General Terms

WHO ARE WE AND WHAT DO WE DO?

We, Jomfitness (“we”, “our”, “us”) operate a website at www.jomfitness.com (the “Site”). We also operate, or may in the future operate, Jomfitness apps for tablets, mobile and other smart devices (“Apps”). We also use social media channels and other platforms.Jomfitness pages and profiles on such channels and platforms, together with the Site and Apps, are our “Channels”. We are registered as an incorporated company in Malaysia with registration number [202003005269 (SA0538799-T)] and our registered office is [No 44, Jalan U13/8F Setia Impian 8, Setia Alam Selangor].

Our Channels provide information about sporting endurance events taking place all over the world (“Events”). All Events we provide information about and which are promoted on our Channels are organised by third parties. We do not run Events ourselves. If you organise Events and want to promote them via our Channels please contact info@jomfitness.com and we may agree that you can sign up as an “Organizer”.

In you are interested in participating in Events you can register as a Jomfitness member (“Member”). Members can sign up to Events organised by Event Organizers via our “Registration Service”. You can also sign up to Events as a guest. Members agree that we may send them information about Events which we think may be of interest to them based on the criteria they have selected. We may also provide Members with other facilities, such as maintaining a record of their performances and achievements.

INTRODUCTION

These Terms of Use (“Terms”) apply to all users of our Site and Apps (including but not limited to Members and organizers). Please read these Terms carefully as they set out the basis on which you can use the Site, the Apps, the Registration Service and receive communications from us about Events (together the “Service”). Additional terms and conditions apply to organizers (“organizer Terms”). When an Organizer of events signs up as an Organizer we will provide, and the Organizer must agree to, the Organizer Terms. Organizers provide us with, or publish directly onto our Channels, information and content about or relating to their Events (“Event Information”). Organizers are responsible for their Events and all Event Information. We are committed to ensuring that we provide a great user experience for you when you use our Service so if you have any questions, comments, complaints or even suggestions, please get in touch via email to: info@jomfitness.com

ACCEPTANCE OF THESE TERMS

By using any part of our Service you accept and agree to be bound by these Terms. These Terms form a legally binding contract and will govern your use and our provision of the Service. It is important that you read them carefully and make sure you understand them. We recommend that you review these Terms each time you use the Service and print a copy off for your records. We do however reserve the right to delete, add to or amend these Terms or any part of these Terms at any time. We would usually do this to reflect any changes to the Services, the technology we use, our licensing arrangement or as required by law. If we do change these Terms, we will post the changes on this page and will indicate the effective date of the Terms at the top of the page.

USING OUR SERVICES

You acknowledge that we give you access to the Services on a temporary basis but we reserve the right to withdraw or amend them at any time without notice to you. You accept that the Services are available on an “as is” basis. You are only permitted to use the Services for personal, non-commercial purposes or, if you are an Organizer, in accordance with the Organizer Terms. You must not: Use, or cause others to use, any automated system or software to extract content or data from our Channels except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity; Interfere with, or disrupt, our Channels or any servers or networks connected to them, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Site or the Apps are rendered or displayed in a user’s browser or device; Access our Channels via any unauthorised means, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies); Attempt to restrict another user of our Channels from using or enjoying them and you must not encourage or facilitate the breach of these Terms by others; Use our Channels for any illegal or unauthorised purpose; or change, modify, adapt or alter the Site or the Apps, or change, modify or alter another website or platform so as to inaccurately imply an association with our Channels or with us.

UPLOADING YOUR CONTENT TO OUR CHANNELS

On certain parts of our Channels, Members may be able to submit materials or information for publication on our Channels (for example for use in their profile or as feedback on an Event (“Your Content”)). You must ensure that Your Content meets the guidelines stated in the stated Terms and Conditions.

ACCEPTABLE CONTENT GUIDELINES

Your Content must be true, accurate and not misleading. Your Content must not breach any third party rights anywhere in the world. We appreciate that you may not be an expert in rights, but by way of example: Your Content must not contain any other identifiable brands or logos; and Your Content must not include music unless you have written the music yourself or have a license from the person who wrote and recorded the music. You must have the express consent of any individual featured in Your Content to their image and/or voice being used in accordance with the permission you grant to us below. If you do not have their consent, Your Content must not feature that individual. Your Content must not: Contain any material which is or may reasonably be considered to be threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, or in breach of confidence; Be illegal or infringe the rights of any third party, in any country in the world; and contain any representations on behalf of any third party and must make clear when it is an expression of your opinion. By uploading Your Content to our Channels, you hereby grant us, together with users of our Channels an irrevocable non-exclusive license (which is unlimited in time) to view and use Your Content without restriction, including by way of example for commercial purposes. We make no guarantee that Your Content will be kept on our Channels for any length of time, and we reserve the right to remove Your Content as we see fit. You are urged to keep back up copies of any of Your Content submitted to us. Our Channels should not be used as your primary method to store or curate copies of your information, images, videos or text, as Your Content may be removed permanently from our Channels at any time, and we may not keep copies of Your Content. For the avoidance of doubt, our Channels which are not owned by us (including social media platforms which we use) (“Third Party Platforms”) will have other terms which apply to Your Content. You are responsible for familiarising yourself with and accepting the terms of any such Third Party Platforms.

AVAILABILITY OF THE SERVICE

You acknowledge that we cannot guarantee that our Service will: Stay the same (as we might change our Service or remove for example the Events we advertise); Be compatible with all or any hardware or software which you may use; be available all the time or at any specific time; or be error-free or free of viruses, electronic bugs, trojan horses or other harmful components and you must take your own precautions against such risks accordingly. You also acknowledge that: We cannot guarantee the speed or security of our Channels; and we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Channels to the fullest extent permissible by law.

SIGNING-UP FOR AN ACCOUNT WITH US

If you would like to receive communications from us or register for an Event, you will need to register an account with us and become a Member. When registering for an account, you promise that: You have provided us with accurate and truthful information during the registration process; And you are using our Services for private non-commercial purposes. You are responsible for maintaining the confidentiality of your username and password. You agree that we are entitled to assume that any person logging into our Channels or using our Service using your username and password is either you or someone doing so with your permission.If you believe someone has accessed your account or used our Services using your username and password without your authorisation, you must inform us immediately so that we can suspend your account and you must set up a new account.When registering an account, we will ask you to select certain options indicating your preferences with regards to certain Events. We will then use this information to send you (with your consent) communications which we think are most relevant for you. You can change your preferences at any time by adjusting the preference settings on your account.

REGISTRATION SERVICE

Event Registration Process If you decide to use our Registration Service, the following provisions of General Sales Conditions apply. If you would like to use our Registration Service, you will need to login using your account details and password or sign in as a guest and go to an Event sign up page. This will enable you to start the event registration process (“Event Registration Process”). As part of the Event Registration Process, we shall collect from you certain registration information that is required by the Event Organizer or where the Event Organizer uses a third party booking agent (“Ticket Seller”), the relevant Ticket Seller. Such information may include name, address, contact details, date of birth, gender, previous performance information, and details of any health issues (“Registration Information”) To the extent you have already provided us with Registration Information for a previous Event, we may use the Registration Information you have already provided unless you indicate otherwise during the Event Registration Process. During the Event Registration Process you may be offered products and/or services related to the Event which are provided by the Organizer or third parties with whom the Organizer has a relationship, such as car parking, spectator tickets or Event merchandise (“Additional Products”) On the Event sign up page you will find Event Information provided by the relevant Event Organizer. This Event Information will include any applicable Event terms and conditions, the Ticket Seller terms and conditions, terms relating to any Additional Products, waivers and/or other documentation or terms that you are required to accept in order to participate in the relevant Event and/or purchase Additional Products which you have selected (“Event Terms”). We recommend that you read these Event Terms very carefully as they will govern your participation in the Event and contain important information such as the Organizer’s and your rights of cancellation and your right to a refund in relation to the Event and any Additional Products you select. They will also likely contain important exclusions and limitations on the Organizer’s or Ticket Seller’s liability in respect of the Event and may in certain circumstances require you to waive certain rights you may have.

Signing-up others

For some Events you may be permitted to sign-up friends, family, colleagues or other persons from who you have authority to sign up to the Event and/or buy Additional Products for (“Other Participants”). If you sign up Other Participants for an Event using the Event Registration Process you are confirming that: You have authority from all Other Participants to sign them up to the Event and to provide their Registration Information; you have provided all Other Participants with the Event Terms and they accept the Event Terms; you have provided all Other Participants with the Event Terms and they accept the Event Terms; all Other Participants agree that we, the Event Organizer and any Ticket Seller may contact them in relation to the Event and/or Additional Products, and in accordance with the Event Terms; and you will take responsibility for all Other Participants’ compliance with the Event Terms. Your “Order” shall consist of all registrations you submit to us (whether for you and/or any Other Participants) and/or any Additional Products that you select during the Event Registration Process. You acknowledge and agree that once you have provided the relevant Registration Information and indicated your agreement to the relevant Event Terms, we may act on your behalf as your agent to submit your Order to the Event Organizer or Ticket Seller (as applicable). Accordingly you hereby authorise us, acting on your behalf, to submit your Order. This includes authorising us to do the following on your behalf: Submit the relevant Registration Information (for you and any Other Participants) to the Event Organizer or Ticket Seller as applicable; submit an order for any Additional Products you have selected; accept the Event Terms; and liaise directly with the Event Organizer in respect of the Event.

Payment

During the Event Registration Process, we shall notify you of the cost of your Order (including any booking fees) (the “Price”).

Payment of the Price via our relevant Channels must be made by one of the payment methods displayed on the Channel at the current time. By submitting your credit or debit card details or, when available, you are representing that you are the card holder of the relevant credit or debit card, or are expressly authorised to use such credit or debit card account.

In order to submit your Order on your behalf, we will require you to pay the full Price directly to us using your selected Payment Method. Before we submit your Order we will either need to take full payment of the Price or obtain an irrevocable pre-authorisation from your Payment Method for the full Price. Once the Event Organizer or their Ticket Seller has confirmed your Order (or any part of it) a binding contract will be formed between you and the Event Organizer and/or their Ticket Seller, as applicable. As we are acting as your agent in relation to the payment of the Price, any refunds owed to you in respect of the Event shall subject to the relevant Event Terms.

Your obligations

You promise that your Registration Information is accurate and up to date and that if any of the Registration Information changes prior to the relevant Event, you will notify us within a reasonable time prior to that Event. When you signify your agreement to the relevant Event Terms, you are giving an undertaking to us that you will comply with, and will ensure any Other participants comply with the relevant Event Terms.

Our obligations

Once you have completed the Event Registration Process and we have received the Price from you we will: Submit your Order to the Organizer or Ticket Seller (as applicable) on your behalf; and send a confirmation of the acceptance of your Order as soon as practicable following the Organizer and/or Ticket Seller’s confirmation to us. Please note that we are simply acting as a facilitator in respect of the Event and the completion of the Event Registration Process does not provide any guarantee that you or any Other Participants will be able to participate in the relevant Event or that the Additional Products will be supplied. Only when we have submitted your Order and received a confirmation email from the relevant Event Organizer or Ticket Seller that your Order (or any part of your Order) has been accepted will a binding contract be formed between you and the Event Organizer or Ticket Seller as applicable. As soon as practicable after we receive this confirmation email, we shall communicate this to you. If your Order or any part of it is not accepted by the Event Organizer or Ticket Seller (as applicable) we will refund to you the relevant amount of the Price, or, if we have only taken an irrevocable pre-authorisation from your Payment Method, we will cancel the relevant part of the pre-authorisation and only take payment in respect of any elements of your Order which have been accepted.

General Terms

About Us

Contact Us

Instagram