The Ice Bath Club Pte. Ltd. (“TIBC”, “we”, “us” or “our” as the context may require) operates a membership-based social club with shared recovery facilities and cafés at our physical establishments (“TIBC Establishments”). 

By accessing any part of our website, the TIBC Establishment and/or using any of the Services provided by us, you shall be deemed to have read, understood and accepted, and shall thereby be legally bound by, the terms and conditions set out in this Terms of Service (these “Terms”).

SERVICES


Recovery Facilities. 


TIBC offers shared recovery facilities including ice baths, hot baths and saunas within the TIBC Establishments (“Recovery Facilities”). 

The Recovery Facilities are available to all Members at any time without requiring an advance booking or reservation. However, as there is a maximum capacity limit for each of our Recovery Facilities, the Recovery Facilities are subject to availability and we do not guarantee availability of the Recovery Facilities at the material time.

The Recovery Facilities may be reserved for private events from time to time. The Recovery Facilities will also be closed for a few days each year for cleaning and maintenance. The Recovery Facilities will not be available for Members’ access and use while a private event or cleaning and maintenance process are ongoing. TIBC will use commercially reasonable efforts to inform all Members of such closures (including by posting a notice on our website and by sending emails or other notifications via SMS, WhatsApp or other messaging services). You are not entitled to any refunds relating to the unavailability of the Recovery Facilities during these closures.

Ad-Hoc Services. TIBC may from time to time offer ad-hoc additional services (“Ad-Hoc Services”) such as breathwork classes on such terms and at such timings as we may in our sole discretion determine. Ad-Hoc Services are neither guaranteed nor fixed.

Variation of Services. 


The available Recovery Facilities and Ad-Hoc Services (collectively, the “Services”) may vary at different TIBC Establishments.

TIBC reserves the right at any time to modify, remove, suspend or discontinue, temporarily or permanently, all or any part of the Services, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, removal, suspension, discontinuance or termination of any Services.

MEMBERSHIPS AND ACCOUNT
2.1 Memberships.

All Services are available to persons above the age of 18 who have purchased a paid membership (“Members”) only. Memberships are available as:

Single-Session Passes – a one-time pass that grants the Member the right to access and use the Recovery Facilities for one session only. A session is considered spent once the Member exits the Recovery Facilities

Pass Packages – a package containing a stated number of Single-Session Passes

Subscriptions – an automatic rolling subscription with a fixed term which is payable on a weekly basis. Full access to the Services is available to a Member while their Subscription is active and subsisting (collectively, the “Memberships” and each, a “Membership”). The prevailing fees applicable to each respective Membership are available on our website.

Single-Session Passes and Pass Packages:

are payable in full upfront upon purchase;

are only valid for use within the stated validity period. Upon expiry of the applicable validity period, all unused session passes will be forfeited and you will not be entitled to any refund in respect thereof; and

are non-cancellable and non-refundable in whole or in part.

Subscriptions:

are ongoing memberships which will continue in force until and unless cancelled by yourself or TIBC in accordance with these Terms;

are payable in advance at the beginning of every week, commencing from the date of your original purchase of the Subscription;

may be paused at different times upon special written request which must be given at least seven (7) days in advance of the start of the proposed pause period, provided that each pause period must be in weekly blocks with a minimum pause period of 1 week and subject to a maximum cumulative pause period as indicated in the details of your Subscription tier, and your Subscription term will extend for such number of weeks equivalent to the pause period. TIBC reserves the right to reject any request to pause a Subscription if insufficient advance notice is given and/or any of the pause conditions are not met; and
For the avoidance of doubt, annual subscription memberships are not eligible for pausing under any circumstances. Members who purchase annual subscriptions understand and agree that their subscription term is continuous and non-interruptible for its full duration. No refunds, or credit will be provided for any period of non-use or inability to access the Services during the annual subscription period, and

may be cancelled before the end of the prevailing Subscription term by contacting us at Help@theicebathclubs.com, subject to an early cancellation fee as indicated in the details of your Subscription tier.

TIBC reserves the right to change or modify the terms of each Membership type such as the number of Single-Session Passes in a Pass Package, Membership Fees, Subscription term, timing or frequency of charge. In such event, we will take commercially reasonable efforts to provide you with reasonable notice of such change. In respect of Subscriptions, changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have taken effect. If you do not agree with the changes to our pricing terms, your only recourse is to cancel your Subscription.

Account.

You are required to create an account (“Account”) on our website to purchase your desired Membership. 

By completing the registration procedures displayed on the relevant registration page(s) and providing us with your personal data in the course of registering your Account with us, you:

represent and warrant to us that you are above the age of 18 and possess the legal capacity, right and ability to enter into these Terms and comply with its terms; 

represent and warrant to us that you are providing, and you will maintain, accurate, current and complete information for your Account, including as applicable, your name, contact, and payment information;

agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name;

agree that we may take steps to verify the accuracy of information you provide; and

acknowledge and agree that TIBC may use, store, process and/or disclose your personal data in accordance with our Privacy Policy.

We have adopted and implemented a policy that provides for the suspension or termination, with or without notice, in appropriate circumstances and in our sole and absolute discretion, of the accounts of users who violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for offensive, abusive, or illegal conduct. If your Account is terminated for cause, you are not entitled to any refund for any amounts paid to TIBC for any Services.

You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your Account that you can reasonably control. You may not share your password or other login information with any person; any use of your Account by any person other than yourself is grounds for suspension or termination of your Account. You agree to promptly notify us of any unauthorised use of your username, password or other account information, or of any other breach of security that you become aware of involving your Account. You agree not to use the account, username or password of any other account holder at any time. TIBC will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge and/or your failure to comply with this clause.

You acknowledge and agree that TIBC may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of TIBC, the other users of our website and Services, and the public. However, under no other circumstances will TIBC intentionally disclose your account information to any third party except as otherwise provided in our Privacy Policy.

Non-Transferability. Your Membership and Account are personal to you. They are non-transferable and you may not share your Membership and/or Account with any third party or otherwise permit any third party to use your Membership and/or Account to access and use the Services. You are responsible for ensuring that no third party uses your Membership and/or Account. 

2. PAYMENT

General Payment Terms. 

To purchase a Membership on your Account, you will be required to provide your credit card, debit card or other payment card (“Payment Card“) details and other relevant information such as Payment Card expiry date and billing address (“Payment Information”) at the time of payment. By providing any Payment Card details to us, you represent and warrant that such payment information is correct and belongs to you or you have the authority to use such Payment Card, and you have the legal right to use all payment method(s) represented by any such Payment Information. You further acknowledge and agree that we may use, store and disclose your Payment Card details in accordance with our Privacy Policy.

By initiating a transaction with us, you authorize us to provide your Payment Information to third party service providers so we can complete your transaction and you agree (a) to pay the applicable fees and any taxes; (b) that we may charge your credit card or third-party payment processing account for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your purchase. 

You are responsible for notifying us of any changes to your Payment Card details and to update your information if your Payment Card has expired. We may suspend, terminate and/or otherwise interrupt your access to the Services or any portion thereof if you fail to so notify us.

TIBC reserves the right to not process or to cancel your purchase in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances that we deem appropriate in our sole discretion. TIBC also reserves the right, in our sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your transaction (such information is included within the definition of Payment Information). TIBC will either not charge you or refund the charges for orders that we do not process or cancel.

Where applicable, you are responsible and liable for any costs and expenses, including attorney and collection fees, that TIBC may incur in our efforts to collect any outstanding payments due from you. This paragraph will in no way limit any other remedies available to TIBC.

You are required to notify us of any billing problems or discrepancies within thirty (30) days after they first appear on your Payment Card statement by sending a written notice to Help@theicebathclubs.com. If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies.

All fees are non-refundable unless otherwise stated.

Special Payment Terms applicable to Subscriptions. 


Unless and until you or TIBC cancels your Subscription, you authorize us to charge your Payment Card for your continued Subscription for the then-applicable Subscription fees. You must cancel your Subscription before it renews to avoid the billing of the fees for the next Subscription term.

If TIBC is for any reason unable to effect automatic payment via your Payment Card, we will attempt to notify you via email or other messaging services and your Subscription (and any corresponding access to the Services) shall be suspended until payment is received. TIBC reserves the right to terminate your Subscription and/or your membership without notice to you in the event of continued non-payment and to charge you a failed payment fee for unsuccessful debit instructions.

Your Payment Card will not be charged for the weeks in which your Subscription has been paused in accordance with Clause 2.1.3(d). 

The early cancellation fee will be automatically charged to your card if you cancel your Subscription early in accordance with Clause 2.1.3(e).

3. DISPUTES

Disputes. At TIBC, we are committed to providing you with a pleasant and enriching wellness experience. If you have any queries or issues relating to the TIBC Establishments, Memberships, Services or any feedback, please contact us at Help@theicebathclubs.com, and we endeavour to be in touch with you within five (5) working days.

4. COMPLIANCE WITH ADDITIONAL TERMS, HOUSE RULES, POLICIES AND LAWS

Lawful Use. You must only use the Services and the TIBC Establishments for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Services and/or the TIBC Establishments.

House Rules and Other Policies. You acknowledge that the TIBC Establishments are shared spaces and you are required to comply with our House Rules and other terms, rules, policies or codes of conduct as TIBC may impose from time to time by written notification to you (collectively, “TIBC Policies”). All such TIBC Policies are hereby incorporated by reference into these Terms. In addition, you also have the duty to ensure that your conduct and behaviour within any of our TIBC Establishments and through the use of the relevant Services comply with all applicable laws and regulations.

Consequences of Non-Compliance. If you fail to comply with any provisions of these Terms and/or TIBC Policies, TIBC reserves the right, at our sole discretion and without prejudice to our other rights, to: 

request that you leave the premises of any of our TIBC Establishments;

suspend or terminate your Membership and the provision of any Services to you without liability to you;

temporarily or permanently restrict your access to any or all TIBC Establishments; and/or

take any other action that TIBC deems necessary and appropriate. 

CONFIDENTIALITY


Confidentiality Obligations. TIBC shall at all times keep confidential and not disclose to any third-party confidential information except as permitted by this Clause 6 and for the purposes of performing our obligations under these Terms, and agrees to protect the confidential information with security measures and a degree of care that would apply to our own confidential information.

Permitted Disclosures. Notwithstanding Clause 6.1 above, TIBC may disclose confidential information:

to TIBC affiliates and third-party payment providers;

to TIBC’s officers, directors, employees, auditors, advisors, subcontractors and other persons providing services to it where (provided that such person is under a duty of confidentiality in relation to the confidential information, professional, contractual or otherwise) to the extent necessary for TIBC to perform our obligations under these Terms;

where requested or required by law, regulation and/or any court of competent jurisdiction or any competent banking, taxation, judicial, governmental, supervisory, regulatory or equivalent body; and

to any other person where necessary for the performance of our obligations under these Terms with your consent.

Survival. Notwithstanding any other provisions of these Terms, the obligations of confidentiality under this Clause 6 shall survive the termination or expiration of these Terms for a period of two (2) years thereafter.

6. INTELLECTUAL PROPERTY RIGHTS

Content. Our website, Services and all materials, including but not limited to photographs, illustrations, videos, data, text, images, logos, maps, plans, literary, artistic, musical works and all representations, information and all works in any media or format whether relating to activities, programmes, products and/or services offered by any part of TIBC and our affiliates (the “Content”) are proprietary to and are protected by copyright, trademark and other forms of intellectual property rights (“Intellectual Property”) owned, licenced to or controlled by TIBC or our affiliates. If there are any Services which enable you to use any Content, or other materials owned or licensed by us only after you become validly authorised by us, we grant you a limited, personal, revocable, non-exclusive, non-sublicensable, non-transferable license solely to access and use the specific Services, and any related software, Content, or other materials for the specified duration and FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.

Restrictions. Except as otherwise expressly provided and agreed to in writing by TIBC, you are strictly prohibited from using, uploading, downloading, recording, copying, reproducing, re-publishing, transmitting, communicating, distributing, disseminating, decompiling, disassembling, modifying, adapting in any way, the Content or any part thereof.

Prohibitions. You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system, digital rights management technology, user and/or country limitations or any other technology used with any Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce any Services to a human-readable form; (iii) remove identification, warnings, disclaimers, disclosures, copyright or other proprietary notices in or on the Services; (iv) access or use any Services in an unlawful or unauthorised manner or in a manner that suggests an association with our Content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Services or any part thereof, except as expressly authorised in these Terms or as part of the Services provided to you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Services or connected network, or interfere with any person or entity’s use or enjoyment of any Services; (vii) access, monitor, or copy any element of the Services using a robot, spider, scraper or other automated means or manual process without our express written permission; or (viii) sell, resell, or make commercial use of the Services, unless you have an executed agreement with us that expressly allows for such activity.

Retention of Rights. TIBC and our affiliates retain all rights, title and interest in all Intellectual Property in the Content and all concepts, systems, whether written or graphic and all other materials produced by or on behalf of TIBC, including those on our website.

PERSONAL DATA


Personal Data. You hereby acknowledge and agree that personal data relating to you (including without limitation any personal data which you provide to us at the time of registering your account with us and any Payment Card details) may to the extent that it is reasonably necessary in connection with the Services be collected, processed and used by TIBC and our affiliates and be disclosed in accordance with our privacy policy (“Privacy Policy”).

Privacy Policy. You can access our Privacy Policy here and you hereby represent that you have read, understood and agreed to our Privacy Policy, which may be amended from time to time.

HEALTH AND SAFETY; ACKNOWLEDGEMENT OF RISKS AND LIMITATION OF LIABILITY


HEALTH DISCLAIMER. ALTHOUGH TIBC PROVIDES THE SERVICES WITH YOUR HEALTH AND SAFETY IN MIND, EACH INDIVIDUAL HAS THEIR OWN LIMITATIONS AND IT IS THEREFORE CRITICAL THAT YOU CONSULT YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROVIDER FOR NECESSARY MEDICAL OR APPROPRIATE CARE, FOLLOW ALL SAFETY AND OTHER INSTRUCTIONS PROVIDED, AND OBTAIN APPROPRIATE AUTHORISATION BEFORE ACCESSING OR USING ANY SERVICES, ESPECIALLY IF YOU ARE FEELING UNWELL, PRONE TO INJURIES, ARE PREGNANT OR NURSING, SUFFERING FROM A CHRONIC ILLNESS OR UNDERGOING TREATMENT FOR A CHRONIC ILLNESS (SUCH AS CHEMOTHERAPY FOR CANCER) OR HAVE ANY OTHER UNIQUE OR SPECIAL PHYSICAL AND/OR MEDICAL CONDITIONS. ANY INDIVIDUAL RESULTS USING THE SERVICES MAY VARY.

CAUTIONS AND ADVISORIES. IF YOU HAVE ANY INFECTION, RASH, ABRASION, CUT, OPEN WOUND OR SORE THAT MAY COME INTO CONTACT WITH SHARED FACILITIES SUCH AS BENCHES, TUBS, AND/OR OTHER EQUIPMENT, DO NOT USE THE RECOVERY FACILITIES OR OTHER FACILITIES AND EQUIPMENT UNTIL YOU HAVE RECOVERED. YOU ARE ADVISED NOT TO “SWEAT OUT” A HANGOVER AS ALCOHOL INTOXICATION WILL DECREASE YOUR JUDGMENT. ALCOHOL ALSO INCREASES YOUR HEART RATE, WHICH MAY BE FURTHER INCREASED BY HEAT STRESS FROM OUR SAUNAS. THE USE OF ALCOHOL, DRUGS AND/OR MEDICATIONS PRIOR TO A SAUNA SESSION MAY LEAD TO UNCONSCIOUSNESS.

NOT A REPLACEMENT FOR TRADITIONAL TREATMENT. OUR SERVICES ARE NOT A MAGICAL CURE-ALL FOR ANY CONDITION. OUR SESSIONS SHOULD BE USED AS A SUPPLEMENT TO TRADITIONAL TREATMENTS, BUT NOT AS A REPLACEMENT. PEOPLE WITH LONG-TERM CLINICAL DEPRESSION OR A DIAGNOSIS OF BIPOLAR OR BORDERLINE PERSONALITY CONDITIONS OR ANY OTHER CONDITIONS SHOULD NOT USE OUR SERVICES AS A REPLACEMENT FOR WHAT THEIR DOCTOR HAS PRESCRIBED UNDER ANY CIRCUMSTANCES. WHILE OUR SERVICES ARE BENEFICIAL FOR MOST PEOPLE, THE PRACTICE TAKES SOME GETTING USED TO AND THE BODY MAY BE TAXED BY THE PROCESS OF GETTING USED TO IT.

PRE-EXISTING MEDICAL CONDITIONS. EACH TIME YOU USE OUR SERVICES, YOU MUST ENSURE THAT YOU ARE IN GOOD PHYSICAL CONDITION AND KNOW OF NO MEDICAL OR OTHER REASON WHY YOU SHOULD NOT USE OUR SERVICES AND YOU DO NOT HAVE ANY PHYSICAL, MEDICAL OR OTHER DISABILITY OR CONDITION WHICH MAY BE AFFECTED OR AGGRAVATED BY USING OUR SERVICES. YOU UNDERTAKE THAT YOU SHALL NOT PARTICIPATE IN ANY SERVICE OR THERAPY IF YOU HAVE ANY PRE-EXISTING MEDICAL CONDITIONS OR IMPLANTS THAT MAY AFFECT YOUR ABILITY TO DO PHYSICAL ACTIVITIES, INCLUDING BUT NOT LIMITED TO:

HEART CONDITIONS;

CHEST PAINS;

LOSS OF BALANCE DUE TO DIZZINESS;

BONE OR JOINT PROBLEMS;

HEMOPHILIA;

HEAT SENSITIVITY;

PRESCRIPTION DRUGS FOR BLOOD PRESSURE OR HEART CONDITIONS;

INFECTIOUS ILLNESS OR DISEASE;

METAL OR TITANIUM OR OTHER MEDICAL IMPLANTS SUCH AS PACEMAKERS; OR

ANY OTHER REASON WHY YOU SHOULD NOT DO PHYSICAL ACTIVITY.

IF YOU DO HAVE ANY OF THE ABOVE CONDITIONS OR IMPLANTS AND YOU WISH USE THE SERVICES, PLEASE INFORM TIBC AND PROVIDE US WITH A WRITTEN CERTIFICATION FROM A LICENSED MEDICAL PRACTITIONER THAT YOU ARE FIT TO PARTICIPATE IN THE SERVICES. IF YOUR HEALTH CONDITION CHANGES AT ANY POINT SUCH THAT ANY OF THE ABOVE CONDITIONS APPLY, PLEASE INFORM TIBC AND PROVIDE A WRITTEN CERTIFICATION FROM A LICENSED MEDICAL PRACTITIONER THAT YOU ARE STILL FIT TO PARTICIPATE IN THE SERVICES. 



PRIOR PHYSICAL EXAMINATION. WE STRONGLY RECOMMEND THAT YOU CONSULT WITH YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROVIDER BEFORE USING ANY OF TIBC’S SERVICES AND YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO HAVE A PHYSICAL EXAMINATION AND OBTAIN YOUR PHYSICIAN’S PERMISSION PRIOR TO PARTICIPATING IN SUCH ACTIVITIES. IT IS ALSO YOUR RESPONSIBILITY TO SECURE PERSONAL HEALTH INSURANCE IN ADVANCE, IF DESIRED. IF OUR STAFF DEEM THAT USE OF THE SERVICES MAY BE UNSAFE FOR YOU OR MAY PUT YOU AT UNNECESSARY RISK, TIBC RESERVES THE RIGHT TO REFUSE YOUR USE OF THE RECOVERY FACILITIES UNTIL YOU PROVIDE A WRITTEN CERTIFICATION FROM A LICENSED MEDICAL PRACTITIONER THAT YOU ARE FIT TO PARTICIPATE IN THE SERVICES.

ACKNOWLEDGEMENT AND ASSUMPTION OF RISK. YOU ACKNOWLEDGE FULL UNDERSTANDING OF THE POSSIBILITY OF OR INHERENT DANGERS, RISKS AND HAZARDS ASSOCIATED WITH YOUR PARTICIPATION IN THE SERVICES AND UNDERSTAND THAT WHEN PARTICIPATING IN ANY THERAPY, THERE IS THE POSSIBILITY OF PHYSICAL INJURY, ACCIDENTS, ILLNESS AND EVEN DEATH, LOSS TO OR DAMAGE OF YOURSELF OR YOUR PROPERTY AND OTHER RISKS THAT MAY OR MAY NOT BE KNOWN TO YOU AT THIS TIME. BY USING ANY OF TIBC’S SERVICES, YOU AGREE THAT YOU DO SO AT YOUR OWN RISK, ARE VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES, AND ASSUME ALL RESPONSIBILITY AND RISK OF INJURY, ILLNESS, DEATH, DAMAGE OR LOSS TO YOURSELF OR YOUR PROPERTY THAT YOU MAY SUFFER WHILE AND/OR RESULTING FROM YOUR USE OF THE SERVICES. IF YOU EXPERIENCE ANY DISCOMFORT OR PAIN DURING THE USE OF THE SERVICES, YOU MUST IMMEDIATELY CEASE THE ACTIVITY AND SEEK THE ASSISTANCE OF A PHYSICIAN OR OTHER LICENSED HEALTHCARE PROVIDER.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIBC IS NOT RESPONSIBLE FOR AND SHALL NOT BE LIABLE FOR ANY INJURIES, ILLNESSES, DEATH, HARM, LOSSES OR DAMAGES (WHETHER ARISING OUT OF ACTIVE OR PASSIVE ACTS OF NEGLIGENCE, ACTION OR INACTION, ON THE PART OF TIBC OR OUR PERSONNEL OR ANY THIRD PARTY) OF ANY KIND ARISING OUT OF OR IN CONNECTION (WHETHER DIRECTLY OR INDIRECTLY) WITH YOUR USE OF THE SERVICES. ACCORDINGLY, YOU HEREBY WAIVE, RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS TIBC AND ALL OF OUR AFFILIATES (AND OUR AGENTS, REPRESENTATIVES, PARENT COMPANY, RELATED COMPANIES AND ASSOCIATED COMPANIES, SUBSIDIARIES, AND LEGAL AND OTHER PROFESSIONAL ADVISORS) FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITY IN RESPECT OF ANY INJURIES, ILLNESSES, DEATH, HARM, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, TIBC’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT PAID TO US IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

FURTHER ACKNOWLEDGEMENTS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WHILE USING ANY OF THE SERVICES:

YOU SHALL EXERCISE DUE CARE SO AS TO AVOID INJURY TO YOURSELF AND OTHER PERSONS USING THE SERVICES;

YOU SHALL FOLLOW THE SAFETY ADVICE DIRECTIONS AND INSTRUCTIONS FROM OUR COACHES AND STAFF; AND

IF FOR ANY REASON, YOU REQUIRE FIRST AID OR MEDICAL ASSISTANCE, YOU AUTHORISE TIBC TO SEEK EMERGENCY MEDICAL ASSISTANCE ON YOUR BEHALF WITH THE UNDERSTANDING THAT YOU ARE RESPONSIBLE FOR ALL COSTS INCURRED.



DISCLAIMERS


General Disclaimers. You acknowledge and agree that our website and the Services are offered without warranties of any kind whatsoever by TIBC. The disclaimer of warranties includes, but is not limited to, the following:

while we use all reasonable efforts to include accurate and up-to-date information in our website, TIBC does not warrant and hereby disclaims to the fullest extent permitted by law, any warranty as to the accuracy, reliability, timeliness, of the Content including in particular the use of any representations and images. TIBC assumes no liability or responsibility for any errors, omissions or completeness of the information provided in the content of our website. Information provided is subject to change at any time without prior notice;

our website is provided on an “as is” basis without warranties of any kind and TIBC does not warrant that the functions provided on our website will be uninterrupted or error-free, or free from computer viruses or other harmful components, or unauthorised software, or that any defects will be corrected;

our website may contain links to other websites and pages which are not controlled, maintained or endorsed by TIBC. By clicking on or activating such links, you acknowledge that the TIBC is not responsible for the consequences of your activities on the third-party websites, tools, applications of other offerings or services and is not liable in any way whatsoever to you. TIBC does not represent or exercise control over such third party and such third party is neither an agent nor servant of TIBC. Any data or any information which you give to any other entity after leaving our website is entirely at your own risk. TIBC and our affiliates shall not be liable for any damages or loss arising from your access, use or other actions including by reason only of hyperlinking to such other websites. All hyperlinks to such other websites are provided as a convenience to you, and TIBC and our affiliates are not associated or affiliated, unless expressly stated to be so, in any manner with any trade or service marks, logos, insignia, other intellectual property rights or devices, which appear on such other websites;

no data transmissions over the Internet or via wireless networks can be guaranteed to be secure. Consequently, TIBC cannot and does not ensure or warrant the security, authenticity, integrity or confidentiality of any information and/or communication you transmit to us and you do so at your own risk;

our website and the Services are provided on an “as is” and “as available” basis and TIBC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the Services, our website and any third-party websites with which they are linked;

while you may bring electronic devices (such as watches, mobile phones, tablets and laptops) into the Recovery Facilities, you do so at your own risk and TIBC accepts no responsibility for any loss or damage to your electronic devices; and

TIBC shall be in no way responsible for the safekeeping of your personal property and you assume all risk of loss of any of your personal property.

3. INDEMNITY

You agree to indemnify and hold TIBC and each of our affiliates including, all directors, officers, employees and our agents, representatives, parent company, related companies and associated companies, harmless from any claim, loss, damages, demand or costs (including solicitors’ fees on a full indemnity basis) which TIBC and/or any of our affiliates may suffer or incur due to or arising out of in connection with:

your breach of any of the provisions of these Terms;

your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity; and

otherwise in connection with these Terms and your use of the Services and/or our website.

4. GENERAL PROVISIONS

Feedback. Any questions, comments, suggestions, feedback and/or information which is sent to us will be deemed to have been provided voluntarily on a non-confidential and non-proprietary basis. TIBC reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere on the internet or on any written form, such information, including but not limited to, disclosing such information to our affiliates in connection with the development, marketing, manufacturing of products and services.

Force Majeure. TIBC and our affiliates shall not be liable to you or any other party, or be deemed to be in default, for any loss, damage or expense arising from any delay or non-performance under these Terms resulting from acts beyond our control, including without limitation (i) fire, accident, epidemics, infectious diseases, any law, order, proclamation, regulation, demand or requirement of any government or administrative agency strikes, labour disputes (whether or not involving TIBC’s or our affiliates’ employees), shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the above or not) beyond the reasonable control of TIBC, (ii) acts of God (i.e. extraordinary or unforeseeable manifestation of the forces of nature beyond the powers of human intervention, such as tornadoes, hurricanes, typhoons and earthquakes), or (iii) war or armed conflict or acts of terrorism, which include disruption of civil authority, transportation or communication services.

Term. These Terms (as may be modified from time to time) shall remain in full force and effect for so long as they are posted on our website or until terminated by TIBC.

Modification of Terms. TIBC reserves the right to modify, add, vary or amend all or part of these Terms from time to time without prior notice to you. Your use of the TIBC Establishments and any of the Services after such changes are posted on our website shall be deemed an agreement by you to these Terms as modified. You also acknowledge and agree that it is your responsibility to monitor our website for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of these Terms, your sole and exclusive remedy is to cancel your Account and Membership and discontinue your use of the TIBC Establishments and the Services.

No Waiver. No failure, delay, relaxation or indulgence on the part of TIBC in exercising any power or right conferred upon it in these Terms shall operate as a waiver of such power or right, nor shall any single exercise of any such power or right preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms.

Severability. If any provision of these Terms is held or interpreted by any governmental authority or a court of competent jurisdiction, to be illegal or invalid under present or future laws or regulations effective and applicable during the term of these Terms, such provisions shall be fully separable and these Terms shall be construed as if such illegal or invalid provision had never comprised a part of these Terms and the remaining provisions of these Terms shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from these Terms.

Third Party Rights. Except for TIBC and our affiliates, no other person shall have any rights under the Contracts (Rights of Third Parties) Act 2001 to enforce or enjoy any benefit under these Terms. Notwithstanding anything in these Terms, the consent of any third party is not required for any variation (including any release or compromise of any liability under) of these Terms.

Entire Agreement. These Terms constitute the entire agreement between you and TIBC with respect to your use of the TIBC Establishments and the Services and supersedes all prior or contemporaneous agreements, negotiations, representations, warranties, understandings, correspondence and all other communications (whether written or oral, express or implied) or arrangements entered into between TIBC and/or our affiliates in respect of the matters dealt with in these Terms. No promise, inducement, representation or agreement other than as expressly set forth in these Terms has been made by TIBC and/or our affiliates.

Governing Law. These Terms shall be governed by and interpreted in accordance with the laws of Singapore.

Dispute Resolution. The courts of Singapore have non-exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms and your use of the TIBC Establishments and the Services (including a dispute regarding the existence, validity or termination of these Terms (a “Dispute”).