The below is what we mean. Below that, is how the Lawyers succinctly explain it.
We are going to try and sell your stuff for you.
You can sell pretty much any stuff through our website as long as it falls within sport / fitness and health (and is legal!)
It must be cheaper on our site than advertised on your own site. i.e. if it is $20 on your site, please make it $19 or less on our site.
It is free to advertise your services on our site
If we sell something for you we take a 30% commission fee
Any banking / credit card / Paypal charges are paid for by you
If a customer fails to cancel within 24 hours and fails to show up you will still get paid
2. Definitions: For the purposes of these Terms, the following words shall have the following meanings:
a. “Member” means any individual who has become a customer of Fitness-Buffet;
c. “Service Provider” means the third party service provider offering goods and services to a Member on presentation of a valid Voucher;
d. “Terms” means these terms and conditions;
e. “Vouchers” means vouchers issued by our Service Providers and sent to our Members in consideration for their Membership; and
f. “Website” means the website run by Fitness-Buffet Pte Ltd with the url www.fitness-buffet.com or partners.fitnessbuffet.com or associated sites.
g. “Product” means something physical (a t-shirt) but can also refer to sessions such as ‘5 personal training sessions’ or ‘one months membership’
h. “Sessions” means something that has a limited availability such as ‘Bootcamp at 6pm every Tuesday’. Sessions are sold for specific classes and times.
i. “Free Offer” this is a free trial that allows a first time customer to come and try your services for free. Fitness-Buffet reserves the right to aggregate these into a bundle and sell to members.
3. Your use of the Website As a condition of your use of this Website, you warrant that:
a. you are an individual at least 18 years old;
b. you possess the legal authority to enter into this contract and create a legal obligation; and
4. Service Provider To become a Service Provider you will complete the procedures set out on the Website. Once your product / service / free trial offer has been made, a confirmation email will be sent to you via the email address specified in your Service Provider application.
Your role as a Service Provider will be valid for so long as you offer a product/ service / free trial offer. You may cancel at any time.
5. Website Availability While we will use our reasonable endeavours to make sure that the Website is always available to you, you acknowledge that your access to the Website may be interrupted, suspended or terminated. Fitness-Buffet retains the right, at our sole discretion, to suspend access to the Website, whether for an individual Service Provider, Member or for all Members, at any time and for any reason. The Website and the services we provide to you may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. We are not responsible for any delays, delivery failures or other damage resulting from such problems.
7. Use of Website Our Website is our private property and your use of it is governed by these Terms. The following activities on our Website are prohibited. If we believe you to be engaging in, or otherwise facilitating, any of these activities, we may without prior notice and with no liability to ourselves, terminate your Membership and block your access to the Website as well as seeking such other remedies as may be available to us in law. You are not in any circumstances permitted to:
a. knowingly or negligently submit incorrect information to the Website;
b. attempt to interfere with the security, integrity, functionality or configuration of the Website in any way whatever;
c. attempt to access or otherwise communicate with any other Members through use of the Website in a manner not sanctioned by us in writing;
d. copy any elements of the Website’s content, look and feel, configuration or functionality either in whole or in part and use the Website or your Membership of Fitness-Buffet in order to provide a service that in any way competes with Fitness-Buffet whether directly or indirectly, on-line or otherwise;
f. transfer, sell or otherwise profit from any of the Vouchers.
8. Termination and liability You may terminate this contract for breach if we fail to acknowledge your registration as specified in these Terms and we do not remedy that failure within 10 calendar days of your written notice to us describing the failure. The maximum aggregate liability of Fitness-Buffet and any of its employees, agents, suppliers or affiliates in connection with this contract (including any breach of contract, tort, strict liability, violation of law and infringement) will not exceed an amount equal to any subscription fee paid by you and received by Fitness-Buffet and in consideration of which you would have received acknowledgment.
We may terminate this contract if you breach any of your obligations stated in these Terms and you do not remedy that failure within 10 calendar days of our written notice to you. We may terminate this contract immediately without notice if you do not possess the legal authority to enter into this contract and create a legal obligation on behalf of the company represented to be the Service Provider.
In the event that Fitness-Buffet terminates this contract and your company of, or access to, this Website as a result of your breach of any of the Terms, you will indemnify Fitness-Buffet, its officers, employees, partners and agents against any losses, costs, claims, damages, expenses, liabilities, proceedings or demands (including reasonable legal fees) relating to, arising out of or in connection with a breach by you of any of these Terms.
Other than an expressly specified in these Terms and to the maximum extent permitted by law, Fitness-Buffet, its officers, employees, partners and agents, exclude all liability for any direct, indirect, incidental, special or consequential loss or damage arising out of, in relation to or in connection with your use of the Website, its content, the offers made thereon and accepted by you and this contract, regardless of whether such liability is based in contract, tort (including negligence), strict liability, breach of warranties, failure of essential purpose, fundamental breach, breach of a fundamental term or otherwise, and even if advised of the possibility of such damages.
9. Vouchers Vouchers represent certain promotional offers being made by Fitness-Buffet’s Service Providers from time-to-time and are redeemable from the Service Provider identified on the Voucher for the services specified on that Voucher.
Only the Service Provider is responsible for providing the service described on the Voucher. Fitness-Buffet has no responsibility for the behaviour of any Member utilising the Voucher(s) issued by Fitness-Buffet on behalf of a Service Provider.
The Service Provider bears sole responsibility for the provision of all goods and services and for any liabilities, costs, losses, injuries, illnesses or other damages or loss that may be suffered as a result of any act or omission by a Service Provider or any other third party arising in connection with the use of a Voucher and the goods and services provided by the Service Provider thereunder, whether or not negligent.
You expressly agree that Fitness-Buffet, its officers, employees, directors, partners and agents shall bear no liability of any sort arising from, related to or in connection with any act or omission of a Member in connection with your use or redemption of a Voucher issued by that Service Provider in relation to use of goods or services provided by that Service Provider.
11. Intellectual Property All content on this Website, including but not limited to images, logos, trademarks, text, graphics, audio clips, and software, together with the look and feel and format of the content and the Website is the property of Fitness-Buffet or its Service Providers and is protected by intellectual property laws including, but not limited to, copyright laws. You will not copy, distribute, re-sell, transfer or otherwise reproduce or trade in any of the content, information, software, products or services that are made available to you through the Website. Any violation of this provision may constitute an infringement of the intellectual property rights of Fitness-Buffet or its Service Providers and result in legal proceedings being issued against you. Fitness-Buffet is a trademark of Fitness-Buffet Pte Ltd and is the exclusive property of Fitness-Buffet Pte Ltd and nothing in these Terms shall alter that.
12. Warranty Fitness-Buffet, its officers, employees, partners and agents do not warrant that your use of this Website shall be free of interruptions or errors. Fitness-Buffet does not give any warranty as to the accuracy, reliability, or content of any vouchers, goods or services offered though the Fitness-Buffet Website and, to the extent permitted by law, Fitness-Buffet excludes all conditions, warranties and representations, whether express or implied, and whether based in statute, common law or otherwise relating to this contract and that are not contained in this contract, including but not limited to quality, merchantability and fitness for a particular purpose.
13. Indemnity You agree to indemnify and hold harmless Fitness-Buffet and its employees, directors, affiliates and agents, from and against all claims, expenses or liability in connection with any good or service offered by a Service Provider or actions of a Member.
14. Waiver and severability Any waiver of a breach of any term of these Terms or any default hereunder shall not be deemed a waiver of any subsequent breach and shall in no way affect the other terms of this Agreement.
No failure or delay to exercise any right, remedy, power or privilege of that party under these Terms shall be construed as a waiver thereof.
If any part of these Terms is held to be illegal, unenforceable or invalid in whole or in part, the remainder of these terms shall continue to be valid.
15. Entire Agreement These Terms constitute the entire agreement and understanding of the parties and supersede all prior agreements, understandings, or arrangements (both oral and written) relating to the subject matter of these Terms.
16. Governing Law These Terms and the relationship between you and Fitness-Buffet will be governed by the laws of the Republic of Singapore and any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.
These Terms and Conditions were last updated on 1 August 2013