RULES
MGL abides by the max capacity rules set out by the Govt. We take this seriously. Any customers in breach of this will have their account suspended MGL is not obligated to refund or make reparations, for incidents occurring within 2 hours of selected session which causes a customer to miss a session.
Please note the following behavior and activities are not allowed:
- Slamming of weights
- Removal of any MGL items from our Labs. We constantly check our cameras.
- Any vandalism – All vandalism will be reported to the authorities.
- No food/eating.
- No usage of chalk and/or liquid chalk.
All customers are to abide by the following:
- Keep the Lab clean by discarding any unwanted trash at the nearest trash bins.
- Check your belongings before leaving. We are not liable for any lost items.
- Use a towel at all times.
- Please return weights and equipment to its appropriate place after use.
- Dress appropriately to prevent any injuries. We encourage covered shoes and appropriate workout attire.
Inappropriate behaviors will not be tolerated. Actions include and not limited to
- Harassment of other customers
- Vandalism
- Stealing of our property.
- Tampering of our property – equipment, door, CCTV etc…
- Failure to follow maximum capacity rules.
- Overstaying after session is done.
CCTV cameras are in place and checked regularly.
MGL reserves the right to issue temporary to permanent suspension on accounts who fail to comply with the above.
Service Agreement
Thank you for using My Gym Lab. My Gym Lab provides unmanned gym related services, premises and facilities in time-based sessions. My Gym Lab is also a brand owned by My Fitness Spot Pte Ltd. The MGL Service Agreement (“Agreement“) is between My Fitness Spot Pte Ltd representing My Gym Lab, including its related parties, (hereinafter referred to as “Company“) and the Service User (hereinafter referred to as the “User“) regarding the downloading and use of My Gym Lab website and applications, premises, equipment and related services provided by the Agreement (collectively referred to as the “Services”).
1. GENERAL
1.1 CONSIDERATION
1.1.1. In consideration of the Company allowing the User to use its Services, the User agrees to the terms and conditions of this Agreement. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
1.2. MODIFICATION
1.2.1. At any time and without User’s consent, the Company may unilaterally amend, modify, or change this Agreement in its sole discretion and without any notice or cause. By continuing to use the Website after any amendment, modification, or change, you have agreed to be bound by all such amendments, modifications, and changes. Therefore, please carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes.
1.3 EQUIPMENT
1.3.1. All of the foregoing equipment provided by MGL, in whole or part, shall be referred to as “Equipment”.
1.3.2. All of the Services, Equipment and premises provided by My Gym Lab, in whole or part, shall be referred to collectively as “MGL”.
1.4. HOW IT WORKS
1.4.1. User shall create an online membership from MGL’s website or smart phone application.
1.4.2. Upon creation of a membership account, User can reserve a timeslot to utilise MGL.
1.4.3. User will need to review and accept the full terms of this Agreement. User further acknowledges and agrees that:
(i). User shall agree to use MGL responsibly when reserved under his/her account;
(ii). User shall be responsible for ensuring that any individual operating or using MGL reserved under his/her account shall read and comply with this Agreement;
(iii). Before using MGL, User’s must check the Equipment. If there is something faulty with the Equipment, file a report immediately. Otherwise, User shall take responsibility for MGL. During User’s reserved timeslot, he/she should keep away from malicious destruction.
(iv). User is completely responsible and liable for deliberate damages to MGL during the timeslot he/she has reserved.
(v). For User’s safety, once an equipment is damaged, he/she should stop usage and report it. MGL will make it a priority to repair it as soon as possible.
1.4.4. User’s reservation timeslot begins when the User books a timeslot via the mobile app. Upon end of the reservation timeslot, the User is to ensure the Equipment are safely returned to its original position and exit MGL. Additional fees will apply if the Equipment are not safely returned to its original position.
1.5. Rules
1.5.1. MGL reserves the right to suspend any account due to user misconduct and/or breaking of rules.
1.5.2. Rules includes, but is not limited to those found here.
1.5.3. Misconduct includes, but is not limited to:
Inappropriate behaviors will not be tolerated. Actions include and not limited to
Harassment of other users
Vandalism
Stealing of property
Tampering of any MGL property – equipment, door, cctv etc
Failure to follow max capacity rule
Overstaying after session is done
1.6. SUSPENSION
1.6.1. These rules are in place to keep our community and the Labs safe. If found guilty, your account may be suspended as such:
(i). First time offense: suspended for 2 weeks (affected sessions may be rescheduled to a later date)
(ii). Second time offense: suspended for 4 weeks (any affected sessions are subject to forfeiture without refund)
(iii). Third time offense: subject to lifetime ban
2. SERVICES
2.1. REGISTRATION
2.1.1. Before using MGL, User should download MGL App or visit www.mygymlab.com, and register a user account. When registering, User should provide your personal information with his/her phone number and other necessary information for the proper usage of the MGL App. After successful registration, the Company will provide User with a personal account (“MGL Account”), which means that User has consented to and authorize the Company to use his/her personal information for the purpose of providing User with the services, MGL promotional materials and third party product advertising.
2.2. LICENSE
2.2.1. Subject to User’s compliance with the terms of this Agreement, MGL will grant the User a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to
(i) access and use the Applications on your personal device solely in connection with his/her use of the Services; and
(ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for his/her personal, non-commercial use. Any rights not expressly granted herein are reserved by the Company’s licensors.
2.3. OWNERSHIP
2.3.1. The Services and all rights therein are and shall remain the Company’s property or the property of the Company’s licensors. Neither these terms nor User’s use of the Services convey or grant to User any rights:
(i). In or related to the Services except for the limited license granted above; or
(ii). To use or reference in any manner the Company’s company names, logos, product and service names, trademarks or services marks or those of the Company’s licensors.
2.4. USER REQUIREMENTS AND CONDUCT
2.4.1. The Services are not available for use by persons under the age of 14. User shall not authorize third parties to use his/her account, and shall not allow persons under the age of 14 to use MGL unless they are accompanied by him/her. User may not assign or otherwise transfer his/her account to any other person or entity. User agrees to comply with all applicable laws when using the Services, and User may only use the Services for lawful purposes (e.g. no unlawful use of the premises). User will not in his/her use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the third party provider or any other party. In certain instances, User may be asked to provide proof of identity to access or use the Services, and User agrees that he/she may be denied access to or use of the Services if he/she refuses to provide proof of identity.
2.5. NOTIFICATION OF PROMOTIONS
2.5.1. By creating an Account, User agrees that the Company may send you informational content via MGL app, (SMS) messages, electronic direct mailers (EDM) as part of the normal business operation of his/her use of the services and promotional tie-ups.
2.6. NETWORK ACCESS AND DEVICES
2.6.1. User is responsible for obtaining the data network access necessary to use the Services. User’s mobile network’s data and messaging rates and fees may apply if he/she accesses or uses the Services from a wireless-enabled device. User is responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. The Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
2.7. MAINTENANCE
2.7.1. The Company is responsible for the daily running, maintenance and repair of MGL. It does not mean that the Company has the obligation to ensure that all Equipment are in a trouble-free condition in real time. The User should confirm the integrity of the components, efficiency, and familiarize with the performance of Equipment and safety devices before using MGL.
2.7.2. If User finds that the Equipment is malfunctioning, he/she shall stop using the affected Equipment, and notify MGL about the problem. If User disregards the malfunctioning equipment and continue to use it, the User should take responsibility for it.
3. PAYMENT
3.1. CHARGES
3.1.1. User understands that the use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). Upon reservation of a timeslot of MGL, MGL will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider’s limited payment collection agent.
3.1.2. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law.
3.2. COST
3.2.1. Once a reservation of timeslot has been made, User shall pay for the cost of using MGL. There might be a different price for different variations of MGL and that in different countries. User will be able to view the price of MGL before reserving.
3.2.2. The balance in the User’s e-wallet can be used to pay the reservation cost. It has an expiration date of two month, and cannot be refunded, converted or donated to others. We will inform you of each charge.
3.2.3. Users Lab Subscription is by a recurring month format with the ability to cancel at anytime. MGL reserves the right to change the subscription rate and its offerings at any given time with ample notice.
4. RESTRICTIONS AND OTHER TERMS AND CONDITIONS OF MGL
4.1. REPRESENTATIONS AND WARRANTIES
4.1.1. As a condition precedent to the Company’s agreement to allow User to enjoy the use of MGL, the User represents and warrants to MGL that:
(i). User meets the minimum age requirements:
a). Is at least 14 years of age and not older than 60 years old .
b). User is experienced and familiar with the safe and competent operation of the Equipment, and that he/she is medically, physically and mentally fit to use them.
(ii) User is familiar with all applicable local rules, regulations, codes and laws that relate to the safe and legal operation of the Equipment.
4.2. ACKNOWLEDGEMENTS AND AGREEMENTS
4.2.1. As a condition precedent to the Company’s agreement to allow User to enjoy the use of MGL, the User acknowledges and agrees as follows:
(i). User is capable of operating and using the Equipment and is not relying on the Company to learn how to operate or use the Equipment.
(ii). User is solely responsible for operating and using the Equipment in a safe, careful and reasonably competent manner.
(iii). All Equipment are and shall remain the exclusive property of the Company at all times.
(iv). The Company is not obligated to provide insurance of any kind related to User or User’s use of the Equipment, and in the event that the Company, at its option, carries insurance, User shall remain liable for any liability, property damage, personal injury, injury to others, damages, penalties, fines, losses, and/or expenses of any kind whatsoever.
(v). If User causes damage to property or injury to another party while operating or in use of MGL, User is solely liable for such damage or injury.
(vi). User shall return MGL to the Company in the same condition as when received.
(vii). User is liable for any and all damages resulting from improper use or abuse of MGL and the cost of such damages.
(viii). The Company provides MGL as a convenience, and such Services are intended to be used only by those persons who are able and qualified to operate the Equipment on their own and who have agreed to all terms and conditions of this Agreement.
4.3 REQUIREMENTS
4.3.1. As a condition precedent to the Company’s agreement to allow User to enjoy the use of MGL, User shall do the following (“Use Requirements”):
(i). Carefully inspect the Equipment prior to use to ensure it is good operating condition;
(ii). Test the Equipment’s operating components before proceeding with the intended use;
(iii). Promptly notify MGL’s customer service of any defect, malfunction or needed repair to the Equipment; and
(iv). Contact MGL and local Police immediately in the event of theft of the Equipment or an accident that occurred during User’s use of the Equipment resulting in bodily injury.
4.4. RESTRICTED USES
4.4.1. User shall not do any of the following acts (“Restricted Uses”):
(i). Use any Equipment if User is younger than 14 years of age, or older than 60 years of age.
(ii). Use any Equipment if User has any existing physical or mental condition that would prohibit User from safely operating the Equipment.
(iii). Operate any Equipment while under the influence of alcohol, drugs, or any other substance that would impair User’s ability to safely operate it.
(iv). Violate any applicable federal, state, or local law.
(v). Operate an Equipment that has any defect, fails to operate as a properly functioning Equipment, or that is in need of repair.
(vi). Continue using the Equipment if it, or any component of it, should become defective or malfunction.
(vii). Use MGL for any commercial purposes.
(viii). Remove or modify any accessories, parts or components of MGL.
(ix). Remaining after reservation timeslots in MGL without paying applicable user fees.
5. SERVICE LIMITATIONS
User acknowledges and agrees that from and after the date that MGL makes unmanned gyms available to the public for use, MGL may suspend all or part of its unmanned gym program at any time, may relocate the unmanned gyms, reduce the number of unmanned gyms available and otherwise operate its unmanned gym program in its sole discretion. User shall not be entitled to a refund of any fees for unused period. MFS does not represent or warrant that MGL will be available for usage at any locations at any time.
6. RELEASE AND LIMITATION OF LIABILITY
6.1. For and in consideration of usage of MGL, for itself and on behalf of MGL heirs, executors, administrators and assigns, forever releases and relinquishes and discharges
(i). MGL and it’s officers, boards and commissions, members, managers, employees, suppliers, agents, representatives,
(ii). Any municipality with which MGL has contracted with to provide a unmanned gym program, and
(iii). Any owner of property with which city has contracted with to provide real property on which a unmanned gym facility, including, without limitation, container gyms, or retail gyms, intended for gym use (all, collectively, the “MGL parties”) from any and all claims, demands, disputes, losses, liabilities, debts, liens, charges, penalties, proceedings, causes of action and damages including for personal injury, wrongful death, property damage, and injury to user or to third parties (collectively, “claims”), including unknown or unanticipated claims, which arise from or are related directly or indirectly to this agreement or the rental, maintenance, design, use and/or operation of MGL equipment, including the unmanned gyms, or MGL website, including any and all claims related to the sole or partial negligence of MGL , MGL parties or any other party. User hereby expressly waives any claims against MGL parties which user does not know or suspect to exist in his or her favor at the time of booking MGL services, and expressly waives user’s rights under any statutes that purport to preserve user’s unknown claims.
6.2. In no event will user claim that MGL parties individually or collectively did not adequately train user, or provide user with adequate instructions necessary, to operate MGL in the same manner as a person who is an experienced gym user who has been trained to operate gym equipment in a safe and careful manner.
7. ASSUMPTIONS OF RISKS; DISCLAIMER.
User expressly acknowledges and accepts that user’s usage of MGL is at his/her own risk. User accepts the Equipment for use after exercising his/her own free choice to participate voluntarily in this activity and after having inspected the Equipment and certifying that is in good operating condition. User understands that exercising in the gym may be a hazardous activity. User acknowledges, understands and assumes all risk relating to the usage, maintenance, design, use and/or operation of the MGL, including the Equipment, and MGL website and understands that exercising involves risk to the User and others including damages, bodily injury, partial or total disability, paralysis and death to User or others, and that User has full knowledge of said risks and dangers, including such risks, damages and injuries that may arise from the negligence of others or as a result of roadway conditions. All Equipment and other MGL properties are provided “as is” and without any warranty of any kind, whether express or implied, written or oral, including, without limitation, any warranty of merchantability, quality or fitness for a particular purpose. MGL and MGL parties hereby disclaim any claim in tort (including negligence, product liability or strict liability).
8. DISPUTE RESOLUTION
User agrees that MGL, at its sole discretion, may submit any disputes whatsoever arising out of, resulting from, and/or relating to this Agreement, User’s use of MGL’s Equipment, including, without limitation, gym equipment, and/or MGL website, to competent court in Singapore. And this Agreement shall be governed by the laws of Singapore without regard to conflicts of law provisions.
9. INDEMNIFICATION
User shall indemnify, defend and hold harmless MGL for, from and against any and all Claims related to or arising out of this Agreement, including, but not limited to User’s breach of any representations, warranties or covenants set forth in this Agreement, and the rental, maintenance, design, use or operation of the Equipment, the properties, and/or MGL website, even where caused in whole or in part by MGL’s negligence, and/or the negligence of others, whether presently known or unknown. At MGL’s option, User will assume control of the defense and settlement of any Claim subject to indemnification by User (provided that, in such event, MGL may at any time elect to take over control of the defense and settlement of any such Claim). In no event may User settle any Claim without MGL’s prior written consent.
10. ASSIGNMENT
MGL may assign its rights and duties under this Agreement to any party at any time without notice to User.
11. NO WAIVER
MGL’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any part of this Agreement. No waiver by MGL shall be construed as a waiver of any proceeding or succeeding breach of any provision in this Agreement.
12. TERMINATION OF AGREEMENT
MGL may terminate this Agreement at any time, without cause, legal process, or notice to the User and User’s use of the Equipment is “at the will” of MGL. User waives all claims, causes of actions, expenses, and/or damages connected and/or related to any such termination. User shall not be entitled to a refund of any amount paid for unused timeslots if this Agreement is terminated for cause. User may terminate User’s unused timeslots at any time; provided, however, that no refund will be provided by MGL for time already used by User.
13. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the Agreement shall remain in full force and effect.
14. SURVIVAL
All provisions of this Agreement relating to limitation and exclusion of liability, waivers, assumption of risk, warranties and indemnification obligations shall survive the termination of this Agreement, and all amounts unpaid at the time of termination or expiration of this Agreement shall remain due and payable.
15. Privacy & Personal Data
15.1 MGL collects a Member’s personal data in accordance with the Singapore’s Personal Data Protection Act 2012 (“PDPA”) for the following purposes:
(i). Provision of MGL services, including the administration of Membership and inquiry;
(ii). Security monitoring;
(iii). Marketing purposes;
(iv). Any other purposes which MGL notifies the Member of at the time of obtaining his/her consent.
15.2 Personal data of Members will not be disclosed to third parties without prior consent of the consent. However, the disclosure of personal data to third parties without first obtaining consent, includes, without limitation, the following non-exhaustive cases:
(i). Cases in which disclosure is required or authorized based on applicable laws and/or regulations, including any investigation or proceedings;
(ii). Cases in which disclosure is necessary to respond to an emergency that threatens the life, health or safety of the Member or other individual(s);
(iii). Where disclosure of personal data without consent is permitted by the PDPA or by law.
15.3 MGL will put in place reasonable arrangements to ensure that Members’ personal data are adequately protected and secured against unauthorized access and usage.
15.4 True, accurate and complete personal information and supporting documents are required to be provided by the applicant upon Membership and/or MGL Personal Training Services application. MGL and the Management reserves the right to verify any personal information / supporting documents.
15.5 By submitting the personal data required for a Membership/Personal Training services application, the Applicant or his/her authorized representative undertake and warrant that he/she has the authority to provide personal data MGL and consent to the collection, use, and disclosure of the personal data provided for purposes stated by MGL. I hereby grant MGL permission to use my image, voice, performance and comments for use in any of its programs or publications in conventional and electronic media, including but not limited to print, promotional matter, the internet, social media, video and future media, with or without use of my name. My agreement to appear and/ or perform is voluntary, and I hereby waive all personal claims, causes of action, liabilities or damages against MGL and its employees and designees, arising from or in connection with my performance or appearance in the above mentioned.
15.6 Generally, we collect personal data during account sign up with information such as Primary account, Name, Email, mobile phone number and device location.
We only use and disclose your Personal Data for the following purpose:
(a) responding to your queries and requests;
(b) processing your instructions including processing your purchases or signups for services;
(c) verification of identity;
(d) communicating with you;
(e) resolving complaints and handling requests and enquiries;
(f) We used device location to detect nearby Gym venue;
(e) We use your Primary Account/ Device Id for push notifications such as booking reminders, and MGL’s latest information.
Your Personal Data may be disclosed to the following:
(a) The organization;
(b) Agents or third-party service providers who provide operational services to MGL, such as information technology, payment, payroll, processing, storage, archival or other services to MGL.
(c) external banks, credit card companies and their respective service providers;
(d) our professional advisers such as financial advisors, auditors and lawyers;
(e) relevant government regulators, statutory boards or authorities or law enforcement agencies to comply with any laws, rules, guidelines and regulations or schemes imposed by any governmental authority;
(f) counterparties, billing organisations and their respective banks in relation to fund transfers and payments; and
(g) any other party to whom you authorise us to disclose your Personal Data.
16. THIRD PARTY INTERACTIONS
During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, the Software and/or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any applications or sites on the Internet that are linked through the Service, the Application and/or the Software, and in no event, shall the Company, its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Service to you pursuant to the Terms of Use. You recognize, however, that certain third party providers of transportation, goods and/or services may require your agreement to additional or different Terms of Use prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers.
The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. You agree and allow the Company to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party transportation provider, other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.
17. ABOUT US
The www.mygymlab.com website is owned by My Fitness Spot Pte Ltd. who are taking the full responsibility for all the Singapore transactions from the website.
18. GOVERN LAW
My Fitness Spot Pte. Ltd are the owners of this website. For SG Users, My Fitness Spot Pte. Ltd Is the contractual party. Our Terms of Use are governed by Singapore law under the jurisdiction of Singapore courts.
19. PROTECTION FOR OUR PRODUCT
No authorised agents/ third parties including members of the public should work on the modification, reproduction, distribution, transmission, public display, exhibition, broadcast, reproduction, translation, publication, authorisation, creation of derivative products, transfer, sale, reverse engineering, and decompilation that occurs fromits related progra mmes. MGL is entitled to pursue all liability and compensation for any of the above acts, and not limited to attempt to extract source code, obtain raw data from MGL products or services and/ or any part of them.
20. CUSTOMER SUPPORT
If you encounter any problem using MGL, you can report it with the web or mobile application. You can contact us in these ways: [email protected]
