Please read these terms and conditions (Terms) carefully before using the Platforms and/or the Services, so that you are aware of your legal rights and obligations with respect to Cheat Day Pte Ltd, its related corporations and affiliates (collectively referred to as Ritual, us, we or our).
Ritual may, from time to time, amend these Terms (or any part thereof) at our sole discretion. If we do so, we will notify you by posting the updated Terms (as indicated by a revised “Last Updated” date on this page) on the Platforms. All modifications, additions and deletions will be effective immediately upon posting to the Platforms. By accessing and using the Platforms or using any of the Services after the amendment of these Terms, you are accepting that you are bound by the Terms as amended. If you do not agree to the amended Terms, you have the right to close your Account and/or cease using the Services. Please check these Platforms regularly to ensure that you are aware of all terms governing your use of the Platforms and/or the Services.
If you have any questions or concerns about these Terms or any issues raised in these Terms or on the Platforms, please contact us at firstname.lastname@example.org.
Use of the website
- You hereby represent and warrant that:
- you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Terms and you are accessing the Platforms, using the Services and either contracting in your own personal capacity or contracting on behalf of a corporate entity;
- you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Terms; and
- all of the information provided by you to Ritual (including without limitation personal particulars and contact information) is accurate and complete.
- Ritual reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or any Platform at any time. Ritual may also impose limits on certain features or restrict your access to the Services or any Platform (or part thereof) without notice or liability.
- You hereby represent and warrant that:
DefinitionsIn this Agreement, unless otherwise required, the following terms have the following meanings:
- Account means a registered account of a Member opened under the Platforms;
- Computer means your computer, notebook computer, mobile phone or other electronic device used to access the Platforms or the Services;
- Content means materials, information, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content;
- Member means a registered member of the Platforms;
- Personal Data means, data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access;
- Platform User Terms means the terms and conditions applicable to Members from time to time;
- Platforms means, collectively: (i) the Ritual websites, including, without limitation, www.ritualgym.com and www.ritualgym.tv; and (ii) the Ritual mobile, desktop and device applications (including iOS and Android applications), including, without limitation, the Ritual app and the Ritual Anywhere app), and Platform means any one of them, as applicable;
- Ritual Content means all Content of Ritual that is made available on or via the Platforms;
- Servers means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Platforms and/or the Services;
- Third Party User Content means all User Content which is not created, transmitted, posted or uploaded by you; and
- User Content means all Content on the Platforms which is created, transmitted, posted or uploaded by a user of the Platforms.
Platform and Services
- The Platforms are owned and maintained by Ritual.
- Ritual may offer one or more of the following services on or through the Platforms (each a Service and collectively, the Services):
- access to a collection of information, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts, software applications and other types of works;
- access to an online booking engine;
- access to a web-based client management software; or
- any other features, content or applications that Ritual may offer on or through the Platforms 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 Member and additionally shall be bound to strictly comply with the Platform User Terms in addition to these Terms.
Content use conditions
- You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to: (a) any Service; (b) the Platforms; (c) any Ritual Content except, to the extent permitted, with the prior written consent of Ritual or unless expressly permitted in these Terms; or (d) any Third Party User Content except, to the extent permitted, with the prior written consent of Ritual and the owner or licensee of the specific User Content.
- Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, Ritual Content, or Third Party User Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Ritual.
- You may, for your personal, non-commercial use:
- retrieve and display Ritual Content on any compatible device owned by you; and
- store such Ritual 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).
- All Ritual Content are the copyrighted work of Ritual or its content or software providers, and Ritual reserves and retains all rights in the Ritual Content. Use of some Ritual Content may be governed by the terms of an accompanying end-user license agreement.
- You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Ritual Content available on the Platforms or through a Service except under the specific circumstances expressly permitted by law or Ritual in writing.
- The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Platforms, and all Ritual Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with Ritual.
- he trademarks, logos and service marks (Marks) displayed on the Platforms are the property of Ritual or other third parties, and all rights to the Marks are expressly reserved by Ritual or the relevant third parties. You are not permitted to use any Marks without the prior written consent of Ritual or such third party (as the case may be). Ritual's name may not be used in any way without Ritual's prior written permission.
- The domain names on which the Platforms are hosted on are the sole property of Ritual and you may not use or otherwise adopt any similar name for your own use.
Online conductYou hereby undertake:
- to comply with these Terms, and such other notices or guidelines that may be posted on the Platforms by Ritual from time to time (which are hereby incorporated by reference into these Terms);
- not to use any Service or Ritual Content 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 Platforms, 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; and
- not to use the Account of another Member at any time, whether with or without his/her permission.
Disclaimers and Limitations
- While we make every effort to ensure that all Ritual Content displayed on the Platforms is accurate and complete, we provide the Ritual Content for informative purposes and on an 'as is' and 'as available' basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Ritual disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, Ritual does not warrant that the functions contained in or access to the Platforms, Services, Ritual Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Platforms, Services, Ritual Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Ritual Content in or with any Computer will not affect the functionality or performance of the Computer. Ritual does not warrant or make any representations regarding the use or the results of the use of the Ritual Content, the Services, the Platforms or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not Ritual) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold Ritual liable for the loss of any of your User Content that is due to any circumstances beyond the control of Ritual.
- You agree that:
- Ritual 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 Platforms or Services without assigning any reason; and
- access to or the operation of the Platforms, Servers and/or the 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,
- In no event shall Ritual be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Ritual Content, User Content, Services, any Computers, the Platforms, or any other website. In the event that Ritual is liable for damages despite the foregoing provision, you agree that Ritual's aggregate liability to you for any and all causes of action in relation to the Ritual Content, Services, Platforms, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to Ritual for the 1-year period immediately preceding the time such liability arose.
- Under no circumstances, including, but not limited to, negligence, shall Ritual be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the Ritual Content, Services, Platforms, or any other website, even if Ritual or a Ritual authorised representative has been advised of, or should have foreseen, the possibility of such damages.
- To the maximum extent permitted by applicable law, Ritual disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.
Linked SitesRitual may provide links to other sites (Linked Sites) that may be of relevance and interest to users. Ritual 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.
TerminationYou agree that Ritual has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Platforms or Services, without assigning any reason.
Governing Law and JurisdictionThese Terms and all matters relating to your access to, or use of, the Platforms and the Services shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.
Last updated on 13 May 2020.