FITNESS BEST

ASIA AWARDS 2017

TERMS & CONDITIONS

The Fitness Best website and all associated sites linked to www.fitnessbest.com (the “Site”) is owned and published by amc Experience! Pte Ltd (“amc”). BY USING OR ACCESSING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

ACCEPTANCE

By continuing to use of or accessing any part of the website at www.fitnessbest.com, registering for the awards, submitting nomination information to Fitness Best or amc (and/ or its related entities) whether for the purpose of registering for the awards or otherwise, or using any features of the aforementioned website, you signify that you have read, understood and agreed to be bound by the Privacy Policy set forth below (as amended from time to time) in respect of amc’s collection, use and disclosure of your personal information. Further, you hereby expressly agree and consent to amc’s (including its related entities, as well as their respective agents’), collection, use and disclosure of your personal information, in the manner set forth in the aforementioned Policy. Completion of the online registration form confirms the Participant’s agreement to abide by these Terms of Use.

amc reserves the right to revise these Terms of Use at any time, by posting the changes online. You should check the Terms of Use regularly to be aware of any changes as you are legally bound by the latest revision.

PRIVACY POLICY

This Privacy Policy (hereinafter the ”Policy”) is hereby issued pursuant to the provisions contained in the Singapore Personal Data Protection Act 2012 (hereinafter the ‘Act’) and sets out inter alia how amc collects, uses, discloses and protects information, including ‘personal data’ and ‘statistical data’ (hereinafter collectively referred to as ‘personal information’) as a result of your interaction, whether through the website www.fitnessbest.com or social media sites in relation to the Fitness Best Asia Award (hereinafter ‘Award’). The Policy also stipulates amc’s responsibilities in relation to the collection, use, disclosure and protection of personal information.

CONSENT

By continuing to use of or accessing any part of the website at www.fitnessbest.com, registering for the awards, submitting nomination information to Fitness Best or amc (and/ or its related entities) whether for the purpose of registering for the awards or otherwise, or using any features of the aforementioned website, you signify that you have read, understood and agreed to be bound by this Privacy Policy in respect of amc’s collection, use and disclosure of your personal information. Further, you hereby expressly agree and consent to amc’s (including its related entities, as well as their respective agents’), collection, use and disclosure of your personal information.

PERSONAL INFORMATION

The types of personal information collected by Fitness Best / amc fall within the following categories:

a) Personal Data

  • Information which can be linked back to the Participant. For example, the name, gender;
  • The Participant’s contact information. For example, the mailing address, telephone number, and email address;
  • The participant’s technical information. For example, the IP address from which the registration form and entry submission is accessed, completed and submitted.

b) Statistical Data
This includes the following:

  • Information which can be linked back to the Participant. For example, the name, gender;
  • The Participant’s contact information. For example, the mailing address, telephone number, and email address;
  • The participant’s technical information. For example, the IP address from which the registration form and entry submission is accessed, completed and submitted.

For the avoidance of doubt, Statistical data is stored purely for analytical purposes, and is entirely anonymous. Statistical data will not be tied to any individual, and will only be aggregated for statistical analysis so that Fitness Best / amc can better understand the Participant’s profile and improve the service offering.

COLLECTION OF PERSONAL INFORMATION

amc collects personal information in the following ways: when you submit forms or applications to amc (and/ or any of its related entities) including but not limited to the Registration Form for the Fitness Best Asia Awards; when you communicate with Fitness Best / amc; when you respond to our request to provide further information; when you visit the website www.fitnessbest.com; when you submit your personal information to Fitness Best / amc, for any other reasons.

By providing personal information to amc (and/ or any of its related entities), you confirm that the information is complete, and accurate, to the best of your belief, and knowledge. Failure to abide by the said requirement may result in amc’s inability to fulfill your requests and/ or applications.

PURPOSES FOR COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION

amc collects, uses, and discloses your personal information for the following purposes: to faciliate your registration for the Awards; to communicate with you; for planning, research, data-planning, and data-processing activities; for statistical analysis; for record keeping purposes (where there are legal and/ or business reasons for retaining the said records); for legal purposes (including but not limited to the obtaining of legal advice; to facilitate dispute resolution; and to investigate suspected unlawful activities including intellectual property infringement); and/or for purposes which are reasonably related to the aforesaid.

DISCLOSURE OF PERSONAL INFORMATION

Your personal information may be disclosed to the following: amc’s related entities; agents, contractors and/ or third party service providers who provide operational services in relation to the Fitness Best Asia Award; any business partner, investor, assignee and/ or transferee (actual or prospective); our advertising, marketing and promotional agencies, to help us inter alia deliver and analyse the effectiveness of our campaigns and promotions; amc’s professional advisers (including but not limited to its legal advisors, auditors and financial advisors); appropriate government authorities, statutory boards and law enforcement authorities, to comply with the applicable laws, rules and regulations; counterparties, billing organisations and their respective banks, in relation to fund transfers and payments; and/or any other party to whom you authorise us to disclose your personal information.

To the extent feasible and practicable, amc shall endeavour to ensure that its employees who are involved in the collection, use and disclosure of any personal information, will adhere to the stipulations contained in this Policy.

WITHDRAWAL OF CONSENT, ACCESS TO AND CORRECTION OF PERSONAL INFORMATION

amc recognizes the need to maintain accuracy, currency and completeness of personal information collected. If you wish to have access to, review, incorporate amendments, and update your personal information, please follow the instructions specified hereinbelow:

If you wish to:

  • Withdraw your consent to any use of your personal information as set out in this Policy;
  • Have access to and/ or incorporate amendments/ updates to your personal information; and/ or
  • Have any queries or feedback pertaining to your personal information;

amc can be contacted through any of the following modes:

By mail: 18 Jalan Klapa Singapore 199330

By email: info@fitnessbest.com

Kindly note that if you withdraw your consent to any or all use of your personal information by amc, depending upon the nature of request, amc may not be in a position to continue to provide its services to you, and the said action of withdrawal of consent (whether partial or total) may be deemed to be a termination by you of any contractual relationship which you may have with amc. Further, under such circumstances, you may be in breach of your contractual obligations. In such an event, all of amc’s (and its related entities) rights are hereby fully and expressly reserved.

RETENTION OF PERSONAL INFORMATION

amc will retain the personal information collected, for as long as it is necessary to fulfil the purpose for which it was collected, the legal and/ or business purposes of amc, and/ or as may be required by applicable law.

SECURITY SAFEGUARDS

amc takes the security and protection of your personal information very seriously. As such, amc has put in place appropriate reasonable security arrangements to protect your personal information against loss or theft, as well as against unauthorised access and undue disclosure.

Unfortunately, there is always a potential risk in sending information through any channel and/ or retaining information on any storage device, and amc cannot guarantee that communications between you and amc or information stored on amc’s resources, including personal information, will be free from unauthorized access by third parties.

To the extent permitted by applicable law, amc (and its related entities) will not be held responsible for:

  • for any unauthorized access and/ or illegal or unauthorized use of information, including personal information; and/or
  • if your information, including personal information, is accessed through unauthorized and/ or improper use of your account or login information or due to your failure to secure your username, password, or login ID.

Further, if you do not take reasonable measures to ensure the continued confidentiality and accuracy of the personal information, to the extent permitted by applicable law, amc will not be liable for any consequential misuse. If you have any concerns about security of your personal information disclosed to amc, you should contact amc.

UPDATES TO THE PRIVACY POLICY

amc may from time to time update this Policy to ensure that the Policy is in compliance with any future developments, industry trends and/ or any changes in the legal and/ or regulatory requirements. Subject to your rights at law, you agree to be bound by the prevailing terms of the Policy as updated from time to time on the website www.fitnessbest.com. Please check back regularly for updated information on the handling of your personal information.

USE OF COOKIES, CLICKSTREAM DATA AND LINKS TO OTHER WEBSITES

In order to enable certain parts of the website www.fitnessbest.com to function correctly, we employ cookies. Cookies are small data files that are transferred to your computer’s hard drive from your web browser, to recognise your preferences. The cookies do not contain your Personal Data (unless you specifically chose the “Remember Me” feature), but only Statistical Data which is entirely anonymous. Please refer to your browser’s documentation to check if cookies have been enabled on your computer or to request not to receive cookies.

In order to improve your online experience, amc may track clickstream data to advance your use of the web pages and to track referrals from other websites. Such data will not be stored as part of your personal information. It will only be collected for statistical analysis.

The website www.fitnessbest.com may contain links to other websites. Your access to the said linked websites is at your own risk and to the extent permitted by law, amc shall not be held responsible for your access to the said linked websites and the consequences which may flow therefrom. Whilst amc will protect your personal information collected by it directly, amc cannot control or be responsible for the policies of other websites that may be linked to it, or the use of any personal information which you may share with them. Please note that this Policy does not cover these other websites, and amc would recommend that you are apprised of their specific policies.

COPYRIGHTS & TRADEMARKS

This website and all materials incorporated on this website (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyrights, patents, trade secrets or other proprietary rights under laws of the Singapore and other countries. Some of the logos or other images incorporated by Fitness Best on this website are also protected as registered or unregistered trademarks, trade names and/or service marks (“Trademarks”) owned by amc. All other trademarks are the property of their respective owners. Use of the Trademarks of amc or of any other party is not authorized in any manner other than as incorporated into this website. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL, IN WHOLE OR IN PART, IS EXPRESSLY PROHIBITED. Any unauthorized use may subject the offender to civil liability and criminal prosecution under applicable law.

WARRANTY DISCLAIMER

You agree that your use of the website shall be at your sole risk. To the fullest extent permitted by law, amc, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. AMC makes no warranties or representations about the accuracy or completeness of this website's content or the content of any sites linked to this website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website. amc does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked services or featured in any banner or other advertising, and amc will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATION OF LIABILITY

In no event shall amc, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that amc shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless amc, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the website; (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the website, (Iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website. amc does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked services or featured in any banner or other advertising, and amc will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

GOVERNING LAWS

This Terms of Use shall be governed and interpreted in accordance with the laws of the Republic of Singapore and the parties irrevocably submit to the non-exclusive jurisdiction of the Singapore courts. These Terms of Use, together with the Privacy Notice at and any other legal notices published by amc on the website, shall constitute the entire agreement between you and amc concerning www.fitnessbest.com.

SEVERABILITY

If any individual section of this Terms of Use is or become null and void, ineffective or voidable, the remaining sections shall not thereby be affected but shall be formulated or supplemented in such a manner that they come as close as possible to realizing the intended economic object in a legally admissible manner. This shall also be applicable for any omissions, which will be supplemented. Your use of the website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE.