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Terms and Conditions
Terms and Conditions
Section 1: INTRODUCTION
These Terms and Conditions for the Sale of Credits (the "Terms") govern the purchase or allocation to you, and use by you, of virtual credits ("Credits") and or K-dollars (“K-dollars”) which are made available for purchase by Dan-Z Fitness Pte Ltd on or via www.Kpopxfitness.com & kpopxfitness.com/kmember and certain related sub or affiliate sites (the "Site") and/or certain third party websites.
By clicking "I CONFIRM" in connection with a purchase of Credits:-
you agree to be bound by these Terms;
you represent that you are an adult 18 years of age or older or, if under 18 years of age, that you have the consent of a parent or guardian and will provide their details if requested by Dan-Z Fitness Pte Ltd;
you agree to pay for the Credits or K-dollars at the indicated price, and you confirm that you are permitted to use the payment source that you have provided; and
you authorise Dan-Z Fitness Pte Ltd, or its designated payment processor, to charge the full amount to the payment source you have designated for the transaction.
These Terms form part of, and incorporate, the general Terms and Conditions of Dan-Z Fitness Pte Ltd. However, in the event of any inconsistency between these Terms and the general Terms and Conditions of Dan-Z Fitness Pte Ltd, these Terms shall prevail.
PURCHASE AND USE OF CREDITS
Dan-Z Fitness Pte Ltd will from time to time offer to sell packages of Credits or K-dollars on or via the KpopX.com website. Dan-Z Fitness Pte Ltd is entitled to change the purchase price for Credits or K-dollars at any time. At the time of purchase of Credits, you may be offered additional Credits or K-dollars free-of-charge. You may also, from time to time, be invited to participate in online marketing, surveys or campaigns on or via the Site in connection with which you may be offered additional Credits or K-dollars without additional charge. However, for the purposes of these Terms no distinction is made between paid-for and free-of-charge Credits or K-dollars.
Credits and or K-dollars are limited to only Kpopxfitness.com Kmemberships digital goods and do not constitute personal property and are not legal tender or currency of any kind. All Credits and or K-dollars purchased by you are non-refundable. No interest is paid or earned on any Credits or K-dollars balance. Credits or K-dollars are not redeemable for any sum of money or monetary value from Dan-Z Fitness Pte Ltd unless otherwise expressly agreed in writing by Dan-Z Fitness Pte Ltd.
Unexpired Credits or K-dollars may be redeemed by you in order to acquire learning materials e.g KpopX Choreographies made available to you on or via the Site ("Kpopxfitness.com >kmember"). When you use Credits or K-dollars to acquire learning materials or KpopX Choreographies etc in kpopxfitness designated K-member website, the relevant amount of Credits/K-dollars will automatically be deducted from your account. The acquired learning materials via credits or K-dollars exchange will cease, no longer under your possession along with the closure of your K-member account. All learning materials ownership belongs to Dan-z Fitness Pte Ltd. If demanded, you are obliged to return the learning materials & choreographies materials to Dan-Z Fitness Pte Ltd upon termination of K-membership or account.
K-dollars or Credits and whatever acquired learning materials and resources will not in any circumstances be refunded to you in respect of any unused uses or unused time for use-limited or time-limited K-membership contents. Dan-Z Fitness Pte Ltd may, without notifying you, vary the scope, variety and type of K-membership contents. Dan-Z Fitness Pte Ltd has no obligation to make, or continue to make, any specific K-membership contents that may or may not have been acquired by you available in or in connection with any KpopX content. KpopX may in its sole discretion restrict or vary the type of K-membership contents & kpopX materials available to you based on your country of residence.
All Credits or K-dollars, learning KpopX materials and resources will, upon purchase or allocation, be allocated to the associated all types of KpopX K-member account through which the purchase or allocation is made. Credits, K-dollars & learning materials and resources allocated to an account shall not in any circumstances be transferred between accounts, or between you and any other person. It is strictly prohibited to transfer or attempt to transfer Credits between two or more accounts in any way. You shall not transfer Credits or K-dollars between accounts by any means that attempts to bypass normal transaction. It is strictly prohibited to use multiple accounts to hold and use Credits or K-dollars in any manner that is contrary to the general purpose of a KpopX K-membership. It is strictly prohibited to sell an account or any K-Dollars,Credits or KpopX Materials and choreographers to any person.
Dan-Z Fitness Pte Ltd may from time to time limit the use of Credits and or K-dollars, including applying limits to the number of Credits and K-dollars allocated to your account at any time, and/or the number of Credits or K-dollars redeemable within a given time period. Dan-Z Fitness Pte Ltd reserves the right to amend and alter or even removable of certain learning materials, choreographies or content at all times and consequences without needing to replace the existing material.
AUTOMATIC EXPIRY OF CREDITS
The balance of unused Credits or K-dollars, along with all the unlock and free learning materials and KpopX Choreographies on your account will automatically expire, and be deleted from your account immediately, if there is a cease of subscription or payment to Dan-Z Fitnes Pte Ltd. It is the K-member’s responsibility to ensure the monthly subscription is dutifully paid to Dan-Z Fitness Pte Ltd so to maintain their account status.
SUSPENSION OR TERMINATION OF YOUR ACCOUNT
Dan-Z Fitness Pte Ltd reserves the right to suspend or terminate your account if Dan-Z Fitness and its designated payment processor is unable to verify or authenticate any information (including payment information) you provide in connection with the purchase or use of the relevant Credits, or is notified of or reasonably suspects fraudulent, abusive or other unlawful activity whatsoever in relation to your account or Credits balance, or if you are otherwise in breach of these Terms or any other applicable Terms and Conditions of Dan-Z Fitness Pte Ltd.
If your account has been suspended or terminated, you will (temporarily or permanently, as applicable) lose some or all of the balance of Credits or K-dollars on your account. In such an event you agree that you are not entitled to any reimbursement or refund of any payment for Credits, or any other compensation, except at the sole discretion of Dan-Z Fitness Pte Ltd. An example will be K-member’s account was terminated because of a lack of subscription payment received and then all credits/k-dollars & learning materials are forfeited. The same member then pay for subscription to open or renew his account, however he or she is not entitled to retrieval of any credits/k-dollars lost due to the closure of his/her account before. Once K-member account is closed, there will be no retrieval of previous loss of contents & credits in his account, except at the sole discretion of Dan-Z Fitness Pte Ltd.
Please notify Dan-Z Fitness Pte Ltd immediately if you dispute a transaction for Credits or believe that any transaction occurring on your account is unauthorized.
You accept that your purchase or attempted purchase of Credits or K-dollars and use of credits within KpopX Fitness website is entirely at your own risk. Your only remedy for a technical failure or interruption of service in connection with a purchase of Credits or K-dollars is to request that your transaction be completed at a later time. To the fullest extent permissible by applicable law, Credits or K-dollars are provided on an "as is" and "as available" and without warranties of any kind either expressed or implied.
You are responsible for and agree to reimburse Dan-Z Fitness Pte Ltd for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by it (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted, or which otherwise relate to any misuse of Credits or K-dollars and along with the resources and materials by you.
Notwithstanding the foregoing, nothing in these terms shall exclude or restrict the liability of Dan-Z Fitness Pte Ltd for death or personal injury caused by its negligence or for any other liability which cannot be excluded or restricted under applicable law.
PROVISION OF INFORMATION
The following information is provided to you;
The name and address of the provider of this website is DAN-Z FITNESS PTE LTD BLK 415 PANDAN GARDENS #03-120 SINGAPORE 600415. Company registration number ROC: 201315576C Your contract for the purchase and use of Credits is with Dan-Z Fitness Pte Ltd. KpopX Fitness product only.
The language of the contract is English.
The main characteristics relating to the Credits are described in these Terms and on the Site. The technical means for concluding the contract to buy the Credits or K-dollars are explained at the top of these Terms. If you have made a mistake in inputting information and BEFORE YOU AGREE TO COMPLETE THE TRANSACTION, please delete the relevant field or click on the back arrow (as relevant) in order to change or re-input that information.
The price of Credits are as stated at the time of purchase on the Kpopxfitness.com and or Kpopxfitness/kmember website. The price includes value added tax (where applicable).
The email address for assistance and complaints is firstname.lastname@example.org
If you wish to obtain a copy of the contract between Dan-Z Fitness Pte Ltd and you, please print off a copy of this page. It may be updated by Dan-Z Fitness Pte Ltd from time to time, so you should print it now.
The provision of Credits is a service provided by Dan-Z Fitness Pte Ltd and by agreeing to these terms and placing an order for Credits, you confirm that you would like this service to be provided by Dan-Z Fitness Pte Ltd .
The copyright and all other intellectual property rights in the Credits and all text, artwork, graphics or images associated with the Credits are and shall at all times remain the exclusive property of Dan-Z Fitness Pte Ltd or its licensors (as applicable).
A failure or delay by Dan-Z Fitness Pte Ltd in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms. None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party. If any provisions of these Terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
These Terms and any dispute or claim arising out of or in connection with them (including any non-contractual claims or disputes) shall be governed by and construed in accordance with the laws of Singapore and you and Dan-Z Fitness Pte Ltd irrevocably submit to the non-exclusive jurisdiction of the Singapore courts.
Purchasing Your First Credits and/or K-dollars
Purchasing credits / K-dollars with Kpopxfitness.com is easy. You will need to create a KpopX K-member account with approval and be logged in to that account to purchase credits. Don't worry if you do not already have one, you will be prompted to create one when you place your order or received invitation link. If you experience any difficulties when purchasing credits please email us at: Kpopxfitness@gmail.com
K-members may be banned or accounts suspended or terminated on the entire Kpopxfitness.com website if users use inappropriate language or inappropriate behavior as determined by Dan-Z Fitness Pte Ltd Inappropriate language and/or inappropriate behavior is not allowed on kpopxfitness websites. Dan-Z Fitness Pte Ltd is not responsible for user content, postings, chat, and/or communications. Users are responsible for their own actions.
You agree not to do any of the following:
Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind,
Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.
We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the service as determined by Dan-Z Fitness Pte Ltd
We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a kpopx fitness website or service in violation of the law.
Applicable Law and Jurisdiction
These General Terms & Conditions and/or Specific Service Terms & Conditions shall be subject to and construed in accordance with the laws of the Republic of Singapore.
Section 2: Privacy Terms & conditions
Information We Gather
In order to become a member of kpopxfitness.com and have access to our members' only areas, we ask you to register with our site and provide your e-mail address and name. This registration information is personally identifiable information (“Personal Data”) because it allows us to contact you and distinguish you from other users.
Though we must store your information on our servers, we will only use that information to provide you with our fitness training materials and provide you with other services through our web site.
In order to maintain and improve kpopxfitness.com, we also gather some statistical data when you visit the site. The exact information we collect may vary, but can include the date and time of an access to our site, the Internet Protocol address of a computer requesting a page, the pages requested, and computer and connection information such as browser type and operating system. We do not associate this statistical information with your Personal Data.
Like many web sites, we may use "cookies," which are stored on your computer and contain small amounts of information sent by kpopxfitness.com to your computer and read by kpopxfitness.com when you visit the different pages of our website. For example, cookies allow us to remember your username and password as you navigate around our site.
Like many web sites, we may use "activity tags" (also called "Promotional tags"). These invisible tags provide information to third parties about the flow of users on our site and other web sites. kpopxfitness.com also receives reports generated from that information. Information collected through the use of activity tags on our site is never linked to any Personal Data you provided to kpopxfitness.com.
kpopxfitness.com is not designed for children. We do not knowingly collect any information from children under 18 years.
How We Use That Information
We do not rent, sell, transfer or otherwise disclose your Personal Data to any third party, except as expressly stated below.
As noted, we gather the information discussed above for purposes of providing and improving kpopxfitness.com for you. For example, we use the information to allocate system resources and communicate with you about updates , promotions and new features, among other things.
As described above, we also aggregate information supplied by users during registration and information about their use of kpopxfitness.com to maintain our services and describe our user base to potential partners, investors and advertisers. In providing this information, however, we do not reveal any Personal Data, only supply summary data about our community of users.
There are some limited circumstances in which we may need to disclose Personal Data about you, and we want you to know about them.
We may employ other companies to perform functions on our behalf, such as fulfilling orders, delivering packages, providing customer service, sending mail, processing credit card payments, holding live chats, hosting message boards or other functions necessary for us to provide services to you. We may need to share your Personal Data with these companies. However, we will provide them with only the information necessary to perform their functions, and will not allow them to use that information for any other purposes.
In the interest of enhancing our service, we form partnerships with other web-based services. Some of these partnerships include the sharing of some of your Personal Data with our partners in order to extend these services to you. We require that our partners respect your privacy and not disclose your information to other organizations without your consent, but beyond that, our partners' use of your information is governed by their privacy policies. You will be given the opportunity to opt out of joining any of our partner services at the time of registration.
We may reveal user information if we believe that user is harming or interfering with other kpopxfitness.com users, anyone else, or violating (either intentionally or unintentionally) our User Agreement , or infringing any of kpopxfitness.com's rights, or trespassing on, damaging, or abusing any of kpopxfitness.com's property.
kpopxfitness.com will reveal information, including Personal Data, to the extent it believes it is required to do so by law. If we are asked by subpoena or other legal means to disclose any of your Personal Data we will, if permitted by law, attempt to notify you via the e-mail address you supplied during registration at least ten days before we respond to the request.
When you register, you may be given an option to opt-out of subscribing to our regular update service. We will send you e-mail alerts for marketing updates, new promotions and special offers. Such alerts may include marketing information about kpopxfitness.com or selected business partners.
At all times, if you want to unsubscribe any marketing email alerts, you may click the automated unsubscribe link in any of our email of here so that you can opt-out of that subscription.
Your kpopxfitness.com account is password protected so that only you may use it. We recommend that you do not divulge your password to anyone and kpopxfitness.com will never ask for your password by phone or e-mail. Also remember to log out from kpopxfitness.com and close your browser window when you have finished your work to ensure that others cannot access your personal information and correspondence.
At kpopxfitness.com, we have put in place a number of industry standard security measures to make sure your data is safe from loss, misuse, or alteration. These include industry standard encryption, firewall and other data security practices. Our team reviews our security system regularly, and upgrades it all the time to keep your data safe.
kpopxfitness.com employees and contractors are only given access to member data on a password-protected basis. It is our employment policy that this information is to be treated with the utmost confidentiality, and any misuse of this information is grounds for disciplinary action, including termination.
If you have any complaint(s) arising from the collection, use and/or disclosure of your Personal Data, please be informed that your complaint(s) can be sent to email@example.com.
Availability of Information
Upon your request, we will make available to you more information on our policies and practices developed and implemented by us as regards the collection, use and disclosure of Personal Data about you as well as our complaints process developed to receive and respond to your complaint(s).
Withdrawal of Consent
Should you wish to withdraw your consent to the collection use and disclosure of your Personal Data for any of the purposes stated, you may do so by sending us a notice to firstname.lastname@example.org, stating the following information:
Your name and identification number; and
The purpose(s) that you had previously consented to for which you wish to now withdraw your consent for.
Please note that we may be unable to continue to provide certain products and/or services to you as a result of your withdrawal of consent and your withdrawal of consent will not affect any legal consequences arising from such withdrawal.
Access to your Personal Data
Upon request by you (the “Access Request”), we shall provide you with the following information:
personal data about you that is in our possession or under our control; and/or
information about the ways in which your personal data have been or may have been used or disclosed by us within a year before the Access Request.
To make an Access Request, please write to email@example.com and kindly include your name and identification particulars and such information that we may require to identify you and the relevant personal data.
Please be informed that we are entitled to charge a fee to recover the costs directly related to the Access Request for the time and effort spent by us in responding to your Access Request, and will let you know the amount accordingly.
Please also note that under the PDPA, we are not required to provide you with certain categories of information listed under the PDPA.
Correction of Personal Data
You may request us to correct an error or omission in relation to personal data about you that is in our possession or under our control by writing to firstname.lastname@example.org, including your name and identification particulars and such other information that we require to identify you and the relevant personal data.
Questions About This Policy
Terms & Conditions for the Sale of Credits, k-dollars & materials in kpopxfitness.com website.
Please read these Terms carefully before purchasing Credits. By ordering any Credits, you agree to be bound by these Terms.
Section 3: K-MEMBERSHIP DOS AND DON'TS
1. Use the business name, trade name and/or trademark of a facility where your KpopX® class or approved event is being held, so long as your use is subordinate to the Marks and is permitted by the facility (Section 2.2).
2. Use the Marks only in the forms shown in the exhibits to the Agreement, including adhering to the colors, fonts, stylization, proportionality and other elements of the Marks (Section 4).
3. Use the appropriate trademark symbol (®) with each use of a Mark (e.g. KpopX® Fitness, KpopX® Lite, KpopX® Kids, KpopX® Family Bonding) (Section 4).
4. Use the following “used under license” language on all materials which bear the Marks (Section 4.1): KpopX®, [insert other Marks, i.e., KpopX® Fitness] and the KpopX Fitness logos are trademarks of KpopX Fitness, used under license.
5. Teach your KpopX® classes in accordance with how you were taught to teach the KpopX® program in your instructor training course .
6. Comply with applicable laws, regulations and ordinances in the country, state and locality in which you teach KpopX® classes and obtain all appropriate government approvals pertaining to marketing, advertising, or providing services (e.g., music licensing; liability waivers; professional liability insurance; fitness certifications; background checks) (Section 4.3).
7. Use the Marks on flyers, posters, emails and other printed materials whose sole purpose is to promote your KpopX® classes or approved events (Section 4.4).
8. Use “KpopX” or one or more of the KpopX Specialty Trademarks, for which you are licensed, as part of your email address so long as you use such email address solely for the promotion of your KpopX® classes and approved, related KpopX® activities (Section 4.5).
9. Use “KpopX” or one or more of the KpopX Specialty Trademarks, for which you are licensed, as part of your domain name for a website that promotes only your KpopX® classes, approved events and related. If requested by KpopX, you must transfer any domain name to KpopX that includes “KpopX” or one or more of the KpopX Specialty Trademarks (Section 4.6(b)).
10. Identify yourself in the Whois listing as the Registrant of a domain name you use that contains the Marks
11. Use the Marks on a website, including blogs and social media sites, to promote your KpopX® classes and approved events under the following guidelines
a. Include a link on the home page of your website to kpopxfitness.com
c. Never use any music on your website unless you have an appropriate license (Section 4.7(c)).
d. Include your name in the title of any social media page(s) incorporating one or more of the Marks. In the case of group pages, all Instructors must be Kmembers and must be identified on the page (Section 4.7(f)).
12. Use the Marks in radio or television advertising with KpopX’s prior approval (Section 4.8).
13. Promote your KpopX® classes or approved events through live or print news coverage, or through any mainstream news organization or print publisher. In the event of such promotion, you must inform the news organization or publisher of KpopX’s brand use guidelines. With respect to live news coverage, such coverage must not include more than ten minutes of a KpopX® class, approved event or a KpopX® exercise routine (Section 4.8).
14. Use the Marks in connection with the resale of genuine KpopX® products purchased from KpopX or an authorized distributor, so long as such sales are subordinate to your KpopX® classes or approved events. You may resell original KpopX® products on online trade boards, provided you identify yourself in such listings. Never sell KpopX® products outside of the territory where those products were purchased (e.g., products purchased in the U.S. must be resold in the U.S. and not sold outside the U.S.) (Section 4.9).
15. Use the Marks to conduct KpopX® classes or events in connection with fund raising activities for charitable or other worthy causes that KpopX approves (e.g., such an event can be identified as a KpopX® Class Fundraiser, KpopXthon® Charity Event, KpopXthon® Event, etc.) (Section 4.11).
16. Use the Marks in connection with trade shows and KpopX® classes for college credit (KpopX’s prior approval is required) (Section 4.11).
17. Notify KpopX of any unauthorized use of the Marks for which you become aware (Section 8).
1. Never use the Marks in a way that implies an association or affiliation with a third party (Section 2.2).
2. Never dilute or disparage KpopX or the Marks (Section 2.3) or take any action inconsistent with KpopX’s ownership of the Marks (e.g., never register any trademark incorporating “KpopX” or any of the Marks) (Section 2.4).
3. Never sell, offer for sale, advertise or promote any competing goods or services under a domain name containing the Marks (Section 4.6(a)).
4. Never register or use a domain name containing “KpopX” and the name of a country (e.g., KpopXaustralia.com or KpopX-brazil.co.br) without KpopX’s approval (Section 4.6(d)).
5. Never use any Marks as AdWords, paid search, keywords or otherwise for search engine optimization or for creating “sponsored links” (Section 4.7(e)).
6. Never use KpopX’s Fitness-ConcertTM trademark (Section 4.10).
7. Never use the Marks to promote any workshop, training, instruction, choreography session, or other activity except your own KpopX® classes or approved events (Section 5).
8. Never use the Marks to identify a gym, workout facility, business or trade name, or any other type of facility, program or product without KpopX’s prior approval (Section 5).
9. Never modify the Marks (e.g., do not (i) refer to a class as, for example, “KpopX Core”, “KpopX Glutes”, or “KpopX Warrior”; or (ii) change the spelling of the Marks, such as, for example, using the phrases “KpopXrific” or “KpopX-mania”) (Section 5.1).
10. Never use the Marks as a business or trade name (e.g., do not call a business “KpopX Club”, “KpopX Studio”, or “KpopX Fitness Center”) (Section 5.2).
11. Never use the Marks as verbs or nouns (e.g., “I Love to KpopX”, “Once you KpopX, you’ll be hooked” or “My gym offers KpopX”). Instead, always use the Marks as adjectives (e.g., “I Love the KpopX® program”, “Once you attend a KpopX® class, you’ll be hooked” or “My gym offers KpopX® classes”) (Section 5.3).
12. Never use the Marks as titles to newsletters or publications (Section 5.4).
13. Never manufacture, create, offer for sale or sell any merchandise, including apparel, accessories, CDs, DVDs or promotional items, bearing the Marks or any names, designs or logos similar to the Marks. You may modify and/or repurpose any official KpopX® products for your personal use only. Never offer for sale, sell, or distribute modified and repurposed KpopX® products (Section 5.5).
14. Never copy, duplicate, sell, distribute, upload, stream or otherwise disseminate any Kmember materials (Section 5.6).
15. Never play the Kmember videos as part of a class or publicly perform any KpopX® video, including of your own classes (Section 5.6).
16. Never film, record, stream live video, create DVDs or reproduce in any manner KpopX® classes, or otherwise imitate KpopX®/Kmember choreography or music (Section 5.7).
17. Never use the Marks in connection with a mobile application, including in the title, icon and content of the application (Section 5.8).