Last revised : 26/12/2017
JOOMPA Technologies Sdn Bhd, (“JOOMPA,” we,” “us,” or “our”) whos services could be found on the Apple iOS App Store OR Google Play for Android OR JOOMPA web application for users (collectively, the "Platform").
JOOMPA provides an online marketplace through the Platform that connects independent Personal Trainers, Yoga Instructors, Kickboxing Coaches, fitness experts and other sports coaches (collectively, “Trainers”) who offer sessions to Users who seek to schedule Personal training sessions with Trainers, a platform for Trainers to list information about themselves and the types of training they offer and for User to schedule and pay for Sessions, and other services offered by JOOMPA through the Platform (collectively, the “Marketplace Services,” together with the App, the Content, defined below, and all features and functionality available through the App, the “JOOMPA Platform”). These Terms of Service together with any Supplemental Terms, defined below (collectively, these “Terms”) govern your access to, and use and browsing of the JOOMPA Platform.
YOUR SCHEDULING AND PARTICIPATION IN ANY SESSION WITH A TRAINER IS SOLELY AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT TRAINERS ARE NOT EMPLOYEES, AGENTS, JOINT VENTURERS OR PARTNERS OF JOOMPA. THE JOOMPA PLATFORM SOLELY OFFERS A PLATFORM FOR TRAINERS AND USERS TO CONNECT WITH ONE ANOTHER AND FOR USERS TO ENGAGE TRAINERS DIRECTLY. JOOMPA DOES NOT HIRE TRAINERS FOR USERS. TRAINERS ACT EXCLUSIVELY ON THEIR OWN BEHALF AND NOT ON BEHALF OF JOOMPA. JOOMPA MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES, OR ENDORSEMENTS AS TO ANY TRAINER OR OTHER THIRD PARTY PRODUCTS OR SERVICES, THE COMPATIBILITY OF ANY USER WITH ANY TRAINER, OR THE QUALITY, TIMING, LEGALITY OR OTHER ASPECT OF THE SERVICES OR PRODUCTS OFFERED OR DELIVERED BY TRAINERS, OR OTHERWISE RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE JOOMPA PLATFORM. JOOMPA MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO AMOUNTS TRAINERS MAY EARN THROUGH THE JOOMPA PLATFORM, THE CONDUCT OF ANY USER OR PARTICIPANT OF THE SESSION, THE SAFETY OR SUITABILITY OF ANY SESSION LOCATION, OR USER OR TRAINER CANCELING ANY SESSION.
By accessing, using or browsing the JOOMPA Platform or any part thereof, you acknowledge that you have read, understood and agree to be bound by these Terms, which form an agreement that is as effective as if you had signed it. If at any time you do not agree to these Terms, please do not access, use or browse the JOOMPA Platform.
YOUR ACCESS TO, USE OF AND BROWSING OF THE JOOMPA PLATFORM IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS, USE OR BROWSE THE JOOMPA PLATFORM IS AUTOMATICALLY AND IMMEDIATELY REVOKED.
These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the "Last Revised" date at the top of this page. Each time you access, use or browse the JOOMPA Platform, you signify your acceptance of the then-current Terms.
JOOMPA may make changes to all content available on or through the JOOMPA Platform including, without limitation, text, brands, photographs, documents, graphics, audio, videos, logos, icons, images, media, data, charts, maps, software and other information and materials ideas, proposals, concepts, content, materials, works and deliverables (collectively, the “Content”), services or features of the JOOMPA Platform, and any other aspect of the JOOMPA Platform or any part or any of the foregoing, at any time. You understand and agree that JOOMPA may discontinue or restrict your use of all or any part of the JOOMPA Platform at any time for any reason or no reason and with or without notice.
Your access to or use of certain aspects of the JOOMPA Platform may be subject to additional terms, conditions, details and specifications, posted to the JOOMPA Platform, or may require you to agree with and accept additional terms and conditions ("Supplemental Terms"). By accessing or using those aspects of the JOOMPA Platform you are expressly agreeing to such Supplemental Terms. If there is a conflict between any part of these Terms and any Supplemental Terms, the Supplemental Terms will take precedence with respect to your access to or use of those aspects of the JOOMPA Platform.
In consideration of your use of the JOOMPA Platform, you represent that you are 18 years of age or older, or of an age to form a legal binding contract where you reside and you are that not prohibited from accessing or using the JOOMPA Platform or participating in any Exercise, Session or Training under the laws of Malaysia or any other applicable jurisdiction.
The JOOMPA Platform is directed to persons 18 years of age or older residing in MALAYSIA. JOOMPA does not knowingly collect information from any person under age 18. If you are under age 18, you are not permitted to use the JOOMPA Platform or to submit any personally identifiable information to the JOOMPA Platform. If you provide information to JOOMPA or any Trainer or User through the JOOMPA Platform, you represent that you are 18 years of age or older. Notwithstanding the foregoing, if you are under 18 years of age, you may participate in a Session if your parent or guardian schedules and pays for the Session through the JOOMPA Platform, agrees to these Terms on your behalf, and supervises or participates in the Session. If you schedule a Session for someone who is under 18 years old, you represent and warrant to JOOMPA that: (a) you are that individual’s parent or guardian, (b) that you agree to these Terms on that individual’s behalf, (c) that you have permission to provide personally identifiable information about that individual to JOOMPA and that JOOMPA may use such personally identifiable information, and (d) that you will supervise or participate in the Session.
Prior to using the Marketplace Services you must register an account with a username and password (“Account”) OR Login Using Facebook LoginTM. You agree to follow the on-screen instructions, and to complete the applicable forms and input information requested in connection with the registration process. You represent and warrant that the information you provide in connection with the registration process or as otherwise requested for the Account or in connection with use of the Marketplace Services will at all times be accurate, truthful, current and complete.
You agree to prevent anyone other than yourself from accessing or using the Account, and you agree to take all reasonable and appropriate security measures to prevent any unauthorized access or use of the Account or other breach of security relating to the JOOMPA Platform or data accessible through the Account. You agree to keep the Account username and password confidential and not to provide Account information to anyone else. You are fully responsible for all uses of the Account. Without limiting the foregoing, you are fully responsible for all statements made and acts or omissions that occur while your Account password is being used, whether by you or third parties. JOOMPA is authorized to act on instructions or information received through use of any Account and is not liable for any loss or damage arising from your failure to comply with this Section. You are solely responsible to keep backups of any content that you do not want deleted, modified or removed from your Account.
When logged into your Account you may schedule Sessions with Trainers. When scheduling a Session you will be asked to specify the following “Type of Activity”: (a) type of Sport (e.g., Personal Training, Yoga, Kickboxing, etc.) you would like to do, (b) the date and time for your Session (“Session Time”) and the length of the sessions (“Session Length”), (c) whether more than one (1) person will join the Session (in addition to the Trainer) (“Session Participants; (d) a Trainer for your Session, (e) No of Sessions You would like to with this trainer, with a Maximum of 10 Sessions to be purchased at any one time (“The Package”) and (f) the location where your Session will take place (“Session Location”). For your Session Location you may select:
own location for the Session (“At my house/condo”), or
a gym that partners with JOOMPA and is listed on the JOOMPA Platform (“Partner Gym”).
If you select “At my house/condo” as Session Location, you represent and warrant that this Location is a safe and suitable location for the Type of Activity and you or the other Participants are authorized to host the Session in such location.
If you select a Partner Gym you can obtain access to the Partner Gym by providing your name to the Partner Gym, and you may be required to sign a release provided by the Partner Gym. You may only use the Partner Gym for the purposes of your Session and may not otherwise use any of the Partner Gym’s facilities or equipment. The Partner Gym may impose a fee on you and your Trainer, for using their facility, that is paid by the user prior to the session. JOOMPA itself is not a gym, fitness studio or service provider and does not own, operate or control any of the classes, services or facilities accessible through the Site.
User agrees, and shall cause each Session Participant in a Session scheduled by User to agree, to be bound by all obligations and all terms and conditions that apply to User under these Terms, provided that only User will have the obligation to make payments for the Session and only User will have the right to schedule and cancel Sessions on the behalf of other Session Participants. User acknowledges and agrees that only individuals who agree to the foregoing may participate in Sessions. User shall be fully responsible and liable for each Session Participant's breach of these Terms. User agrees that upon request, User shall disclose to JOOMPA the name and contact information for each Session Participant. User shall immediately notify JOOMPA if User becomes aware of any breach of these Terms by User or any Session Participant.
No. of Sessions The payment depends on three key attributes, Session Length, No of Session Participants and No of Sessions purchased. Each Trainer decides their own pricing based on these criterions. This Pricing will be made visible to the user at the point of Trainer Selection and payments page. The Payment can be made using Credit and Debit Cards Only.
Entry Fee for Partnered Gyms. If You choose to do your session at a Partnered Gym, an entrance fee may be imposed by this partnered Gym on the Entry of you and your trainer to conduct your session at their facility, This fee is payable via the Platform when booking each session.
You may cancel any scheduled Session through the App on the “Your Coaches” Page or by contacting the concierge. The Trainer will decide if he wants to charge for Cancellation of a session. There are three cancellation options that Trainer can choose to price ; i) Cancellation Less Than 2 hours before session, (ii) Cancellation Less Than 12 hours before session, (iii) Cancellation Less Than 24 hours before session. The Trainer May or may not choose to price cancellations made within these times
If a Trainer cancels a scheduled Session, you may be notified via telephone or email through the telephone number or the email address associated with the Account, and will be entitled to schedule a new Session in place of the cancelled Session at no extra cost.
In addition to these Terms (excluding the prior section for Users), Trainers must agree to the Terms and Conditions for Trainers prior to offering or accepting any Sessions through the JOOMPA Platform. The Terms and Conditions for Trainers will be presented to Trainers for acceptance after a Trainer applies to be a Trainer.
The JOOMPA Platform and all Content are made available for your personal, non-commercial use, provided that Trainers may use the JOOMPA Platform to promote and receive payment for services that they perform at Sessions, so long as the Trainer is in full compliance with these Terms. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content. Any use of the JOOMPA Platform, including, without limitation, the App, Content or any part of any of the foregoing, in any way not expressly permitted by these Terms is prohibited, and may be actionable under the law.
The JOOMPA Platform is controlled within Malaysia and are directed to individuals residing in the Malaysia. Those who choose to access the JOOMPA Platform from locations outside of Malaysia do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. JOOMPA does not represent that the JOOMPA Platform is appropriate outside Malaysia. JOOMPA reserves the right to limit the availability of the JOOMPA Platform for any person, geographic area or jurisdiction at any time in its sole discretion.
You are responsible for your use of the JOOMPA Platform. You agree that the following actions, without limitation, are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and JOOMPA reserves the right to determine what types of conduct it considers to be inappropriate use of the JOOMPA Platform or any part thereof. In the case of inappropriate use, JOOMPA may take such measures as it determines in its sole discretion. By way of example, and not as limitation, you agree that you will not:
use the Marketplace Services for any purpose other than obtaining or offering personal training and fitness services via Sessions; no other services may be obtained or offered in connection with the Marketplace Services;
schedule a Session outside of the JOOMPA Platform with any Trainer or User that you were introduced to through the JOOMPA Platform;
pay any Trainer or accept payment from Users outside of the JOOMPA Platform;
display any disrespectful or inappropriate behaviour at any time during any Session;
contact a User if you are a Trainer or contact a Trainer if you are a User for any reason other than for reasons that pertain to a Session that was scheduled, provided that a User may only contact a Trainer, and a Trainer may only contact a User, through text or telephone during the following times: (a) between the hours of 8:00 a.m. and 8:00 p.m. local time, (b) if your Session is scheduled for a time before 8:00 a.m. local time, on the day of your Session you may also be contacted before 8:00 a.m. local time, but no earlier than one hour before your scheduled Session; and (c) if your Session is scheduled for a time after 8:00 p.m. local time, on the day of your Session you may also be contacted after 8:00 p.m. local time, but no later than one hour following your scheduled Session.
transfer or sell any Session; Sessions may not be transferred to other individuals and may not be sold;
violate any law or regulation or use the JOOMPA Platform for any improper purpose or to take any action in violation of any law or regulation;
violate or infringe any other users of the JOOMPA Platform or third party’s intellectual property, privacy, publicity, or other legal or contractual rights;
use the JOOMPA Platform to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs or personal contact information of others, without their permission, other than with respect to reviews that you may leave for Trainers or Users through the JOOMPA Platform;
transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
send unsolicited or unauthorized advertising or commercial communications, such as spam;
transmit any malicious code, computer viruses, cancel bots, Trojan horses, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
stalk, harass, defame, threaten, or harm another individual;
impersonate or misrepresent your identity or your affiliation with any person or entity;
create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of JOOMPA;
use any automated devices, bots, agents, crawl, scraping, scripts, intelligent search or any similar means of access to Content or other information or materials available through the JOOMPA Platform;
systematically retrieve data or other Content from the JOOMPA Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual or automated methods (although operators of public search engines may use spiders to index materials from the JOOMPA Platform for the sole purpose of creating publicly available searchable indices of the materials, and JOOMPA reserves the right to revoke these exceptions either generally or in specific cases);
use automated methods to use the JOOMPA Platform in a manner that sends more requests to the JOOMPA servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
interfere with or damage, or attempt to interfere with or damage, the JOOMPA Platform or any functionality thereof, in any way, including, without limitation, by using any device, software or routine or the like, or attempt to access any area of the JOOMPA Platform to which your access is not authorized;
register for more than one Account, register for an Account on behalf of an individual other than yourself, or transfer the Account to another party without our consent;
use the JOOMPA Platform to recruit or otherwise solicit any users to join third party services or websites that are competitive to JOOMPA, without JOOMPA’s prior written approval;
use, display, mirror, or frame the JOOMPA Platform or any individual element within the JOOMPA Platform, JOOMPA’s name, any JOOMPA trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without JOOMPA’s express written consent;
copy, adapt, modify, prepare derivative works based upon, distribute, aggregate, license, sublicense, sell, resell, transfer, assign, publicly display, publicly perform, transmit, broadcast or otherwise exploit the JOOMPA Platform or its Content, except as expressly permitted in these Terms;
access, tamper with, or use non-public areas of the JOOMPA Platform, JOOMPA’s computer systems, or the technical delivery systems of JOOMPA’s providers;
falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source;
attempt to probe, scan, or test the vulnerability of any JOOMPA system or network or breach any security or authentication measures;
access the JOOMPA Platform for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes, including, but not limited to, building a competitive product or service;
take any action that imposes an unreasonable or disproportionately large burden on the JOOMPA Platform’s infrastructure or that otherwise may adversely affect performance of the JOOMPA Platform or restrict any other users or JOOMPA from using or enjoying the JOOMPA Platform;
harvest or otherwise collect information about others, including, without limitation, email addresses or other contact information, without their consent, or hack or violate any security measures of the JOOMPA Platform;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by JOOMPA or any of JOOMPA’s providers or any other third party (including another users) to protect the JOOMPA Platform;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the JOOMPA Platform, except as permitted by applicable law;
engage in any other action that, in the judgment of JOOMPA, exposes it or any third party to potential liability or detriment of any type; or
cause, advocate, encourage, or assist any third party in doing any of the foregoing.
You acknowledge that JOOMPA has no obligation to monitor your access to or use of the JOOMPA Platform, but has the right to do so for any purpose, in its sole discretion. JOOMPA may at its discretion investigate and prosecute violations of these Terms to the fullest extent of the law. JOOMPA may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
The JOOMPA Platform may include features that enable you to send information, materials, emails and other types of messages or notices to JOOMPA or to others users of the JOOMPA Platform, create a profile in connection with your Account accessible to other users of the JOOMPA Platform or the public, submit reviews, opinions, biographical information and other content that others may be able to access or view, or to make other information, materials or submissions available on or through the JOOMPA Platform (“User Content”). User Content shall be deemed part of the defined term “Content” for purposes of these Terms. You retain the rights you hold in your User Content. All User Content made available on the JOOMPA Platform is strictly that of the originating author or user, who shall be solely responsible for such content. JOOMPA may or may not screen, review, monitor or respond to any User Content submitted by users, and is not responsible for the accuracy or truthfulness of any User Content. However, JOOMPA reserves the right to edit, block, or remove any User Content at any time for any reason, in its sole discretion. Use of or reliance on User Content is entirely at your own risk.
JOOMPA HAS NO OBLIGATION TO SCREEN OR MONITOR ANY USER CONTENT AND DOES NOT GUARANTEE THAT ANY CONTENT COMPLIES WITH THESE TERMS OR IS SUITABLE FOR ALL USERS OF THE JOOMPA PLATFORM.
By submitting User Content, you grant JOOMPA a royalty-free, perpetual, irrevocable, worldwide license, without further compensation, to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such User Content for any purposes, including, without limitation to advertise and promote JOOMPA or the JOOMPA Platform. You warrant and covenant that your User Content is true, your own original work, and does not violate any applicable law, infringe or violate any other person's or entity's rights, or require any third party releases or any payment to a third party.
The JOOMPA Platform may contain advertisements, posts and links to websites operated by other parties. The JOOMPA Platform provides these as a convenience, and your interaction with or use of these advertisements, posts, links and other websites is at your own risk. The advertisements, posts and linked websites are not under the control of JOOMPA which is not responsible for their content or privacy practices. Such advertisements, posts or links or references to other parties’ products or services do not imply JOOMPA’s endorsement of any other party or its information, material, products or services or website. JOOMPA disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that JOOMPA is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other website or resource.
JOOMPA reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the JOOMPA Platform or any portion thereof for any reason, including, without limitation, any breach by you of these Terms. You agree that JOOMPA shall not be liable to you or any third party for any such suspension, discontinuance or termination. If you breach or violate any of these Terms, your permission to access or use the JOOMPA Platform is automatically and immediately revoked and you may not continue using the JOOMPA Platform or participate in any Session.
JOOMPA PROVIDES THE JOOMPA PLATFORM UNDER NO WARRANTY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND “WITH ALL FAULTS.” JOOMPA AND ITS LICENSORS, AND THEIR RESPECTIVE OFFICERS, MEMBERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES AND SUCCESSORS AND ASSIGNS (“JOOMPA PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES, WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, WITH RESPECT TO THE JOOMPA PLATFORM, ANY SESSION, OR ANY PART OF ANY OF THE FOREGOING, AND EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERACHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, UNINTERRUPTED USE, ACCURACY, COMPLETENESS, OPERABILITY AND/OR NON-INFRINGEMENT.
NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY JOOMPA OR ITS LICENSORS OF THE SAFETY, SUITABILITY, FUNCTIONALITY OR USEFULNESS OF THE JOOMPA PLATFORM, ANY SESSION, ANY PART OF ANY OF THE FOREGOING, OR THAT ANY DATA IMPLEMENTED OR ACCESSED THROUGH THE JOOMPA PLATFORM WILL BE COMPLETE, ACCURATE OR FREE FROM ERRORS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT NONE OF THE JOOMPA PARTIES IS RESPONSIBLE FOR OR INDEPENDENTLY VERIFIES ANY USER CONTENT, USER STATEMENTS OR COMMUNICATIONS MADE THROUGH THE JOOMPA PLATFORM OR OUTSIDE OF THE JOOMPA PLATFORM, OR THIRD PARTY MATERIALS ACCESSED OR RECEIVED THROUGH THE JOOMPA PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JOOMPA, THROUGH THE JOOMPA PLATFORM OR THROUGH ANY USER, TRAINER, OTHER USER OF THE JOOMPA PLATFORM OR ANY OTHER INDIVIDUAL OR ENTITY THAT YOU MAY COMMUNICATE, INTERACT OR DEAL WITH AS A RESULT OF YOUR USE OF THE JOOMPA PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
YOUR USE OF THE JOOMPA PLATFORM AND ANY MATERIAL OR INFORMATION ACCESSED, RECEIVED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JOOMPA PLATFORM IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSSES, DEFINED BELOW, ARISING FROM SAME.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS, INTERACTIONS AND DEALINGS WITH OTHER USERS OF THE JOOMPA PLATFORM AND WITH OTHER INDIVIDUALS OR ENTITIES THAT YOU COMMUNICATE, INTERACT OR DEAL WITH THROUGH THE JOOMPA PLATFORM OR AS A RESULT OF YOUR USE OF THE JOOMPA PLATFORM, INCLUDING, BUT NOT LIMITED TO, USERS, TRAINERS, PARTNER GYMS, AND OTHER THIRD PARTIES. JOOMPA IS NOT OBLIGATED TO CONDUCT REVIEWS, VERIFICATIONS, BACKGROUND CHECKS OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) OF TRAINERS OR USERS. ACCORDINGLY, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS AND TO CONDUCT WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH SUCH COMMUNICATIONS, INTERACTIONS OR DEALINGS. JOOMPA IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OF ANY KIND OR NATURE INCURRED AS THE RESULT OF SUCH COMMUNICATIONS, INTERACTIONS OR DEALINGS.
JOOMPA MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE CONDUCT, ACTIONS, INTEGRITY, OR RESPONSIBILITY OF OTHER USERS OF THE JOOMPA PLATFORM OR ANY OTHER INDIVIDUAL OR ENTITY THAT YOU MAY COMMUNICATE, INTERACT OR DEAL WITH AS A RESULT OF YOUR USE OF THE JOOMPA PLATFORM, INCLUDING, BUT NOT LIMITED TO, USERS, TRAINERS, PARTNER GYMS, AND OTHER THIRD PARTIES, AND JOOMPA DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. JOOMPA HAS NO CONTROL OVER, AND NO RIGHT TO CONTROL, USERS OF THE JOOMPA PLATFORM, OR ANY OTHER INDIVIDUAL OR ENTITY THAT YOU MAY COMMUNICATE, INTERACT OR DEAL WITH AS A RESULT OF YOUR USE OF THE JOOMPA PLATFORM, INCLUDING, BUT NOT LIMITED TO, USERS, TRAINERS, PARTNER GYMS, AND OTHER THIRD PARTIES, OR THEIR ACTIVITY OR CONDUCT ON OR OUTSIDE OF THE JOOMPA PLATFORM. WITHOUT LIMITING ANY OF THE FOREGOING, JOOMPA DISCLAIMS ANY RESPONSIBILITY OR LIABILITY ASSOCIATED WITH THE JOOMPA PLATFORM OR ANY ACTIVITY OCCURING OUTSIDE OF THE JOOMPA PLATFORM, INCLUDING, WITHOUT LIMITATION, CONDUCT OCCURING DURING SESSIONS OR ANY OTHER ASPECT OF ANY SESSIONS. JOOMPA EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER, TRAINER, OTHER USER OF THE JOOMPA PLATFORM OR THIRD PARTY.
EXCEPT FOR INSTANCES OF GROSS NEGLIGENCE, INTENTIONAL WRONGDOING, WILLFUL, MALICIOUS OR WANTON MISCONDUCT OR WHERE OTHERWISE REQUIRED BY LAW, UNDER NO CIRCUMSTANCE SHALL ANY OF THE JOOMPA PARTIES HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR OR ON ACCOUNT OF (A) ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, JUDGMENTS, INTEREST, FINES, PENALTIES, COSTS AND EXPENSES OF ANY KIND OR NATURE INCLUDING REASONABLE ATTORNEY FEES AND COSTS (COLLECTIVELY, “LOSSES”) SUSTAINED, ASSESSED OR IMPOSED ON YOU OR ANY OTHER PERSON, OR (B) ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST BUSINESS, OR ANY INTERRUPTION OF BUSINESS) WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTORY LIABILITY OR OTHERWISE, WHICH ARISE OUT OF OR RELATE TO OR ARE IN CONNECTION WITH THE JOOMPA PLATFORM, ANY SESSION, OR ANY PART OF THE ANY OF THE FOREGOING, INCLUDING WITHOUT LIMITATION LOSSES CAUSED BY DISRUPTION OF THE JOOMPA PLATFORM, DELETION OF YOUR DATA, UNAUTHORIZED ACCESS TO THE JOOMPA PLATFORM OR YOUR PERSONAL OR FINANCIAL INFORMATION, COMPUTER MALFUNCTION, MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE JOOMPA PLATFORM, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE JOOMPA PLATFORM OR PARTICPATION IN ANY SESSION, OR ANY OTHER LOSSES INCURRED BY YOU OR ANY OTHER PERSON, WHETHER OR NOT JOOMPA KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES.
IF, FOR ANY REASON, ANY OF THE FOREGOING LIMITATIONS IS FOUND TO BE INVALID OR UNENFORCEABLE AS FINALLY DETERMINED BY A COURT OF LAW, THE SOLE AND TOTAL LIABILITY OF ANY OF THE JOOMPA PARTIES SHALL BE LIMITED, IN THE AGGREGATE, TO THE LESSER OF: (1) THE AMOUNT OF COMMISSION THAT JOOMPA RECEIVED FOR YOUR USE OF THE JOOMPA PLATFORM DURING THE TWELVE MONTH PERIOD PRIOR TO THE CAUSE OF ACTION GIVING RISE TO THE CLAIM;
BY USING THE JOOMPA PLATFORM, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS OF THE JOOMPA PLATFORM OR WITH OTHER INDIVIDUALS OR ENTITIES THAT YOU COMMUNICATE, INTERACT OR DEAL WITH AS A RESULT OF YOUR USE OF THE JOOMPA PLATFORM, INCLUDING, BUT NOT LIMITED TO, USERS, TRAINERS, PARTNER GYMS, AND OTHER THIRD PARTIES, WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR INDIVIDUAL OR ENTITY THAT CAUSED YOU HARM AND YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON, OR SEEK ANY LEGAL REMEDY FROM JOOMPA WITH RESPECT TO SUCH ACTIONS OR OMISSIONS.
You agree to indemnify, hold harmless and defend the JOOMPA Parties from and against any and all Losses arising out of, relating to, resulting from or in connection with: (a) your breach or violation of any term, condition, obligation, representation, warranty or covenant set forth in these Terms, violation of any applicable law or violation of the rights of JOOMPA or any third party damaged by your actions or by the actions of anyone else accessing the Account; (b) any information (including your User Content or any other content) that you submit, post, or transmit on or through the JOOMPA Platform; or (c) any activity that occurs in connection with use of the Account, your activity and conduct in connection with any Session, or your dispute with any other user of the JOOMPA Platform or with other individuals or entities that you communicate, interact or deal with as a result of your use of the JOOMPA Platform, including, but not limited to, Users, Trainers, Partner Gyms, and other third parties (each of the foregoing for the purposes of this Section 10, a “Claim”).
JOOMPA shall have the unilateral right to undertake the control and defence and settlement or other disposition of any Claim hereunder with counsel of its choice with all attorney fees and costs paid or reimbursed by you on demand, provided however that (i) you at your own expense may participate with JOOMPA in the defence of any Claim, and (ii) you shall not stipulate or consent to judgment or settle any Claim without JOOMPA’s prior written consent. You shall provide JOOMPA with reasonable cooperation in connection with any such defence.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT OUTLINES CERTAIN RIGHTS THAT YOU ARE WAIVING OR LIMITING BY USING THE JOOMPA PLATFORM. REMEMBER THAT USE OF THE JOOMPA PLATFORM CONSTITUTES ACCEPTANCE OF THESE TERMS, INCLUDING THE PROVISIONS RELATING TO GOVERNING LAW AND DISPUTE RESOLUTION. THIS SECTION WAIVES THE FOLLOWING RIGHTS THAT YOU MIGHT OTHERWISE HAVE:
THE RIGHT TO HAVE THE LAW OF ANY JURISDICTION, OTHER THAN THAT OF MALAYSIAN COURT OF LAW, APPLY TO A DISPUTE BETWEEN YOU AND JOOMPA ARISING OUT OF OR RELATING TO THESE TERMS OR THE JOOMPA PLATFORM.
THE RIGHT TO HAVE A JURY DECIDE ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE JOOMPA PLATFORM.
THE RIGHT TO HAVE A COURT DECIDE ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE JOOMPA PLATFORM, UNLESS YOUR CLAIM QUALIFIES FOR CLAIMS COURT.
THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, INCLUDING AS A CLASS REPRESENTATIVE OR CLASS MEMBER.
THE RIGHT TO JOIN OR CONSOLIDATE CLAIM(S) INVOLVING YOU WITH CLAIMS INVOLVING ANY OTHER PERSON.
THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION.
Agreement to Arbitrate. You agree that in the event of any dispute, claim, question, or disagreement arising out of or relating to the JOOMPA Platform, this Agreement, or the breach thereof, shall be settled by arbitration administered by the Kuala Lumpur Regional Centre for Arbitration (KLRCA) in accordance with the Arbitration (Amendment) Act in 2011 except as modified herein (“Arbitration Agreement”).
Opting out of Your Agreement to Arbitrate. You may opt out of your Arbitration Agreement by providing JOOMPA with notice of your desire to opt-out, by emailing JOOMPA at email@example.com within thirty (30) days of agreeing to these Terms. Such notice must contain the subject line “Arbitration Opt-Out” and the email must include your full name and a clear statement that you are exercising your option to opt out of the requirements to arbitrate that are specified in these Terms. If you exercise your option to opt-out of the Arbitration Agreement pursuant to this section: (a) the provisions of this Section 11.A will not apply to you, but all other provisions of these Terms will apply to you, including, without limitation, the provisions of Section 11.B below; and (b) you agree that the sole and exclusive jurisdiction and venue for your claims arising out of or relating to the JOOMPA Platform, this Agreement, or the breach thereof will be the in the Court of Law in Malaysia.
Arbitration Procedure. The arbitration shall take place before a single arbitrator. The place of arbitration shall be in Malaysia, unless another place is agreed upon by all parties. If your claim is for RM10,000 or less, the arbitration will be conducted based solely on written documents submitted to the arbitrator, unless you request a hearing or the arbitrator requires one. Either party may attend any hearing via telephone, unless the arbitrator requires the parties to be physically present. Except as may be required by law, no party nor the arbitrator may disclose the existence or results of, the content of any hearings for, or the content of any documents or pleadings submitted or produced in connection with any arbitration proceeding hereunder without the prior written consent of all parties.
Arbitration Rewards. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Arbitration Costs. Each party shall bear the filing, administration and arbitrator fees as required by the KCRA Rules, provided that if your position is substantially upheld by the arbitrator, JOOMPA will reimburse you for your filing, administration and arbitrator fees.
Arbitration Alternative. Regardless of whether you opt-out of your obligation to arbitrate, if your claims qualify for small claims court, you may assert your claims in small claims court, as long as the claims stay in small claims court and progress solely on an individual basis.
Governing Law. This Agreement and all matters arising out of, relating to or in connection with this Agreement or the relationship of the parties hereunder shall be governed by and construed in accordance with the laws of Malaysia, without giving effect to any choice of law or conflict of law rules or provisions, provided that all matters relating to arbitration, shall governed by the Arbitration (Amendment) Act in 2011.
Waiver of Certain Types of Actions: You agree that to the fullest extent permitted by law: (i) no claims by you shall be joined with the claims of any other person and you agree not to participate in any claim brought by other persons, whether in arbitration or litigation; (ii) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (iii) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other person; and (iv) you have no right or authority for any dispute to be brought, heard or arbitrated as a private attorney general action. To the extent that the foregoing sentence or any portion thereof is found to be unenforceable and severed from these Terms, and if such a finding allows for your claims to brought on non-individual, class action, collective action, representative or private attorney general basis, you and JOOMPA agree that such actions will not be decided in arbitration and must be litigated in a civil court of competent jurisdiction.
Waiver of Jury Trial: YOU AND JOOMPA HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY WITH REGARD ANY DISPUTE, CLAIM, QUESTION, OR DISAGREEMENT ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THIS AGREEMENT OR THE RELATIONSHIP OF THE PARTIES HEREUNDER.