ROCKSTAR FIT APPLICATION TERMS & CONDITIONS

Please read the following Application (App) Terms and Conditions carefully before using this Application, so that you are aware of your legal rights and obligations with respect to Rockstar Fit Services ("Rockstar Fit"), provided by Rockstar Fit ("ROCKSTAR FIT").

If you do not accept these Application Conditions, please leave the Application immediately.

Agreement

You hereby represent and warrant that you have read these Application Conditions. You have the necessary legal capacity, right, power and authority to agree to these Application Conditions.

ROCKSTAR FIT reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Application at any time.  ROCKSTAR FIT may also impose limits on certain features or restrict your access to parts or the entire Services or Application without notice or liability. ROCKSTAR FIT may from time to time vary or amend these Application Conditions by posting the amended Application Conditions at this Application.  Any use of the Services after the amendment of these Application Conditions will be deemed to be acceptance of the amended Application Conditions by you.  

If you do not agree to the amended Application Conditions, you have the right to terminate your Subscription and/or cease using the Services.

Definitions

In this Agreement, the following definitions shall apply unless the context does not permit such application: "Application" means an "Agreement" means the agreement formed by these Application Conditions and in the case of a Subscriber, by these Application Conditions, and the Subscription conditions.¬†"Content" means materials, information, news, advertisements, listings, data, text, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, comments, suggestions, ideas and other content.¬†‚ÄúMember‚ÄĚ means a person with a Subscription.¬†‚ÄúMembership‚ÄĚ means the package of ROCKSTAR FIT Services made available to a Member, whether pursuant to an Application or otherwise, either free or upon payment of a fee.¬†"Subscriber" means a person with a Subscription. "Subscription" means the package of Rockstar Fit Services made available to a Subscriber, whether pursuant to an Application or otherwise.¬†"Application" means the ROCKSTAR FIT application¬†and website containing the link to these Terms & Conditions.

Application and Services

The Application is owned and maintained by ROCKSTAR FIT.

ROCKSTAR FIT may offer one or more of the following ROCKSTAR FIT services on or through this Application (each a "Service" and collectively the "Rockstar Fit Services"):

The whole or any part of the programmes known as ROCKSTAR FIT Programs, ROCKSTAR FIT Loyalty Programs, or by such other names as may be given by ROCKSTAR FIT from time to time; and Any other features, content or applications that ROCKSTAR FIT may offer on or through the Application from time to time in its sole and absolute discretion.

You acknowledge and agree that to access and use certain Services, you will be required to register as a Subscriber and/or Member.  Additionally, you shall be bound to comply with the Subscription and/or Membership conditions in addition to these Application Conditions.

Content Use Conditions

You may for your personal use or in connection with the purchase of products and/or services: retrieve and display Rockstar Fit Content on any compatible device owned by you; print reasonable copies of Rockstar Fit Content on paper; and store such Rockstar Fit Content in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network). You may not modify, adapt, translate, publish, display, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to: any the Application; any Rockstar Fit Content except, to the extent permitted, with the prior written consent of ROCKSTAR FIT or unless expressly permitted in these Application Conditions.

You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Rockstar Fit Content available on the Application or through a Service except under the specific circumstances expressly permitted by law or ROCKSTAR FIT in writing.

Paid Goods

ROCKSTAR FIT is a subscription based app that will charge to your selected payment method on the date you originally signed up.

We may offer third-party goods and services through our Services. Except with respect to our subscription Service, which provides you access to premium content and services, please note that all terms surrounding payment, order fulfilment, and refunds are covered by our third-party providers and not Rockstar Fit, and are hereby incorporated into this Agreement by reference.

 Our subscription Service is a subscription fee-based Service, which gives you access to content and services. All subscription Services provide access through the application. You can become a subscriber by purchasing a subscription to the Service from the within the App. Please note that, once purchased, the sale is final and we will not provide a refund. 

Fees for our periodic subscriptions are due in periodic instalments (for example, if your subscription is yearly, fees are due yearly). For each period of time that your monthly subscription is active, you acknowledge and agree that Rockstar Fit is authorized to charge the same credit card or payment method as you used for the initial subscription fee in the amount of the then-current periodic subscription fee. The periodic renewal fees will continue to be billed to the same payment method you provided, automatically until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to the payment method you provided. Refunds cannot be claimed for any partial subscription period. The content you receive with the ROCKSTAR FIT app is never ending, and your subscription will continue to rollover until you choose to terminate your account.  

As ROCKSTAR FIT is a subscription app, keep in mind that once cancelled, you will no longer have access to any of the content within the ROCKSTAR FIT app. This includes the workouts you have already completed.  Subscription fees will apply regardless of whether or not you use your subscription. You agree to notify Rockstar Fit promptly of any changes to the payment method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.

The fees quoted by Rockstar Fit are net of any applicable sales tax. If any Service, or payment for any Service, under this Agreement is subject to sales tax in any jurisdiction and you have not remitted the applicable sales tax to Rockstar Fit, you will be responsible for the payment of such sales tax and any related penalties or interest to the relevant tax authority and you will indemnify Rockstar Fit for any liability or expense we may incur in connection with such sales tax. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or such evidence that you have paid all applicable taxes.

Intellectual Property

All IP conceived, developed, comprising, embodied in, or practiced in connection with the Application and the ROCKSTAR FIT Services, including all text, graphics, logos, icons, trademarks, service marks, domain names, video and sound recordings, data compilations, computer programs and computer code, are owned by ROCKSTAR FIT or its licensors and shall not be reproduced, modified, adapted, distributed, published, displayed, uploaded, broadcast, posted, transmitted or hyperlinked in any manner and in any form without the prior written approval of ROCKSTAR FIT or its licensors. You acknowledge and agree that you have no right, title or interest in or to the Application or the Rockstar Fit Services and will not challenge the ownership or right of ROCKSTAR FIT or its licensors thereto.

"IP" means any ideas, data, inventions, discoveries, developments, enhancements, works of authorship, computer programs, databases and technical, business and other information, and any property rights protected under the patent, copyright, mask work rights, trade secret, trademark or other intellectual property or moral rights laws of any state or national government, including all rights under any registrations issued now or in the future by any governmental authority with respect to the same, and all rights under any pending applications for registration filed now or in the future, in any part of the world.

The domain name on which the Application is hosted on is the sole property of ROCKSTAR FIT and you may not use or otherwise adopt a similar name for your own use.

Not to use any Rockstar Fit Content or Rockstar Fit Services for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law; Not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Application, Rockstar Fit Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.

Disclaimers & Limitations

The application and ROCKSTAR FIT services (including without limitation all data, information, content or other matter thereby made available) are provided on an "as is" and "as available" basis. To the extent permitted by law, ROCKSTAR FIT disclaims all representations, conditions and warranties of any kind, express or implied, in relation to the application and ROCKSTAR FIT services, including without limitation all implied conditions and warranties of satisfactory quality, merchantability, fitness for a particular purpose and non- infringement.

ROCKSTAR FIT does not warrant that the Application and Rockstar Fit Services will meet your requirements or that the Application and Rockstar Fit Services will be accurate, complete, reliable, timely, secure or error-free or perform in an uninterrupted manner or be free from viruses, Trojan horses, worms, software bombs or any other malware or be free from defects of any kind, or that the use of the Application or the Rockstar Fit Services will not harm any data or computing system. ROCKSTAR FIT shall not be liable in any way whatsoever for any losses, damage, fees, costs or expenses arising out of or in connection with the use of or reliance on the Application or Rockstar Fit Services (including without limitation all data, information, content or other matter thereby made available) or any downtime or service outage affecting them.

The data and information made available on the Application and in the ROCKSTAR FIT Programmes do not purport, and shall not in any way be deemed, to constitute an offer or provision of any medical, health, professional or expert advice.  You should at all times consult a qualified medical expert or health professional to obtain advice and independent verification of the information and data contained herein before acting on it.

ROCKSTAR FIT excludes all liability for death, injury or damage caused by an individual carrying out exercises contained on the ROCKSTAR FIT application and within the ROCKSTAR FIT programmes. 

You agree that: ROCKSTAR FIT shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Application or Rockstar Fit Services without assigning any reason; and Access to or the operation of the Application, Servers and/or the Rockstar Fit Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event, ROCKSTAR FIT shall not be liable for any loss, liability or damage which may be incurred as a result.

Under no circumstances, including, but not limited to, negligence, shall ROCKSTAR FIT be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the Rockstar Fit Content, Rockstar Fit Services, Application, or any other application.

Linked Sites

Rockstar Fit may provide links to other applications ("Linked Sites") that may be of relevance and interest to users.  v has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.

Data Use & Privacy

Rockstar Fit respects your privacy needs. You agree and acknowledge that Rockstar Fit may collect, use, disclose and process your personal information in connection with the provision of the Rockstar Fit Services. We recognize the importance of your personal data and believe that it is our responsibility to properly manage, protect and process your personal data.  

We may collect personal data from you (either directly or indirectly, through our third party partners or providers) in a number of ways.

Specifically, we may collect the following categories of personal data:

  1. Name, home address, e-mail address, telephone number, credit/debit card or other payment details;
  2. Information such as nationality, place and date of birth, and gender;
  3. Medical conditions or requirements, and dietary preferences;
  4. Information you provide about yourself and any preferences in your account;
  5. Information about your purchases of products and services from us or our partners;
  6. Information about your use of our website or app;
  7. Communications with us or directed to us via letters, emails, chat services, calls, and social media; and
  8. Location, including real-time geographic location of your computer or device through GPS, Bluetooth and your IP address, along with crowd-sourced Wi-Fi hotspot and cell-tower locations, but only if you use location-based features and turn on the location services settings on your device or computer.

Personal details including about your physical or mental health are considered ‚Äúsensitive‚ÄĚ personal data under applicable data protection laws. We will process any such data only if you have given your explicit consent, or it is necessary (for instance if you request special assistance), or you have deliberately made it public.

Your data may be used for the following purposes:

  1. Provide products and services you request: we use the information you give us to perform the services for which you have signed up;
  2. Credit or other payment card verification/screening; and payment information for accounting, billing and audit purposes and to detect or prevent any fraudulent activities;
  3. Administrative or legal purposes: we use your data for statistical and marketing analysis, systems testing, customer surveys, maintenance and development, or in order to deal with a dispute or claim. We may perform data profiling based on the data we collect from you for statistical and marketing analysis purposes, but only with your prior consent, and by making best endeavours to ensure that all data it is based on is accurate. By providing any personal data you explicitly agree that we may use it to perform profiling activities in accordance with this privacy policy;
  4. Security, health, administrative, crime prevention/detection:  we may pass your information to government authorities or enforcement bodies for compliance with legal requirements;
  5. Customer service communications: we use your data to manage our relationship with you as our customer and to improve our services and enhance your experience with us;
  6. Provide tailored services: we use your data to provide information we believe is of interest to you, prior to, during, and after your interactions with us, and to personalise the services we offer to you, such as special offers.

We may process your personal data for one or more of the following:

  • To comply with a legal obligation;
  • Where you have consented to our using your personal data (eg. for marketing related uses);
  • To protect your vital interests or those of another person (eg. in case of a medical emergency);
  • If it is in our legitimate interests to do so (eg. for administrative purposes).

We will not retain your data for longer than is necessary to fulfil the purpose for which it is being processed. To determine the appropriate retention period, we consider the amount, nature and sensitivity of the personal data, the purposes for which we process it, and whether we can achieve those purposes through other means.

We also consider the periods for which we might need to retain personal data in order to meet our legal obligations, or to deal with complaints and queries, and to protect our legal rights in the event of a claim being made.

When we no longer need your personal data, we will securely delete or destroy it. We will also consider if and how we can minimise over time the personal data that we use, and if we can anonymise your personal data so that it can no longer be associated with you or identify you, in which case we may use that information without further notice to you.  

Termination

You agree that ROCKSTAR FIT has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your access to all or any part of the Application or Rockstar Fit Services, without assigning any reason.

Jurisdictional Issues

This Application is owned and operated by ROCKSTAR FIT in Singapore.  ROCKSTAR FIT makes no representation that the Contents of the Application are appropriate or available for use in your location.  Those who choose to access this Application from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Indemnity

You agree to indemnify and hold ROCKSTAR FIT, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:  Any use of the Application or any Service; Your connection to the Application; Your breach of any terms and conditions of these Application Conditions; Your violation of any rights of another person or entity; or Your breach of any statutory requirement, duty or law.

Severability

If any provision of these Application Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Application Conditions shall continue in force save that such provision shall be deemed to be deleted.

Relationship of Parties

Nothing in these Application Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between ROCKSTAR FIT and you and neither party shall have any authority to bind the other in any way.

Waiver

No waiver of any rights or remedies by ROCKSTAR FIT shall be effective unless made in writing and signed by an authorised representative of ROCKSTAR FIT.

A failure by ROCKSTAR FIT to exercise or enforce any rights conferred upon it by these Application Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

Rights of Third Parties

A person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

Downloading Apps from iTunes. 

The following applies to any App accessed through or downloaded from the Apple App Store (‚ÄúApp Store Sourced Application‚ÄĚ):

You acknowledge and agree that (i) this Agreement is concluded between you and Rockstar Fit only, and not the App store owner, and (ii) Rockstar Fit, not the App store owner, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

You acknowledge that the App store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. (c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify teh App store, and the App store will refund the purchase price for the App Store Sourced Application to you and, to the maximum extent permitted by applicable law, the App store will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Rockstar Fit and the App store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Rockstar Fit.

You and Rockstar Fit acknowledge that, as between Rockstar Fit and the App store, the App store is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and Rockstar Fit acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Rockstar Fit and the App store, Rockstar Fit, not the App store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

You and Rockstar Fit acknowledge and agree that the App store, and the App stores subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, the App store will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary hereof.

Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

Force Majeure

No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

For purposes of this Agreement, a "Force Majeure Event" is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party's country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement.

Governing Law & Jurisdiction

These Application Conditions and all matters relating to your access to, or use of, the Application and the Urban Remedy Services shall be governed by and construed in accordance with the laws of Singapore. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.