TERMS AND CONDITIONS

22 April 2024

1. Scope of Agreement

Please read the following terms of service (the "Terms") carefully. By using or otherwise accessing this website and/or by using our services available at www.undividedperformance.com, you acknowledge that you have read, understood and agree to be bound by these Terms, and the terms and conditions of our Privacy Policy, when using any service or services (collectively the "Service") offered by Undvd Pte. Ltd, a private limited company organised and existing under the laws of Singapore Government, or its parents, affiliates, or subsidiaries (collectively, either "Undivided", "we", "us", or "our"), on or through the website made available by Undivided (collectively, the "Site"), our mobile application ("App"), services provided at our studio and other services that we provide that link to these Terms (the Site, App, and other services, collectively, the "Services"). The term "you" (and "your") for purposes of these Terms, means both you and your individual capacity, and if applicable, the company or other legal entity whom you represent and whose behalf you use the Service.

In order to use the Service you must agreed to these Terms. By, as applicable, accessing or using the Serie in any manner, including, but not limited to, visiting or browsing the Site, downloading the App, or contributing content or other materials to the Site or on or via the App, you agree to be bound by the Terms of Use.

Please note that we offer the Services "AS IS" and without warranties. If you use the Services on behalf of an individual other than yourself, you represent that you are authorised by such individual to accept this Agreement on such individual's or entity's behalf.

2. Changes to this Agreement

We reserve the right to modify the Terms at any time, in our sole discretion. If we modify material terms to these Terms, such modification will be effective after we send you notice of the amended agreement, if applicable under the applicable law. Such notice will be in our sole discretion, and the manner of the notification may include, for example via email, posted notice on the Site or App, or other manner. Your failure to cease use of the Service after receiving notification of the modification will constitute your acceptance of the modified terms.

If you do not agree to any of these Terms or any changes to these Terms, please do not use, access or continue to access the Service, or discontinue any use of the Service immediately.

3. Access and Use of the Site

By using and/or accessing the Site, you hereby agree that:

If you are below 18 years old, you must obtain consent from your parent(s) or legal guardian(s), their acceptance of the Terms, and their agreement to take responsibility for: (i) your actions, (ii) any charges associated with your use or any of the Service, information and functions made available on the Site or purchase of any product, good or merchandise (including any part thereof) made available for sale on the Site; and (iii) your acceptance and compliance with these Terms. If you do not have consent from your parent or legal guardian, you must stop using/accessing the Site.
To access the Service, you may be asked to provide certain details or other information. It is a condition of your use of the Service that all information you provide to us is correct, current and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Service.
From time to time, you may restrict access to some or all parts of the Service, including studio classes, the Site and App.
In order to access some Service available on the Site and App, you must register with us to open an account ("Account"). By opening an Account, you represent and warrant that: (a) you are 18 years of age or older, and that if you are less than 18 years old, your parent or legal guardian has agreed to stand behind any agreement and enter into as a participant on the Site, (b) all information you submit in connection with your opening and use of your Account is true, accurate, current, and complete, (c) you will promptly notify us if your information changes so that we can update your records and (d) your use of the Service does not violate any applicable law, rule or regulation.
You are solely responsible for maintaining the security and confidentiality of the information you hold for your Account. including, without limitation, your username and password, and for any and all activity that occurs through your Account as a result of your failure to keep this information secure and confidential. You hereby agree to notify Undivided immediately if you become aware of any unauthorised use of your Account, user name or password, or any other breach of security in connection therewith.

4. Prohibited Use

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services or engage in any of the following activities:

for any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation.
to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability.
to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
for any commercial purposes.
in any manner that could disable, overburden, damage or impair the Site or App or any other party's use of the Service.
use any robot, spider, or other automated device, process or means to access the Service.
introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

5. Fees

The fees you have to pay and the Terms are as follows:

If you not make any payment when it is due, your Package or Membership may be suspended and you could be refused access to a Studio until all outstanding amounts have been paid.
your Membership or Package may also be terminated if any fees remain unpaid for an extended period. You will still be liable for all unpaid amounts.
you must keep your account details up to date and ensure that there is enough money in your nominated account on the usual payment, or the next working day if that falls on a day when banks do not process process If there is not enough money in your nominated account on the usual payment day, or there is another reasons that your account was unable to be debited you may be charged an additional fees, which may be added to your next debit amount.

6. Health and Safety

When you become a member and each time you use a Studio or participate in a class, you must ensure that:

you are in good physical condition and know of no medical or other reason why you should not exercise.
you are in physical condition and know of no medical or other reason why you should not exercise.
you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of:
- active or passive exercise; or
- participating in a class.

If you are unsure about any of the matters set out above, you should not use the Studio or participate in a Class until you have sought appropriate medical guidance and been given the go ahead.

YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATING IN HIGH INTENSITY TRAINING IS A STRENOUS PHYSICAL ACTIVITY AND MAY NOT BE SUITABLE FOR ALL PERSONS. IMPROPER USAGE OR ANY ITEM OR EQUIPMENT OR A FAILURE TO FOLLOW INSTRUCTIONS FROM AN INSTRUCTOR MAY RESULT IN INJURY OR DEATH.

7. Studio Policies, Rules and Regulations

Membership: Membership includes an annual Membership, half-year Membership, bi-weekly, month-to-month or other prescribed period of Membership where a subscriber to a Membership is entitled to reserve for a class and use the studio’s facilities during the period of Membership. For the avoidance of doubt, the studio’s facilities are accessible to the subscriber only during the duration of the reserved class by the subscriber. All Memberships are non-transferrable.

Package: Package includes 5,10,20,50,100 or other prescribed number of classes during the validity period of the Package. A subscriber to a Package is entitled to reserve a class and use the studio’s class up to the number of classes prescribed in the Package during the validity period assigned to the Package. For the avoidance of doubt, the studio’s facilities are accessible to the subscriber only during the duration of the reserved class by the subscriber. All Packages can be shared to unlimited users.

Open Gym access: Open Gym access could be provided as a complimentary service to subscribers of Package or Membership or chargeable on a monthly basis. Open Gym access allows user to have access to the studio’s facilities during prescribed time periods for the purpose of self-training. All Open Gym users are to exercise within their own limits and acknowledge that UNDVD assumes no liability for any injuries or accidents that may occur during Open Gym sessions.

Cancellations and Reschedule: YOU MUST CANCEL OR RESCHEDULE CLASS 10 HOURS IN ADVANCE. Any cancellation done after the cancellation window will be deem as LATE cancellation and result in a forfeit of the class credit. Members on our UNLIMITED membership will be charged $25 for No-Shows. This includes re-scheduling or switching time slots within the 10-hour notice time period. You may cancel class through our online system.

Cancellations of class: Undivided reserves the right to cancel a class if there are less than 2 participants booked per class.

Reservations: Reservations of class has to be made 6 hours prior to the actual timing of the class. You must be physically present in class 5 minutes prior to the start of the schedules class or your spot may be given to a waitlisted client.

Non-recording of live studio: You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc) of any live classes or activities, whether in person or online is strictly prohibited without the prior written consent or an authorised officer of Undivided. You are, however permitted to record and post lawful, non-offensive content related to your participation in a Undivided’s online before and/or after a class with a consent of each participation who is identified in your content.

Any violation of this non-recording agreement is grounds for exclusion from participation in any Undivided’s activities. You further agree to indemnify, defend, and hold harmless Undivided’s its officers, directors, employees, agents and instructors from and against any claims, lawsuits or other actions, and all resulting loss, damage or cost of any kind (including reasonable attorneys’ fees), resulting from your violation of this non-recording agreement.

Personal belongings: You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risk of loss of any of the personal belongings.

Auto-Renewal: Where you subscribe to a Membership of Undivided, your Membership will automatically be renewed until it is terminated in accordance to the commitment period entered into. You can cancel your subscription at any time, notwithstanding it is cancelled after the commitment period entered into. Early cancellation of the package will result in an one-off charge equal to the remainder of the commitment period. No refunds will not be given for any unused portions of the paid Membership whether monthly, quarterly or annually. For example, if you are subscribing to a monthly paid Membership and cancel during a given month, you will be charged for the whole given month and maintain access to the paid Membership through the end of that month. The cancellation of a paid Membership will go into effect at the end of your current billing cycle.

Bring-A-Friend Programme: From time to time, Undivided may offer Bring-A-Friend Programme to existing, paying members of a Membership or Package holder where they can refer friends to subscribe to eligible class by designated methods prescribed by Undivided. To be eligible for Bring-A-Friend Programme, friends must be new to Undivided (i.e., they have not previously attended any Undivided classes whether as an existing or past Membership or Package holder of Undivided, or via ClassPass or any events or platforms held at Undivided), and must be at least 18 years old and otherwise qualify to be a Undivided’s subscriber. Each Bring-A-Friend Programme will last for a limited time, and Undivided reserves the right to modify, change, add or remove portions of the terms and conditions of Bring-A-Friend Programme at any time without prior notice by posting such amended terms and conditions.

Refund Policy: Classes, Membership, or Packages are non-refundable, with no exception allowed. We do not offer refunds on purchases for our services, beyond your statutory rights.

Suspending your Membership or extension of validity of the Package: You may temporarily suspend or freeze your Membership or Package for any reason if your account is up to date.

For a Membership, you may freeze your Membership 2 times for up to 3 months (for both periods combined) in a 12-month period. We may agree to freeze your Membership for more than the period noted in the above for travel, medical, or hardship reasons but with proof to our reasonable satisfaction.
For a Package, we may extend the validity period if it is for travel, medical or hardship reasons but with proof to our reasonable satisfaction.

Cancellation your Membership or Package: There is no cancellation of Package. As for Membership, you can cancel your Membership at any time by writing in to Undivided. The cancellation will take effective 2 weeks from the date of notification to Undivided. At any point of cancellation, the non-refundable policy still applies. For illustration purposes if the cancellation notified to Undivided on 22 January, the effective date of cancellation will be 4 February, but you will be entitled to book classes and use the studio’s facilities for the intent for the classes till end of February; membership will be chargeable till end of February.

8. Termination & Survival

We may terminate your access to the Service or your Membership, Package, and Open Gym access at any time, in our sole discretion, without cause or notice. The following provisions will survive termination of this Agreement: (1) Termination & Survival, (2) Assignment, (3) Intellectual Property Rights, (4) Governing Law, (5) Indemnification, and (6) Release and Limitation of Liability.

9. Assignment

Undivided may assign its rights and duties under this Agreement to any party at any time without notice to members or users of the studio.

10. Intellectual Property Rights

The content on the Site, and App including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Undivided, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Undivided are non-confidential and shall become the sole property of Undivided.

You agree to not engage in the use, copying or distribution of any of the Content other than expressly written herein. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

11. Indemnification

User or member shall indemnify, defend and hold harmless Undivided for, from and against any and all claims related to or arising out of this Agreement, including, but not limited to user or member’s breach of any representations, warranties or covenants set forth in this Agreement, and the rental, maintenance, design, use or operation of the equipment, the properties, and/or the Site, App, and Services, even where caused in whole or in part of Undivided’s negligence, and/or negligence of others, whether presently known or unknown. At Undivided’s option, user or member will assume control of the defense and settlement of any claim subject to indemnification by member or user (provided that, in such event, Undivided may at any time elect to take over control of the defense and settlement of such claim) In no even may user or member settle any claim without Undivided’s prior written consent.

12. Release and Limitation of Liability

For the consideration of usage of Undivided forever releases and relinquishes and discharges (i) Undivided and its officers, boards and commissions, members, managers, employees, suppliers, agents, representatives, (ii) any owner of property with which Undivided has contracted with to provide real property on which Undivided facility intended for use of provision of the Service from any and all claims, demands, disputes, losses, liabilities, debts, liens, charges, penalties, proceedings, causes of action and damages, including for personal injury, wrongful death, property damage, and industry to user, member of third parties, including unknown or unanticipated claims, which arise from or are related directly or indirectly to this Agreement or the rental, maintenance, design, use and/or operation of Undivided’s equipment, including Undivided’s Site, and App, including any and all claims relate to the sole or partial negligence of Undivided, Undivided’s parties and any other party.

13. Fees

You acknowledge that Undivided’s charges fees for its services and subject to the applicable law. Undivided’s reserves the right to change its fees from time to time in its discretion.

14. Services Interruptions

Undivided may temporarily or permanently suspend its Service without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances. You acknowledge and agree that you are not entitled to a refund or rebate relate to such interruptions.

15. Severability and Waiver

A failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason enforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions.

16. Photography or Video

You agree and consent to Undivided that we may broadcast or telecase your image or likeness in any live, or recorded, photography or image on public channels (e.g., Instagram, Facebook, or Undivided’s official social media or public platforms).

17. Personal Data Protection

You agree and consent to Undivided using and processing your Personal Data for the Purposes and in the manner as identified hereunder.

For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email addresses, any information about you which you have provided to Undivided in registration forms, application forms or any other similar forms and/or any information about you that has been or maybe collected, stored, used and processed by Undivided from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.

The provision of your Personal Data is voluntary. However, if you do not provide Undivided your Personal Data, your request for subscription to Package or Membership or provision of Undivided’ Service maybe incomplete and Undivided may not be able to process your Personal Data for the Purposes outlined below and may cause Undivided to be unable to allow you to use the Service.

Undivided may use and process your Personal Data for business and activities of the Undivided which shall include, without limitation the following (the “Purpose”):

To perform Undivided’s obligations in respect of any contract entered with you;
To provide you with any Services pursuant to the Terms herein;
To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
Process, manage or verify your application for the Service pursuant to the Terms herein;
To validate and/or process payments pursuant to the Terms herein;
To develop, enhance and provide what is required pursuant to the Terms herein to meet your needs;
To process any refunds, rebates and or charges pursuant to the Terms herein;
To facilitate or enable any checks as may be required pursuant to the Terms herein;
To respond to questions, comments and feedback from you;
To communicate with you for any of the purposes listed herein;
For internal administrative purposes, such as auditing, data analysis, database records;
For purposes of detection, prevention and prosecution of crime;
For the Company to comply with its obligations under law;
To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
To notify and invite you to events or activities organised by the Company, its partners, advertisers, and or sponsors; and/or
To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

If you do not consent to Undivided processing your Personal Data for any of the Purposes, please notify Undivided using the support contact details as provided in the Application.

If any of the Personal Data that you have provided to us changes, for example, if you change your e-mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided on the Site. Undivided will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change. By submitting your information to Undivided, you consent to the use of that information as set out in the form of submission and in the Terms.

18. Governing Law

These Terms will be construed and enforced in all respects in accordance with the laws of Singapore without reference to its choice of law rules. The courts seated in Singapore shall have sole and exclusive jurisdiction for all purposes in connection with any action or proceeding that arises from, or relates to, these Terms and you hereby irrevocably waive any objection to such exclusive jurisdiction; provide however, that Undivided may seek to enforce any judgement in its favour in any court of competent jurisdiction.