorised by SportsnTrain to use SportsnTrain’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of SportsnTrain, which may be withheld and withdrawn for any reason.


10. Complaints regarding Unauthorised Content

We have a policy of limiting access to our Services and terminating the accounts of Users who infringe the intellectual property rights of others. SportsnTrain reserves the right to suspend or terminate your account and/or your access to the Services if there are complaint(s) against you of intellectual property infringement and if the complaints are found to be valid.

You should note that if you knowingly and intentionally misrepresent in your notification that the material or activity is infringing upon others’ rights, you may be liable for any damages, including costs and legal fees, incurred by SportsnTrain or the alleged infringer as the result of SportsnTrain’s reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing upon said rights.

If anything on our Services, such as our website and our other platforms, contains material that infringes on any intellectual property rights that you own or control, please do contact us at +65 9648 9261 or contact@sportsntrain.com.


11. Suspension and Termination

You may voluntarily terminate your account at any time through the SportsnTrain website. However, SportsnTrain reserves the right, without notice and in its sole discretion, to terminate any user’s license and restrict the user from accessing and using our Services if the said user is found to be in breach of any of the Terms contained herein.


12. Disclaimers

SportsnTrain does not control, endorse or take responsibility for any third-party content available on or linked to by our Services, including User Content posted by Sellers and their product listings.

Your use of SportsnTrain’s Marketplace Services is solely at your own risk. You hereby agree that our Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby on SportsnTrain’s website is at your sole risk and discretion. You assume all risks when using our Services, including all of the risks associated with other users. You also agree to take all necessary precautions to protect yourself when interacting with other users. You also hereby agree that SportsnTrain has no obligation to continue maintaining the Services provided and has the sole discretion to discontinue the provision of the Services.

SportsnTrain does not represent or warrant to you that our services are entirely accurate, complete, reliable current or error-free. Although SportsnTrain puts in our utmost to ensure that accessing and using our services is safe, we cannot and do not represent or warrant that our Servers are free of viruses or other harmful components. We also do not represent or warrant that our Services will be compatible with your individual hardware and software setup or that the Services will meet all of your requirements and expectations. We do not assume any risk as to the quality and performance of the Services provided. All conditions, representations and warranties, whether express, implied, statutory or otherwise are hereby excluded and disclaimed to the fullest extent permitted under the law.

No advice or information, be it in any form, given by SportsnTrain or from the Marketplace Services provided shall create any representation, warranty or guarantee.

SportsnTrain disclaims any and all liability or responsibility in relation to the content made available through the Services provided. This includes but is not limited to, the User Content posted or uploaded by users or third-party content and services. SportsnTrain is also not liable for the third-party content published on the SportsnTrain website. SportsnTrain is also not responsible for the failure of the third-party content and services and if there is a dispute, it should be between the user and the third-party directly.


13. Limitation of Liability

You hereby acknowledge and agree that your only right with respect to any problems encountered or dissatisfaction with the Services provided is to request for termination of your account and/or discontinue any use of the Services.

SportsnTrain and the other SportnsTrain Parties will not be liable to you, whether based in contract, tort, negligence, strict liability, warranty, or otherwise, for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, to the fullest extent permitted by the applicable law, arising out of or in connection with your access or use of or inability to access or use the Services or any third party content and services, or arising out of or in connection with your conduct or the conduct of other users in connection with the use of the Services including without limitation death, bodily injury, emotional distress and/or other damages resulting from communications or meetings with other users or persons you meet through the Services, whether or not the damages were foreseeable and whether or not SportsnTrain or the other SportsnTrain Parties was advised of the possibility of such damages.

With regard to the total liability of SportsnTrain and the other SportsnTrain parties, for any claim arising out or with relation to these Terms or the Services provided, regardless of the form of the action, is limited to the amount paid by you to access and use the Services which were directly related to the claim raised.


14. Jurisdictional Issues

SportsnTrain makes no representation that the SportsnTrain website or the SportsnTrain Marketplace is appropriate or available for use in all geographic areas, including whether the website is legally permitted to operate in that territory. You hereby accept that by choosing to access the SportsnTrain website, you agree and acknowledge that all risks associated with the access and usage of our Services and the SportsnTrain website are borne by you. You are solely responsible to comply with the applicable laws based on the territory that you are accessing our Services or website from.


15. Governing law and Dispute Resolution for Disputes with other users

These Terms and your use of our Services will be governed by and construed in accordance with the laws of Singapore. The courts of Singapore shall have exclusive jurisdiction over any dispute, action or proceedings arising out of these Terms.

Without prejudice to SportsnTrain’s Dispute Resolution Procedure which can be located in the SportsnTrain’s, if you are in dispute with another user of our Services, we encourage you to first attempt to resolve the issue amicably. If the dispute is notified to SportsnTrain, SportsnTrain will attempt to facilitate the resolution of the dispute and claim, however SportsnTrain is under no obligation to resolve the dispute between the users. You hereby release SportsnTrain from all demands, claims and damages arising from your disputes with other users of our Service.


16. Miscellaneous

Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and SportsnTrain.

These Marketplace Terms together with the SportsnTrain Terms of Use constitute the entire agreement between you and SportsnTrain relating to your access to and use of our Services and your order, receipt and use of products or services made available through our Services. These Terms also supersede all other prior or contemporaneous understandings and/or agreements between you and SportsnTrain.

If any term, clause or provision of these Terms is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all the other terms, clauses and provisions of these Terms will remain valid and enforceable.

No waiver of any provision of these Terms by SportsnTrain will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and SportsnTrain’s failure or delay to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of SportsnTrain.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.