User Terms and Conditions
The WOW Coach Mobile Application/Platform ("Coach") is an advertising marketplace, for Providers to advertise their services to potential customers.
WOW Coach as an
Advertising Marketplace
1. The Wow Coach Mobile Application/Platform (“Coach”) is an advertising marketplace for Providers to advertise their services to potential customers.
2. Any listing of Providers, Users or Participants on Coach, whether random or sorted, or in a filter/search function or algorithm, does not constitute a recommendation made by Coach or by us.
User Agreement
Contracting Parties
1. By accessing, registering and/or using the Coach, You, (“the User”) enter into and conclude a legally binding agreement with Aha Inspiration Pte Ltd (“we”/“us”/“our” as the context requires).
2. Any engagement with, appointment of, or purchase of products or services provided by a third party (including but not limited to the Provider) featured, advertised or referred to on Coach will result in you directly engaging and contracting with the Provider and not with us.
Terms And Conditions
You hereby accept without limitation or qualification the Terms and Conditions herein, including the terms specified in the Personal Data Notice.
1. Variation must be in writing:
1.1 No variation of this agreement shall be valid or effective unless it is in writing.
1.2 The contracting parties agree that any purported waiver or variation of the terms not made in writing is expressly void.
1.3 We reserve the right to amend these Terms and Conditions by updating them on Coach. Your continued use of Coach signifies your acceptance of the latest version of the Terms and Conditions posted on Coach which terminates and supersedes all prior representations oral or written, and replaces any and all prior versions of the same.
2. Warranties
2.1 You warrant that you are at least 21 years of age and have the legal capacity to enter into legally binding agreements.
2.2 We make no warranties of accuracy of the information provided by any third party, Provider, User or Participant on Coach. You expressly agree that we are not liable for any content, errors or omissions on Coach, and agree that we are not liable for any kind of inconvenience, loss, damage, personal injury, or even death that results from you accessing or using Coach, or through subsequent contact with another person through Coach.
2.3 You duly acknowledge that you will not hold us responsible for any inaccuracy or any claim and you are solely responsible for verifying the accuracy or validity of any information or claim made by any third party on Coach.
3. Personal Data
3.1 You warrant that the personal data that you have provided to is current, accurate and will promptly update the personal data ensure that the personal data is current.
3.2 When you engage with, sign up for, or purchase any product or service with a Provider other than on your own behalf, or on behalf of another person, you warrant to us that you act as an agent or parent of that person and you are authorised to and/or have consent of that person to warrant to the Provider that you are likewise authorised to and have consent of that person to engage with the Provider on behalf of that person, and you expressly request Coach to release the Participant’s personal data to the Provider.
4. Risks
4.1 We are not liable for any accuracy, representations or misrepresentations made by any Provider displayed on Coach.
4.2 You will not hold us responsible for, and acknowledge that you know that you may encounter or view advertisements, listings, images and/or text uploaded or provided by another Provider, User or Participant which may make you feel uncomfortable.
4.3 In choosing to engage with a Provider, you accept (in the case where you perform an action on behalf of a child or another person, you act as their agent or parent to accept on their behalf) all the risks, including but not limited to, all risks associated with the activity, sport, class, including but not limited to, bodily contact by other users/participants, nature or environmental hazards, risk of injury.
5. Intellectual Property, Copyright, Trademarks
5.1 We are not responsible for any images or text provided by any Provider.
5.2 You warrant and grant us consent to display, provide and use any text or images provided by you to the Provider you choose to engage with, including but not limited to, for the purposes of identification and providing services.
6. Payment (including deposit)
6.1 Any deposit or payment made is non-refundable.
6.2 Payments made by the User are made to a third-party payment collector.
6.3 Coach operates by collecting a commission from the Provider (and never from the User).
7. Assignment & Novation
7.1 The User shall not share access or otherwise permit another person to access their account on Coach.
7.2 The User account may be terminated anytime by us without notice and at our discretion if we discover that the User account is shared with, or used in an unauthorised manner, including the use to register for a person who did not consent to using or attending any of the Provider’s classes, sessions or services.
8. Deletion and Removal of Account and Personal Data
8.1 We reserve the right to suspend or delete any account, remove or delete any content that you have provided if we, in our absolute discretion, suspect that you have violated the Terms and Conditions, enter into any arrangement between current or prior providers of Coach for provision of services instead of operating through the Coach platform, or for no reason at all. You hereby agree that upon use of Coach and again prior to any payment made, that any payment made is non-refundable even if your account and agreement is terminated by us. Caveat emptor.
9. Informal Dispute Resolution
9.1 Where a dispute arises between a User and a Provider, we may, at our sole discretion, intervene or assist in settling, negotiating or informally mediating the dispute between the parties.
9.2 We may takedown, terminate and/or ban any User or Provider from the Coach platform if, in our opinion, is illegal, provides false information, undesirable, behaves inappropriately (including being rude, disruptive behaviour).
9.3 Our decision to takedown any account, profile, advertisement, post, photograph, image, or text is final.
Legal Dispute Resolution
1. Governing Law and Jurisdiction
1.1 This Agreement shall be governed by Singapore law and you agree to submit to the exclusive jurisdiction of the Courts of Singapore.
2. No Third-Party Rights
2.1 A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 2001 and any subsequent revision or replacement thereof to enforce any terms of this Agreement.
3. Non-Waiver
3.1 No waiver of a right or remedy under this Agreement is effective unless it is in writing and signed by the Party granting it.
3.2 A single or partial exercise of a right or remedy under this Agreement does not prevent the further exercise of that or of any other right or remedy.
3.3 Failure to exercise or delay in exercising a right or remedy under this Agreement does not operate as a waiver or prevent further exercise of that or of any other right or remedy.
4. Severability
4.1 If any clause or provision of this Agreement or part thereof is rendered void, illegal or unenforceable, it shall be rendered void, illegal or unenforceable to that extent with the remaining provisions and procedures herein shall not be affected and it shall in no way affect or prejudice the enforceability of the remainder of such provision or the other provisions of this Agreement.
5. Indemnity
5.1 You agree to indemnify us against all liabilities, claims, costs (including legal costs) and expenses incurred by us in respect of a claim by a Provider or third party which is related to, arises out of, or is in any way associated with this Agreement, payment to the Provider, and/or loss or damage suffered by the Provider or third party. This provision shall survive the termination of this Agreement.
5.2 The Company shall not be liable for any damage to possessions, bodily damage, injury or death incurred by the User or person in attendance of any class, event, venue, occasion provided by a Provider.
6. Limitation of Liability
This Clause shall survive the completion or termination of this Agreement that: unless any applicable law precludes or prohibits any exclusion or limitation of liability, you explicitly and irrevocably agree to the limitation of liability that:
6.1 We shall not be liable for any indirect or consequential damages, including, but not limited to, lost time, lost money, lost profits or good-will, whether in contract, tort, strict liability or otherwise, and whether or not such damages are foreseen or unforeseen.
6.2 You agree to a limitation of your claim and any remedy sought to no more than $100.00. Caveat emptor.
7.Freedom to Contract
7.1 You agree that you have the legal capacity to enter into a legally binding agreement and agree to all the terms and conditions herein; and agree that you have free choice not to use Coach if you do not agree to our terms and conditions herein.
8. Data Protection Notice For Providers
8.1 This Data Protection Notice (“Notice”) sets out the basis which the Company (“we”, “us”, or “our”) may collect, use, disclose or otherwise process personal data of our customers in accordance with the Personal Data Protection Act (“PDPA”). This Notice applies to personal data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process personal data for our purposes.
9. Personal Data
9.1 As used in this Notice: “personal data” means data, whether true or not, about a customer who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access.
9.2 Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include name, residential address, email address, telephone number, nationality, gender, date of birth, marital status, photograph, employment information and financial information.
9.3 Other terms used in this Notice shall have the meanings given to them in the PDPA (where the context so permits).
10. Collection, Use And Disclosure Of Personal Data
10.1 We generally do not collect your personal data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “authorised representative”) after (i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or (b) collection and use of personal data without consent is permitted or required by the PDPA or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).
10.2 We may collect and use your personal data for any or all of the following purposes: (a) performing obligations in the course of or in connection with our provision of the goods and/or services requested by you; (b) verifying your identity; (c) responding to, handling, and processing queries, requests, applications, complaints, and feedback from you; (d) managing your relationship with us; (e) processing payment or credit transactions; (f) complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority; (g) any other purposes for which you have provided the information; (h) transmitting to any unaffiliated third parties including our third party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Singapore or abroad, for the aforementioned purposes; and (i) any other incidental business purposes related to or in connection with the above.
10.3 We may disclose your personal data: (a) where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods and services requested by you; or (b) to third party service providers, agents and other organisations we have engaged to perform any of the functions with reference to the abovementioned purposes.
10.4 The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under a contract with you).
11. Withdrawing Your Consent
11.1 The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop collecting, using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below.
11.2 Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within 30 business days of receiving it.
11.3 Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described above.
11.4 Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.
11.5 The information already distributed on printed material or published on the internet (through our website or otherwise), may be permanently archived by third parties outside our control. Withdrawing consent for further use does not cause removal or cease access by third parties to the information.
12. Access To And Correction Of Personal Data
12.1 If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to us. Please note that a reasonable fee may be charged for an access request; if so, we will inform you of the fee before processing your request.
13. Protection Of Personal Data
13.1 To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as securely erase storage media in devices before disposal.
14. Accuracy Of Personal Data
14.1 We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.
15. Retention Of Personal Data
15.1 We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.
15.2 We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.
16. Storage & Transfer Of Personal Data Outside Of Singapore
16.1 We will take reasonable steps to select cloud service providers such that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA. Personal Data may be stored in internet cloud storage solutions that may be hosted in countries not within our control and unknown to us.
16.2 Personal Data may be collected, stored, processed, used or disclosed by us outside of Singapore as if the operation occurred in Singapore. This includes staff access to the data in the cloud, stored or cached on a laptop or mobile device whilst travelling.