TERMS AND CONDITIONS OF USE OF THE ACTIVE CHIMP APPROPRIATE (“T&C”)

1. Purpose

1.1 The terms and conditions (together with the documents referred to herein) set out herein (“T&C”) govern your use of the App (as defined below), whether as a guest or a registered user. The App is owned and operated by Premium Milestone Sdn Bhd (Company No. 1097883-V) (“the Company”, “us”, “we” or “our”).

1.2 You are advised to read these T&C carefully before you start to use the App. By browsing,accessing or using the App or any Services (as defined below) available through it, you are deemed to have agreed and consented to and accept these T&C and that you agree and consent to these T&C. Your use of the App or any part thereof shall be deemed as and constitutes your acceptance of these T&C effective immediately thereof. If you do not agree to these T&C, you must cease
using the App immediately.

1.3 We reserve the right to amend these T&C at any time without notice to you by posting such changes online. You are personally responsible to regularly review information posted in the App to obtain timely notice of such changes. If you do not wish to be bound by these amended T&C, you have the right to delete your account(s) on our App and/or to remove our mobile applications. However, your continue use of our App after changes are posted will be deemed to constitute acceptance of the amended T&C.

2. Definitions
The following terms shall have the following respective meanings:

2.1 “App” refers to the The Active Chimp App, a software application program available on the iOS the intellectual property of which is owned by the Company;

2.2 “Purchase” means the purchase of a “gym session”, “program”, “token” and/or “class” or such other services and/or products offered by us through the App.

2.3 “Register” means creating an account on the App.

2.4 “Service” or “Services” means all and any of the services or products provided by the Company via the App, including but not limited to content and transaction capabilities on the App and which are available for Purchase.

2.5 “Voucher” the coupon or voucher issued by the Company after a user completes a Purchase and which Voucher will contain information relating to the account specific PIN to access the facility at the designated time of booking, the booking details (time, duration, name of program and quantity) and a brief description of the booking and which will be stored within the user’s account.

3. Use of the App

3.1 Applicability of the T&C: Your use of the App, of the Services, any Purchase made and/or any other transactions that may be performed or conducted through the App are each subject to these T&C.

3.2 Eligibility: To use the App, the Services and/or to make any Purchase, you must be eighteen (18) years of age or older.

3.3 Scope: The availability of the App, Services and/or any Purchase are strictly for your noncommercial, personal use only. Commercial use for any business purposes or use on behalf of any third party is prohibited, except as expressly permitted by us in writing. For the avoidance of doubt, scraping and hacking of the App is not allowed.

3.4 Prohibitions and Prevention of usage: You shall not misuse the App. You shall not commit or encourage a criminal offence through the use of the App, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other materials on the App which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, or which may corrupt data, cause annoyance to other users, or infringe upon the rights of any other person’s proprietary rights or send any unsolicited advertising or promotional material. We reserve the right, at our absolute discretion, to prevent you from using the App, the Services (or any part of them) and/or from making any Purchase in any of the aforesaid events stated in this Clause 3.4.

4. Registration for the account

4.1 Why to register: You do not need to register to use much of the functionality of the App or to access much of the Services. However, certain Services and related features available on the App may require registration or subscription, such as in order to make a Purchase. This is to ensure that that you will have easy access to print your orders, view your past Purchases and modify your preferences.

4.2 How to register: To register, you need to provide to us with your name, identity card number, contact details, mobile number, email address, payment details and/or such other personal information that we deem required and/or necessary. You agree to provide true, accurate, current and complete information in any registration form of the App and to maintain update such information which in the event of any change thereto, by making changes, additions or deletions to your user account, as required. You shall not misuse the App by creating multiple user accounts and we reserve the right to decline a new registration or to cancel a registered account at any time if we deem fit. By submitting your personal information to Register, you acknowledge that you agree and accept our Privacy Notice and expressly consent to authorize us to process your personal data for such purposes as set out in the Privacy Notice. Please see our Privacy Notice for more details about this.

4.3 Passwords: Once you register with the App, you will create a password to your account. You must keep the password confidential and immediately notify us if any third party becomes aware of that password or if there is any unauthorized use of your email address or your account or any breach of security known to you. You agree that any person to whom your username or password is disclosed is authorized to act as your agent for the purposes of using (and/or transacting via) your account. Please note that you are entirely responsible for any losses if you do not maintain the secrecy of your password.

4.4 Valid email addresses: Your account must be registered with a valid personal email address that you access regularly, so that, among other things, administration emails may be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require you to validate your account if we believe you have been using an invalid email address.

5. Purchase of The Active Chimp Products

5.1 Emails: As a condition of Purchase, we reserve the right to send you administrative and promotional emails. We may also send you information regarding your account activity and purchases, as well as updates about the App, the Services, the Voucher as well as any other promotional offers. You are able to opt-out of receiving our promotional e-mails or to unsubscribe to such information at any time by clicking the ‘unsubscribe’ link at the bottom of any of such e-mail correspondence.

5.2 Confirmation of Purchase: Any Purchase will only be effective and binding upon the Company upon the Company issuing a confirmation of the transaction of the Purchase to you. For the avoidance of doubt, we shall be entitled to refuse or cancel any Purchase without giving any reason therefor prior to the issue of the confirmation of the transaction. No Purchase which has been confirmed by us may be modified or cancelled by you except with the agreement in writing of the Company and on terms that the Company is not obliged to refund any payment made arising from the cancellation or the Company may additionally charge you for such modification. You shall also indemnify the Company in full against all losses, costs, damages, charges and/or expenses incurred by the Company as a result of the modification or cancellation, as the case may be.

5.3 The services listed and provided on the App constitute a ‘willing seller and willing buyer’ basis. All monetary transactions made by you on the App are handled and processed by us in accordance with the The Active Chimp Payment Terms and Conditions stated below.

6. User’s obligations

6.1 Accurate information: You warrant and undertake that all information provided by you to Register and/or in relation to the creation of your account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.

6.2 Contents on the App and/or Services: You are wholly responsible to ensure that any products, services or information available through the App or the Service meet your specific requirements.

6.3 Restrictions: You undertake not to permit anyone else to use the Services and/or App.

6.4 You shall not use the App:

6.4.1 to send any material which is threatening, offensive, indecent, obscene, blasphemous, defamatory , in contempt of court or in breach of confidence, copyright, or privacy or any other third party rights;

6.4.2 to send any material for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;

6.4.3 to send any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

6.4.4 to cause annoyance, inconvenience or anxiety;

6.4.5 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;

6.4.6 for a purpose other than which we have designed them or intended them to be used;

6.4.7 for any fraudulent purpose;

6.4.8 other than in conformance with accepted internet practices and practices of any connected networks; or

6.4.9 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.

6.5 Forbidden uses:

The following use of the Services, the App and/or the Voucher are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:

• • • Furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card;
    • Attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorized to access, or probing the security of other networks (such as running a port scan);
    • Accessing the Services and/or App in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
    • Executing any form of network monitoring which will intercept data not intended for you;
    • Entering into fraudulent interactions or transactions with us (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
    • Using the Services or App (or any relevant functionality of either of them) in breach of these T&C;
    • Engage in any unlawful activity in connection with the use of the App and/or the Services or any Voucher; or
    • Engage in any conduct which, in our absolute opinion, restricts or inhibits any other customer from properly using or enjoying the App and Services.

7. Rules about use of the Service and the App

7.1 We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the App will be free of faults or defects (or Vouchers will be free of error) and we do not accept liability for any defects,errors or omissions. In the event of an error or fault, you should report it by email to: [email protected].

7.2 We do not warrant that your use of the Services or the App will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the App will be transmitted accurately, reliably, in a timely manner or at all.

7.3 We do not give any warranty that the Services or the App is free from viruses or anything else which may have a harmful effect on any technology.

7.4 We will use reasonable efforts to allow uninterrupted access to the Services and the App, however we shall not be held liable whatsoever in the event access to the Services and the App may be suspended, restricted or terminated at any time.

7.5 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Voucher or Services or forming part of the Services from time to time. Your access to the App and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). For the avoidance of doubt, we may also withdraw any information or Voucher from the App or Service at any time.

7.6 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of these T&C.

8. Suspension and termination

8.1 If you (or any other third party authorized by you) use the App, the Services and/or the Voucher in contravention of these T&C, we may suspend your use of the Services, the App (in whole or in part) and/or the redemption of a Voucher.

8.2 Upon suspension of usage, we may refuse to restore the Services or App or Voucher until we receive an assurance from you, in the format that we deem acceptable that there will be no further breach of the provisions of these T&C.

8.3 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone who is in breach of these T&C.

8.4 Without limitation to anything else in this Clause 8, we shall be entitled to immediately or at any time (in whole or in part) to suspend your use of the Services and/or App and/or suspend the use of the Services and/or App if:

8.4.1 you commit any breach of these T&C;

8.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these T&C; or

8.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

8.5 Notwithstanding any other provisions herein contained, we may terminate or suspend your use of the App and/or Services at any time.

8.6 Our right of termination and/or suspension herein shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination and shall be without any liability whatsoever on our part.

9. Indemnity

9.1 You shall defend, indemnify and hold us and our affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the App and/or Services or the placement or transmission of any message, information, software or other materials through the App by you or related to any violation of these T&C by you or authorized users of your account.

10. Standards and limitation of liability

10.1 We warrant and represent that we will exercise reasonable care and skill in performing any obligation under these T&C, and

10.2 This Clause 10 prevails over all other provisions in these T&C and sets forth our entire Liability, and your sole and exclusive remedies in respect of:

10.2.1 the performance, non-performance, purported performance or delay in performance of these T&C and/or any part of the Services; or
10.2.2 otherwise in relation to these T&C or the entering into or performance of these T&C.

10.3 We hereby exclude all Liability in respect of:

10.3.1 the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or App or otherwise; and

10.3.2 the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and

10.3.3 your use of any information or materials on the App (which is entirely at your own risk and your responsibility);

10.4 Subject to Clause 10.6, we do not accept and hereby exclude any Liability for loss of or damage to your (or any person’s) tangible property other than that caused by our gross negligence.

10.5 In all events our Liability for loss of or damage to you (or another person’s) due to our gross negligence or our employees’, subcontractors’ or agents’ gross negligence shall not exceed RM100 or the amount you paid to us, whichever is the higher. Neither corruption of data nor loss of data shall constitute physical damage to property for the purposes of this Clause 10.5.

10.6 We shall have no Liability for:

10.6.1 loss of revenue;

10.6.2 loss of actual or anticipated profits;

10.6.3 loss of contracts;

10.6.4 loss of the use of money;

10.6.5 loss of anticipated savings;

10.6.6 loss of business;

10.6.7 loss of opportunity;

10.6.8 loss of goodwill;

10.6.9 loss of reputation;

10.6.10 loss of, damage to or corruption of data; or

10.6.11 any indirect or consequential loss; and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, Clauses 10.6.1 to 10.6.10 apply whether such losses are direct, indirect, consequential or otherwise.

10.7 In this Clause 10: “Liability” means liability in or for breach of contract, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these T&C, including, without limitation, liability expressly provided for under these T&C or arising by reason of the invalidity or unenforceability of any term of these T&C (and for the purposes of this definition, all references to “these T&C” shall be deemed to include any collateral contract).

11. Data protection

11.1 Please see our Privacy Notice which forms part of these T&C.

12. Advertisements

12.1 We may place advertisements on the App during your use of the App and/or Services.

12.2 We will not be responsible howsoever should you choose to respond to or act on these advertisements.

12.3 Any advertisements may be delivered on our behalf by a third party advertising company.

13. Links to and from other Apps

13.1 Where the App contains links to third party sites and to resources provided by third parties (“Third Party Sites”), those Third Party Sites are merely linked to provide information only and are solely for your convenience. We have no control over and we assume no responsibility for the content of Third Party Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the Third Party Sites linked to the App, you do so entirely at your own risk.

13.2 This App may make available access to Microsites and if it does, it may do so within or otherwise through external hyperlinks.

14. Intellectual property rights

14.1 In these T&C, “Intellectual Property” shall mean in relation to the App and/or the Services, any and all right, title and interest in and to any and all patents and all patent applications (including, without limitation, originals, divisions, continuations, continuations-in-part, provisional, extensions or reissues), design rights (whether registered or not and all applications for the foregoing), copyrights, database rights, topography rights, mask work rights, applications to register any of the aforementioned rights, trade secrets, rights in unpatented know-how and showhow, information, data, drawings, concepts, drawings, schematics, specifications, object code and machine-readable copies of any software, source code relating to any software, rights of confidence, rights of authorship, and any other intellectual or industrial property rights of any nature whatsoever in any part of the world and whether arising under the common law, state law, federal law or the laws of any foreign country. The Company is the legal and beneficial owner of the Intellectual Property and shall retain the perpetual and exclusive proprietary right, title, rights and interest in and to the Intellectual Property and will have the sole right to obtain and to hold in its own name
copyrights, patents, mask works rights, trademark registrations or such other legal protection as the Company may deem appropriate to protect the intellectual property rights in any derivative work thereof.

14.2 None of the materials listed in Clause 14.1 may be reproduced or redistributed or copied, replicated, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written approval. You may, however, retrieve and display the content of the App on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact and observe all and any of copyright and proprietary
notices. You may not otherwise reproduce, replicate, modify copy or distribute or use for commercial purposes any of the materials or content on the App without our prior written approval.

14.3 All rights (including goodwill and trademarks rights) in the trade name of The Active Chimp are owned exclusively by us. Other product and company names mentioned on the App are the trademarks or registered trademarks of their respective owners.

14.4 Title, ownership rights and intellectual property rights in and to the contents accessed using the App and the Service are the property of the applicable content owners respectively and may be protected by applicable copyright or other law and your use of the App gives you no rights to such contents.

14.5 Any material you transmit or post or submit to the App (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under the relevant personal data protection legislation. In respect of all materials supplied by you to us from whatever source (i.e. via email, the App or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute worldwide any such material.

14.6 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the App; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in and to the Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to the Ideas and that we are only willing to consider Ideas on these terms. In any event, all Ideas are submitted on a non-confidential basis and we assume no obligation, express or implied by receiving and/or considering them. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.

15. General

15.1 Interpretation: In these T&C unless there is something in the subject or context inconsistent
therewith:

(a) words denoting any gender shall include all genders;
(b) words denoting the singular number only shall include the plural and vice versa;
(c) reference to any person includes a reference to any person for the time being deriving title under such person;
(d) words denoting natural persons include firms, bodies corporate and unincorporated and authorities and vice-versa;
(e) reference to any agreement (including but not limited to these T&C) includes a reference to the same as from time to time modified or varied in any manner or respect whatsoever and any other instruments or documents from time to time issued or executed supplemental thereto, in addition thereto or in substitution therefor whether before or after the date hereof;
(f) reference to a law, regulation, order or guideline is a reference to a law, regulation, order or guideline as may from time to time be amended, modified, varied or extended whether before or after the date hereof;
(g) the words “hereof”, “herein”, “hereto”, “hereinafter” and “hereunder”, and words of similar import, shall refer to these T&C as a whole and not to any particular provision of these T&C;
(h) where an act is required to be done within a specified number of days after or from a specified date, the period shall begin to run from the day immediately after the date so specified;
(i) the headings and sub-headings in these T&C are inserted for convenience only and shall be ignored in construing these T&C;
(j) no rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation or drafting of these T&C or any part of these T&C;
(k) the recitals of and schedules to these T&C form an integral part thereof; and
(l) where two or more persons are included in the expression “you” “your” and/or “user” all covenants, agreements, terms, conditions and restrictions shall be binding on and applicable to them jointly and severally and shall also be binding on and applicable to their successors in-title, personal representatives and permitted assigns respectively jointly and severally.

15.2 No partnership/agency: Nothing in these T&C shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

15.3 No other terms: Except as expressly stated in these T&C, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

15.4 Assignment: You shall not assign or delegate or otherwise deal with all or any of your rights or obligations under these T&C without our prior written consent. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these T&C to any person.

15.5 Force majeure: We shall not be liable for any breach of our obligations under these T&C where we are hindered or prevented from carrying out our obligations by any cause outside our control, including lightning, fire, flood, extremely severe weather, strike, lock-out, labor dispute, act of God, war, riot, civil commotion, malicious damage, disruption of electricity supply, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

15.6 Entire agreement: These T&C contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to the establishment of formation of contract contemplated herein except as expressly stated in these T&C. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these T&C (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform these T&C) and that party’s only remedies shall be for breach of contract as provided in this T&C. However, the
Service is provided to you under our operating rules, policies, and procedures as published from time to time on the App.

15.7 No waiver: No waiver by us of any default of yours under these T&C shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these T&C.

15.8 Notices: Unless otherwise stated within these T&C, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.

15.9 Third party rights: All provisions of these T&C apply equally to and are for the benefit of the Company, its related companies (as defined in the Companies Act, 2016), affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own (save that these T&C may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of these T&C is otherwise enforceable pursuant to the relevant local governing laws by any person who is not a party to it.

15.10 Survival: In any event, the provisions of Clauses 7, 9, 10 and 14 of these T&C, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the T&C or your use of the App and/or Services. In the event you use the App or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the App or Service. In the event you use Voucher bought under these T&C, then those provisions applicable to Voucher will survive termination of these T&C or your use of the App and/or Services.

15.11 Severability: If any provision of these T&C is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these T&c shall not be affected.

15.12 Governing law: These T&C (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of Malaysia and the courts of Malaysia shall have jurisdiction.

Terms and Conditions of Tokens

1. Introduction
Tokens are only applicable for the exchange of Classes and Personal Training offered by The Active Chimp. Tokens have no cash value or any other value outside of The Active Chimp App and are not redeemable for cash. For the avoidance of doubt, the tokens do not operate or serve as electronic money in any way. You may not transfer, trade, gift or otherwise exchange Tokens.
Tokens expire after 1 year (365 days) of the Purchase, meaning that any tokens you don’t use during the applicable validity will not roll over into the future, unless we expressly communicate otherwise. If you would like to terminate your account for a refund, the refund policy will be as per stated in the Clause 3 below. All unused tokens will expire immediately. There will be no refund or payment for any unused amount. In order to use any Tokens, it has to be within it’s validity period.
These terms and conditions of Tokens (“Payment Terms”) must be read and understood before accessing and/or using the App and the Services. The Payment Terms set out below govern the rights of both the user as well as the Company throughout the transaction process. It also represents
a legally binding agreement between the Company and you as the user. From time to time, the Payment Terms may be revised. Notification of the changes will be updated and posted on all relevant Apps. Any use of the App and/or performance of any transactions after the said updates or revisions will be deemed that you have read and agreed with the updated/revised Payment Terms. If you are not in agreement with the revised or amended Payment Terms, you shall immediately discontinue the use of the App and all other Services provided by the Company (including all its subsidiaries, brands, related and/or associated companies/brands).

2. Purpose of Token
Tokens are used to place your bookings for the Gym, Programs and/or Personal Training sessions which you as the user would attend. It serves no other purpose outisde the premises of booking appointments.

3. Purchases and Payment
Token Purchase transactions are to be made according to the prices listed on the App. When a transaction takes place, payment is processed through a payment gateway by a credit card / debit card / acceptable online banking transaction method and the price of the transaction is charged to the selected payment method immediately. A current, valid and accepted payment method by way of a credit card, debit card or an acceptable online banking transaction method (“Payment Method”) must be provided to us for use of the Service or making a Purchase. When using our Service, it is deemed that the stipulated price in respect of each item on the App is agreed upon your transacting the same. Should the Payment Method fail, we retain the right to request and/or seek payment from you through other avenues. Payment method may be changed at the “Payment” page (mobile application). In the situation where payment is unsuccessful due to any reason (expiration, insufficient funds or otherwise), you are responsible to change your payment method. Failure to do so may result in our continuing to bill in accordance with your the pre-selected payment method. You shall be wholly responsible to resolve any/all dispute(s) with your financial institution, credit/debit card issuer or provider of your selected Payment Method.

Refunds:
(1) Upon confirmation by the Company of any purchase in accordance with Clause 5.2 above, no refund of any payment will be made by the Company except under the following circumstances:
(i) Tokens can be refunded for cash or through bank transfer within 7 days of the date of your first payment was made to the purchaser’s bank account. However, in each case we reserve the right to charge a fee to cover the cost of any class or other services or products you may have used or received prior to your refund.
(ii) In respect of bookings for a gym session, refund will be granted if the cancellation is made within five (5) minutes of the Company’s confirmation in the form of Tokens of equal value as the amount used to make the booking.
(iii) In respect of bookings for a gym session, refund will be granted if the cancellation is made not less than two (2) hours before the starting time of the gym session as booked by the user in the form of Tokens of equal value as the amount used to make the booking. For the avoidance of doubt, except in the case of (i) above, no refund will be given if the cancellation is made and/or received by the Company less than two (2) hours before the starting time of the gym session as booked by the user.
(iv) In respect of bookings for a class session, refund will be granted if the cancellation is made within five (5) minutes of the Company’s confirmation in the form of Tokens of equal value as the amount used to make the booking.
(v) In respect of bookings for a class session, refund will be granted if the cancellation is made not less than two (2) hours before the starting time of the class session as booked by the user in the form of Tokens of equal value as the amount used to make the booking.. For the avoidance of doubt, except in the case of above, no refund will be given if the cancellation is made and/or received by the Company less than two (2) hours before the starting time of the class session as booked by the user.

(2) There shall be no cash refunds for any cancellation of bookings. All refunds for booking cancellations will be credited into the Token account of the user with the exception if the conditions of Clause 3(1)(i). 

(3) All refunds of Tokens to cash and/or through bank transfer are only to be done over the counter at The Active Chimp outlet(s) and up to fourteen (14)working days to clear.

4. Termination

If the Payment Terms are violated by the user, the Company reserves the right to immediate termination and/or suspension of your account.
Unless we communicate otherwise, you may terminate your App Account at any time before your Tokens are depleted or expired over the counter if you would like to terminate your account. Unless we communicate otherwise, and except for during a Trial, should you choose to terminate and receive a refund in which case your access will be terminated immediately. Note that if you do terminate your App Account, you will lose all Tokens and/or Passes within the account with immediate effect.
If you have decided to terminate your account, due to your relocation, disability or death; provided, that we reserve the right to charge a fee to cover the cost of any class or other services or products you may have used or received prior to your termination and to ask for proof of such changed condition, to the extent permitted by law.

5. Holding of Funds

In order to ensure the authenticity and integrity of all transactions, the Company reserves the right to hold funds or proceeds from transactions under a “pending” state beyond the normal period to ensure that the transactions made are genuine.

6. Indemnity

By using the App and its Services, you hereby agree to indemnify and keep the Company indemnified and hold the Company harmless against all liabilities, losses, penalties, charges, costs and expenses which may be suffered by the Company arising from the misuse of the App or from a breach of terms and conditions of these T&C.(i) Tokens can be refunded for cash or through bank transfer within 7 days of the date of your first payment was made to the purchaser’s bank account. However, in each case we reserve the right to charge a fee to cover the cost of any class or other services or products you may have used or received prior to your refund.