By using or accessing our Services in any manner, including but not limited to visiting or browsing the 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 Services, including without limitation users seeking to learn, including but not limited to sports and/or athletic training (or in the case of minors, parents or guardians acting on their behalf), users seeking to provide coaching services, sellers, buyers, or contributors of content, information and other materials. 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.
Users of our Services include but are not limited to individuals, sporting clubs or sports associations who are accessing and using our Services to connect with other Users to engage them for training/coaching sessions (collectively referred to as “Students”) as well as qualified individuals, sports academies or sports associations who are seeking to provide the said coaching services (collectively referred to as “Coaches”)
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 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 Services.
If you have any questions or enquiries regarding the use of our Services, please contact us at firstname.lastname@example.org.
1. Eligibility, Registration and Account
By using our Services, you represent and warrant that you (a) are either 18 years of age or older, or have attained the age of majority in your country of residence, and have capacity to agree to these Terms, (b) have not broken any laws in your country of residence that may compromise your eligibility to register for our Services, (c) have not been previously suspended or removed from our Services, or engaged in any activity that could result in suspension or removal from our Services, (d) will not offer coaching services from more than one SportsnTrain account without our express permission, and (e) have full power and authority as the legal representative of your company/school/university/association to enter into these Terms and in so doing will not violate any other agreement to which you are a party or any applicable laws or regulations which you are subject to.
In order to access or use certain areas and features of our Services, you may need to register for an account. By registering for an account, you agree to (i) provide accurate, truthful, current and complete account information; (ii) maintain and promptly update your account information to maintain its accuracy and completeness; (iii) maintain the security of your account by not sharing your password with others and restricting access to your account, computer and device; (iv) promptly notify SportsnTrain if you discover or otherwise suspect any security breaches related to our Services or your account; and (v) take responsibility for all activities that occur under your account and accept all risks of unauthorised access.
2. Communications Preferences
By creating a SportsnTrain account and providing us with a phone number and/or email address, you consent to receive calls, text messages, text, voice, video messages via messenger applications or messenger platforms on mobile, such as WhatsApp, as well as electronic communications (e.g. via email or by posting notices on our Services) from SportsnTrain. These communications may also include automatic emails about your account (e.g., payment authorisations, password changes, unauthorised access notifications and other transactional information) and are part of your relationship with us.
You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, the requirement for such communications to be in writing. You should maintain copies of electronic communications from us by printing a physical copy or saving an electronic copy for book-keeping purposes.
We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the instructions to unsubscribe provided within these communications.
3. The Primary Services that we offer
As SportsnTrain does not conduct any kind of background check or screen its users (Coaches or Students), you should exercise due caution and perform your own screening or precautionary measures before connecting or meeting with any other user or obtaining any services from other users on our platform.
All lessons to minors should be supervised by a responsible adult
All use of our Services is at your sole and exclusive risk, to the extent permitted by the laws of Singapore or the laws of your country of residence.
4. User Transactions; Discharge from Liability
Our services may be used to help obtain or offer coaching services provided by and to other users and to facilitate payment for such services. However, users transact solely between themselves. SportsnTrain is not privy to or a party of any contractual transactions between users. SportsnTrain hereby expressly disclaims, and you hereby expressly discharge SportsnTrain from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to disputes, dealings or interactions between you and any other users (including but not limited to any acts or omissions of users online or offline and any services (including but not limited to lessons provided by Coaches through the Services) or third parties.
If you offer coaching services as a Coach on our platform, you shall ensure that the first and all subsequent bookings with SportsnTrain Students must be booked via our Services. SportsnTrain reserves the right to suspend users who fail to abide by this policy from accessing our Services. This right of suspension or termination is based on SportsnTrain’s sole discretion.
5. Payment for Service Fees
5.1 Student Fees
We do not charge Students administrative fees for the use of our Services, this includes the creation of accounts as well as when Students search for suitable Coaches to engage with. However, students are still required to pay Coaches for the Services rendered to them after engaging the Coaches through our Services. The facilitation of payment is also through our Services.
5.2 Coach Fees
In consideration for the use of our Services, we charge Coaches a 16 % service fee for the first to the third confirmed bookings, a 13% service fee for the fourth and the fifth confirmed bookings, and for the sixth and any subsequent confirmed booking thereafter, the service fee will be set at 10%. The service fee will remain at a flat rate of 10% for any subsequent booking after the sixth session. However, if there is an absence of any confirmed bookings for a sustained period of at least six months after the last confirmed booking, the service fee will revert back to the initial 16% for the next subsequent booking. Nonetheless, the Coach still remains eligible for the discounted service fee rates if he subsequently maintains his consecutive lesson bookings in the manner described above. Thus, we urge you to maintain a regular stream of confirmed bookings to utilise the discounted service fee rates. The collection of the service fee will be done through the direct deduction of the service fee from the exact price that the Coach has set for their own session (“Lesson Fee”) before remitting the remaining pay-out to the Coach. Coaches are also responsible for determining the Lesson fees that they are charging their students either for a single session or for a lesson package.
A “confirmed booking” is a booking request made by a Student for lessons offered by a Coach on SportsnTrain’s website in respect of which the Student has made full payment of
the applicable Lesson Fee on SportsnTrain’s website.
SportsnTrain reserves the right to change the service fees at any time, SportsnTrain will also give users prior notice of any fee changes before the changes come into effect.
Coaches are allowed to formulate their own booking deadline policies that Students must adhere to when making bookings for their lessons. The booking deadline policy gives Coaches the freedom to stipulate the latest time by which lessons must be booked (in terms of hours before the actual lesson time) for the booking to be considered valid. There are no limitations set with regard to the minimum or maximum number of hours before the actual lesson time for a deadline to be considered valid and enforceable (i.e. it could be 3 hours, 6 hours, 24 hours and so on). Thus, it is entirely up to the Coach to decide on a policy which is suitable for their own needs. For example, if a Coach sets their booking deadline policy at 3 hours before the actual lesson, if the lesson is scheduled at 4:00pm on 1st January, the latest time by which a Student can make a valid booking would be by 1:00pm on 1st January. Students have to pay particular attention to the booking deadline policies of Coaches so as to avoid potentially missing out on lessons that they are interested in attending.
You are responsible for paying any service fees that you owe to SportsnTrain. On this note, you also acknowledge and agree that any service fees owing to, or received by, SportsnTrain are refundable and are entirely subject to SportsnTrain’s refund policy. In the event of any imponderable external circumstances which require for the session/package to be cancelled or postponed by the Coach, such as unforeseen bad weather or the Coach falling ill, the Student must rearrange and reschedule the replacement session/package with the Coach directly.
Our refund policy can allow for refunds to be filed for up to 48 hours before the session or the first session of the package. For example, if the session was initially scheduled at 7:00pm on 15th May 2019, a refund must be filed before 7:00pm on 13th May 2019. The exact quantum of the refund is dependent on the refund policies set by the Coach of the session or package. However, there is an administrative fee owed to SportsnTrain after refunds are filed for (“Refund fee”). These Refund fees are dependent on the territory that the transaction took place in.
For transactions based in Singapore, the Refund fees are set at 3.4% of the Lesson fee coupled with an independent SGD$0.50 charge for each transaction. For transactions based in Malaysia, the Refund fees are set at 3.4% of the Lesson fee coupled with an independent RM2.00 charge for each transaction. For transactions based in Hong Kong, the Refund fees are set at 3.4% of the Lesson fee coupled with an independent HK$2.35 charge for each transaction. For transactions based in Australia, the Refund fees are set at either (i) 1.75% of the Lesson fee coupled with an independent AU$0.30 charge for each transaction using domestic cards or at (ii) 2.9% of the Lesson fee coupled with an independent AU$0.30 charge for each transaction using international cards. With regard to transactions based in Australia, domestic cards refer to credit or debit cards issued by a bank based in Australia itself whereas international cards refer to credit or debit cards that are not issued by a bank based in Australia. Lastly, for transactions in New Zealand, the Refund fees are set at 2.9% of the Lesson fee coupled with an independent NZ$0.30 charge for each transaction.
6. Payment Terms
6.1 Payment and Billing Information
By providing a credit/debit card or any other payment method that we accept, you represent and warrant that you are authorised to use the designated payment method and that you authorise us (or our third-party payment processor) to charge your designated payment method for the total amount of your payment for any Fees owed to SportsnTrain (including any applicable taxes and other charges)(collectively, as applicable, an “Order”). If the payment is invalid, cannot be verified or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order.
You acknowledge that the amount billed to your account may vary due to promotional offers, changes to your coaching sessions or changes in any applicable taxes or other charges, you hereby also authorise us (or our third-party payment processor) to charge your payment method for the corresponding amount.
6.2 Pricing and Availability
All prices, as shown on our website or any other platform belonging to SportsnTrain, are either in Singapore dollars, Malaysian ringgit, Hong Kong dollars, Australian dollars or New Zealand dollars. The applicable taxes or other charges are also based on the laws of the country of residence and the currency used the User. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice. The decision to adjust the prices as shown on the SportsnTrain website are in SportsnTrain’s sole discretion.
Coaching sessions are subject to the availability of the Coaches, SportsnTrain reserves the right to cancel all or part of a coaching session and to discontinue making certain coaching services available through our Services without prior notice.
6.3 Cancellations and Refunds
A Student or Coach may cancel a booking only before payment of the Lesson Fee is made by the Student in respect of such booking on SportsnTrain’s website. The parties acknowledge and agree that once payment of the Lesson fee is made by the Student for a booking on SportsnTrain’s website, any cancellation, re-scheduling and/or refund shall be dependent on the refund policy as set above in 5.3.
7. Terms for Coaches
When creating a lesson package (including but not limited to pre-scheduled packages and private packages) (“Package”) through SportsnTrain’s website, you must (i) provide complete and accurate information about your Package (such as package description, schedule, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements) and (iii) provide any other pertinent information requested by SportsnTrain. You are responsible for keeping your Package information up-to-date at all times. You are also responsible for ensuring that your working pass is valid in your country of residence before creating or conducting any lesson packages through SportsnTrain’s website.
You are solely responsible for setting a price (including any taxes if applicable) for your lessons (“Lesson Fee”). Once a Student requests a booking of your lesson package, a Coach may not proceed to request from the Student a higher price than what was initially stated as the Lesson Fee.
Any terms and conditions set by Coaches for their own lesson packages must not conflict with these Terms.
Pictures, animations or videos (collectively, “Images”) used in your account and/or profile on SportsnTrain’s website must accurately reflect the quality, condition and content of your services. This is to ensure that all users get an accurate representation and portrayal of the Coach’s services. SportsnTrain reserves the right in its sole discretion to require that your account and/or profile on SportsnTrain’s website have a minimum number of Images or a of a certain format, size and resolution in order to satisfy the requirement of accuracy as set out above. SportsnTrain also reserves the right to require that your account and/or profile on SportsnTrain’s website has a certain degree of detail to accurately reflect the quality, condition and content of a Coach’s lesson package.
The placement and ranking of your profile and/or lesson packages on SportsnTrain’s website may vary and depend on a variety of factors, including but not limited to Student search parameters, price, location, 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. SportsnTrain reserves the right to amend the prices shown on our Services at any time.
When you accept a booking request by a Student and the Student has made payment of the Lesson Fee for such booking through SportsnTrain’s website, you are entering into a legally binding agreement with the Student and are required to provide your services to the Student as described in your lesson package when the booking request is made. You also agree to pay the applicable service fee to SportsnTrain, the exact amount of which was set out above in 5.2
8. Copyright and Limited License
Unless otherwise indicated in writing by us, our 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.
9. 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, 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.
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 email@example.com.
“SportsnTrain”, the SportsnTrain logos and any other product or service name or slogan contained on our Services are trademarks of SportsnTrain and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of SportsnTrain or the applicable trademark holder.
You may not use any metatags or any other hidden text utilising “SportsnTrain” or any other name, trademark or product or service name of SportsnTrain without SportsnTrain’s prior written permission. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of SportsnTrain and may not be copied, imitated or used, in whole or in part, without SportsnTrain’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SportsnTrain.
11. Third Party Content
Our Services may include links to websites or content owned or operated by third parties as well as other third-party content, including advertisements, promotional offers, and social “widgets” (collectively, “Third-Party Content”). SportsnTrain does not own, control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that SportsnTrain is not responsible or liable in any manner for any Third-Party Content and that SportsnTrain undertakes no responsibility to update or review any Third-Party Content. Your access and usage of such Third-Party Content is at your own risk. The inclusion of Third-Party Content on our Services does not imply affiliation, endorsement or adoption by SportsnTrain of any information contained therein. In addition, your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. SportsnTrain is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third-Party Content on our Services. When you navigate away from or otherwise leave our Services, you should understand that SportsnTrain’s terms and policies will no longer govern your access to or usage of the Third-Party Content and that the terms and policies of those third-party sites will now apply instead. You should review the applicable terms and policies, including privacy and data gathering practices, of any site or services to which you navigate to from our Services.
With regard to the content and material of Third Parties that are published and posted on our Services, you hereby acknowledge and agree to the following:
12. User Content
Our Services allow users (Coaches and Students) to create, post, upload, transmit, publish, share or store text, photos videos and other materials (collectively, “User Content”) on their own profiles/accounts on the SportsnTrain website. In the event where you decide to share your User Content with others through our Services or third-party platforms, you agree and acknowledge that the said User Content will be viewable by others either on the SportsnTrain website or on third-party platforms. You are hereby solely responsible for your User Content.
To regulate the User Content that will be seen by others on our platform, SportsnTrain has various restrictions on what will be deemed as unapproved User Content. These include the following:
· User Content that is unlawful, libellous, defamatory, gory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, false, misleading or otherwise objectionable;
· User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any national or international laws;
· User Content that may infringe any patent, trademark, trade secret, copyright or other proprietary right of any party or that may infringe on intellectual property laws;
· User Content that contains or depicts any statements, remarks or claims that do not accurately reflect your content or experiences had on our Services;
· User Content that does not honestly represent your lesson packages and what they entail (for Coaches);
· User Content that contains an invalid working pass (for Coaches);
· User Content that contains personal information about any person, including, without limitation, names, full or partial NRIC number, addresses, email address, pictures or credit card information without that person’s permission;
· User Content that impersonates or misrepresents your affiliation with any person or entity;
· Unsolicited promotions, political campaigning, advertising or solicitations;
· Harmful, disruptive or destructive files or content including but not limited to viruses, Trojan horses, malware, key-loggers or worms; or
· User Content that, based on the sole discretion of SportsnTrain, is objectionable or which in our view restricts or prevents any other person from using or enjoying our Services, or which may expose SportsnTrain or its users to any harm or liability of any type.
SportsnTrain does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage to such User Content. When you post or upload User Content on our website or other platforms, you understand that the User Content that you choose to post may be displayed publicly or to select users. You are solely responsible for your use of our Services and you are to use them at your own risk.
You hereby agree that SportsnTrain is not responsible or liable for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage to such User Content. You are solely responsible for your use of our Services and use them at your own risk.
You also agree that SportsnTrain may use the User Content provided by you in any manner that we deem necessary or appropriate. We reserve the right to edit or abridge any User Content for any reason, we also reserve the right to refuse to post or remove any User Content submitted by you or others. This removal is warranted if the User Content is deemed inappropriate for the purposes of our Services. Notwithstanding this right of removal, we do not guarantee and are not obligated to remove all User Content that you may personally find offensive or inappropriate unless a valid claim is filed and if the said User Content is found to be in breach of our Terms. We do not guarantee that all User Content submitted will be posted on SportsnTrain’s website or any of our platforms. SportsnTrain is also not liable for the accuracy, appropriateness and integrity of the User Content posted on our website as the User Content is posted directly by users. However, we do conduct routine checks to ensure that User Content published and posted on our Services are not in breach of our Terms.
You further agree not to post or provide any User Content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first retrieve the consent to do so from that person, and to grant us the rights granted in this agreement from that person. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorise us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world. The grant of such permission shall be perpetual and unless there are exceptional circumstances which require it, the revocation of such permission is restricted to the extent permitted by the law.
13. 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.
You can submit comments, feedback, suggestions, creative materials or other information regarding our Services or SportsnTrain to us directly (collectively, “Feedback”). Feedback given to SportsnTrain will become the sole property of SportsnTrain and will also be deemed non-confidential. Hence, you agree that you will not submit to SportsnTrain any Feedback that you consider to be confidential or proprietary. In turn, SportsnTrain will own, and you hereby assign to SportsnTrain, all right, title and interest, including all intellectual property rights related to the Feedback provided. You also agree that SportsnTrain will be entitled to the unrestricted use and dissemination of the Feedback given for any purpose, commercial or otherwise, without prior notice or compensation to you. Furthermore, you agree to provide any documentation required by SportsnTrain to confirm the assignment of the rights regarding Feedback to SportsnTrain.
15. Acceptable Use of Our Services
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. When accessing or using our Services, you 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;
· 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;
· 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.
16. Privacy Concerns
You shall defend, indemnify and hold harmless SportsnTrain, its subsidiaries, affiliates, independent contractors, service providers and consultants, and their respective directors, officers, employees and agents (collectively, “SportsnTrain Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to (a) your access to or use of our Services; (b) any User Content you provide; (c) your breach of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your breach of any statutory requirement, duty or law; or (f) your conduct in connection with our Services.
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 Students or Coaches.
Your use of SportsnTrain’s 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 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.
19. 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.
20. Modification to the Services provided
SportsnTrain reserves the right to modify or discontinue, temporarily or permanently the Services provided, or any features or portions thereof, without prior notice to the user. You hereby agree that SportsnTrain will not be liable or responsible for any subsequent modification, suspension or discontinuance of our Services, or any part thereof.
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.
22. Jurisdictional Issues
SportsnTrain makes no representation that the SportsnTrain website 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.
23. Governing Law and Dispute Resolution Clause
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.
For any and all disputes arising out of these Terms, we require a notification in writing at least 14 days in advance before the commencement of any actions. You also agree to attend private mediation sessions with SportsnTrain before the commencement of any legal proceedings for any and all disputes arising out of these Terms.
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 Terms 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.