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42one95 Registration :: Application developed by Banana Software Co., Ltd.
by recognizing the importance of exercise. And in order to support the exercise for the users to be healthy, and see the importance of regular exercise according to the government's exercise support policy and various departments. The company has developed this application to create activities. Build a good relationship with the exercise of the users.

42one95 Registration needs to know basic personal information such as first name, last name, email, telephone number, weight, height, etc. as necessary for exercise analysis. Including the rating of each exercise. However, user's information will be kept only for this application. We do not sell, trade, or rent users personal identification information to others., or given to other people or organizations. Except for the application part or other companies under the management and development of Banana Software Company Limited only and not for business benefits or revenue generation, selling any information this will violate the privacy of users of the 42one95 Registration application.

 

Term & Conditions

1. INTRODUCTION 

1.1 Please read these terms of use (“Terms”) carefully before accessing and/or using the Platform and/or Service. These Terms govern your rights and obligations regarding the access for registration and/or use of 42one95 Registration’s website, mobile application or any Internet service (including any associated software supplied by 42one95 Registration) (collectively referred to as “Platform”) under 42one95 Registration’s control or ownership. These Terms constitute a legally binding agreement between 42one95 Registration (including all its subsidiaries, related and/or associated companies) (these entities are collectively referred to as “42one95 Registration”, “we”, “us” or “our”), the proprietor of all rights in and to the Platform and/or Service, and you, the user of the Platform and/or Service.

1.2 42one95 Registration is an online platform that provides access to plan and book a variety of fitness and wellness activities at participating outlets (offline race) and online Virtual Runs (collectively referred to as “Virtual Run”)

1.3 42one95 Registration is an online platform that provides access to plan and book a variety of fitness and wellness activities at participating outlets (offline race) and online Virtual Runs (collectively referred to as “Virtual Run”) is a technology company that provides the Platform and/or Service but not the Activities. The Service enables 42one95 Registration members to reserve and join Activities offered by the 42one95 Registration & respective Partners. It is up to the Partners to offer their Activities to 42one95 Registration members and it is up to 42one95 Registration members to accept such Activities. The Platform and/or Service provided by 42one95 Registration is to connect 42one95 Registration members with such Partners but it does not nor is it intended to provide any of the Activities or any act that can be construed in any way as an act of providing the Activities.

1.4 By accessing, browsing, downloading and/or using the Platform and/or Service, you acknowledge that you agree to comply with and be bound by these Terms. If you disagree with any part of these Terms, you may discontinue your access and/or use of the Platform and/or Service.

1.5 We may revise or update these Terms at any time by posting a revised/an updated version on the Platform. Unless stated otherwise, any revision or update takes effect immediately. Your continued access and/or use of the Platform and/or Service after a revision or update to these Terms constitutes your binding acceptance of the revised or updated Terms.

1.6 We may change or update the Platform and/or Service and any information on the Platform and/or Service at any time without notice to you or liability to us. We may also suspend, discontinue, or restrict access to, the Platform and/or Service temporarily or permanently at any time without notice to you or liability to us.

1.7 Headings are inserted for convenience and shall not affect the interpretation of these Terms.

 

2. YOUR OBLIGATIONS 

2.1 You are solely responsible for your own internet connection/telecommunication charges incurred for accessing and connecting to the Platform. 

2.2 You may access and view the Platform and may save an electronic copy or print out a copy of the materials from the Platform, solely for your own personal and non-commercial use. All copies that you make must be in the form as presented on the Platform and must include all applicable copyright and other notices on the Platform. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or for any commercial use.

2.3 You must always comply with any instructions for use of the Platform and/or Service which we make from time to time.

2.4 You must keep your username and/or login password secure and:

1. not permit any other person to use your username and/or login password, including not disclosing or providing it to any other person; and
2. immediately notify us if you become aware of any unauthorized use or disclosure of your username and/or login password, by sending an email to [email protected]

2.5 You must not:

1. Act in a way, or use or introduce anything (including any virus, worm, Trojan horse, time bomb, keystroke logger, spyware or other similar feature) that may compromise, damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, network, data or personal data stored on the Platform;
   
2. Use the Platform in any manner that could damage, disable, overburden or impair any of our server, or the networks connected to our server, or interfere with any other party’s access and use of the Platform;
   
3. Attempt to gain unauthorized access to the Platform, other 42one95 Registration members’ Accounts, computer systems or networks connected to our server, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
   
4. Obtain, or attempt to obtain, any information through any means not intentionally made available on or through the Platform;
   
5. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform;
6. License, sub-license, sell, re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;
   
7. Modify or create a derivative work based on the materials on the Platform, nor decompile, decipher, reverse-engineer or disassemble or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform in order to build a competitive product or service; build a product using similar ideas, features, functions or graphics of the Platform; or copy any ideas, features, functions or graphics of the Platform;
   
8. Link to, mirror or frame any portion of the Platform;
9. Cause or launch any programs or scripts for scraping, indexing, surveying, or otherwise data mining any portion of the Platform;
   
10. Intentionally or unintentionally cause or attempt to cause physical or property damage or harm to any 42one95 Registration members or Partners; and/or
     
11. Permit third parties (including other 42one95 Registration members) to use any Activities reserved under your own subscription plan, unless such Activities are reserved for a child’s use, in which case, the child must be accompanied or supervised by you when he/she uses the Activities.
    

2.6 You hereby agree to indemnify and hold us, our affiliates, and each of our and their respective directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives harmless against all losses, damages, claims, liabilities, expenses or costs that arise from or in connection with:
Your access and/or use of the Platform and/or Service;

1. Your breach of any of these Terms or any applicable law or regulation;
   
   
2. Any other party's access and/or use of the Platform and/or Service using
   
   
3. Any other party's breach of any of these Terms where such party was able to access and/or use the Platform and/or Service using your username and/or login password.

2.7 Any rights relating to the use of the Platform and/or Service not expressly granted herein are reserved and no license or right is granted to you by implication, estoppel or otherwise.

 

3. CONTENT AND USE OF MESSAGING

3.1 In order to operate and provide our services through our Platform, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Platform. The rights you grant in this license are for the limited purpose of operating and providing our services (such as to allow us to display your profile picture and status message, and transmit your messages).

3.2 The Platform may allow you to participate in private chat rooms and to utilize messaging features to communicate with other users of the Platform. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Platform, solely for your personal, non-commercial use.

3.3 Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you is “Your Content.” You represent and warrant that Your Content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without the Company incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of Your Content is your sole responsibility and the Company is not responsible for any material that you upload, post, or otherwise make available.

3.4 We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Platform or endorse any opinions expressed via the Platform. You understand that by using the Platform, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings or messages that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may or may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.

3.5 You agree not to use the Platform in order to:

1. Post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise harmful;
   
2. Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;
   
3. Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users' computers;
   
4. Attempt to obtain passwords or other private information from other members
   

3.6 We reserve the right to remove Content that violates the agreement made
in 3.5 and other examples like, copyright or trademark violations, impersonation, unlawful conduct, or harassment.

3.7 These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms & Conditions or improper use of the Platform and to take action including termination of your account and exclusion from further participation in the Platform.

3.8 You acknowledge that we have the rights to view Your Content (including but not limited to Messages). You also acknowledge that we have the right (but not the obligation) in our sole discretion to remove any of Your Content and we reserve the right to change, condense, or delete any of Your Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any of Your Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

 

4. INTELLECTUAL PROPERTY 

4.1 We are the owner (or the licensee, where applicable) of all proprietary and intellectual property rights on the Platform (including all information, data, texts, graphics, visual interfaces, artworks, photographs, logos, icons, sound recordings, videos, look and feel, software programmed, computer code, downloadable files, software applications, medals, interactive features, tools, services) or other information or content made available on or through the Platform.

4.2 We grant you, subject to these Terms, a non-exclusive, non-transferable, non-assignable, personal, limited license to access and use the Platform and/or Service for your own personal and non-commercial use. This license is revocable at any time without notice to you or liability to us. All rights not expressly granted to you are reserved by us.

4.3 The terms “42one95 Registration” and our logo are our trademarks, trade names and service marks. Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the marks “42one95 Registration”, and our logo.

4.4 All other trademarks, trade names, service marks, product names and logos contained herein that are not owned by, licensed to or controlled by us are used in an editorial fashion only, and to the benefit of respective owners, with no intention of trademark infringement.

 

5. DISCLAIMERS

5.1 While we endeavor to ensure that the information and materials on the Platform and/or Service are correct, no representation, warranty or guarantee, express or implied, is given that they are complete, accurate, up-to-date, fit for a purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. The information and materials on the Platform and/or the quality of the Service are provided to you for information purposes only and on an “as is” and “as available” basis without representations, warranties or guarantees of any kind either express or implied.

5.2 Whilst we endeavor to make the Platform available 24 hours a day, we shall not be liable if for any reason the Platform is unavailable for any time or for any period. We make no representation, warranty or guarantee that your access to the Platform will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.

5.3 To the extent permitted by law, we and our licensors hereby disclaim all warranties, express or implied, statutory or otherwise, in respect of the Platform and/or Service and we and our licensors have no liability or responsibility to you or any other person (even if we have been advised as to the possibility) for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with:

1. The Platform and/or Service being unavailable (in whole or in part), interrupted or performing slowly;
   
   
2. Any error in, or omission from, any information made available through the Platform and/or Service;
   
   
3. Any other party's access and/or use of the Platform and/or Service using your username and/or login password;
   
4. Any exposure to malicious software including but not limited to, viruses, computer worms, Trojan horses, spyware or other harmful forms of interference which may damage your computer system, mobile device, software, data or other property or expose you to fraud when you access or use the Platform and/or Service. To avoid doubt, you are responsible for ensuring the process by which you access and use the Platform and/or Service protects you from this; and/or
   
5. Any site linked from the Platform and/or Service. Any link on the Platform and/or Service to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

5.4 We make no representation, warranty or guarantee:

1. That the Platform and/or Service is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Platform and/or Service is not illegal or prohibited, and for your own compliance with applicable local laws;
   
2. That the Platform and/or Service will be compatible with all hardware, software and operating system which you may use;
   
3. About the accuracy, reliability, suitability, completeness or timeliness of the Platform and/or Service or of any information from the Partners, such as class times, locations and descriptions; and/or
4. About the quality, suitability, safety or ability of the Partners’ services.

5.5 We are not responsible nor liable for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, cost or expense, whether in contract, tort (including negligence, injuries or other health or medical problems), that you may suffer or incur as a result of or in connection with the acts.

 

6. EXCLUSION OF LIABILITY

6.1 To the maximum extent permitted by law:

7. Your access and use of the Platform and/or Service is entirely at your own risk; and
   
   
8. We, our respective directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives are not liable or responsible to you or any other person for any direct, indirect or consequential loss (including loss of profit and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with these Terms, the Platform and/or Service, or your access and use of (or inability to access or use) the Platform and/or Service.

 

7. SUSPENSION AND TERMINATION 

7.1 We reserve the right, in our absolute discretion, to monitor all access and use of the Platform and/or Service.

7.2 Without prejudice to any other right or remedy available to us, if we consider that you have breached any of these Terms or we otherwise consider it appropriate, we may immediately, and without notice to you or liability to us, suspend or terminate your Account and access to the Platform and/or Service (or any part of it) without compensation to you and we may block access from a particular Internet protocol address to the Platform and/or Service (or any part of it) in the event of any breach of these Terms. In addition, we reserve the right to seek all remedies available under these Terms, at law and in equity for breach of these Terms.

7.3 On suspension or termination of your Account, you must immediately cease using the Platform and/or Service and must not attempt to gain further access.

 

8. LINKS TO OTHER WEBSITES
 
8.1 Any links provided on the Platform are provided for your convenience only. Should you leave the Platform via such a link, the content that you view in such a linked web page or website owned or operated by third parties is not provided or controlled by us. We have not developed or reviewed and are not responsible for the consequences of your accessing the linked web page or website, and/or the content at those web pages or websites. We make no guarantee, representation or warranty as to, and have no liability for, any content at those websites, including, but not limited to, guarantees, representations and warranties regarding truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any purpose or any representations, warranties or guarantees arising from usage, custom or trade or by operation of law.

8.2 Any such link to other linked web pages or websites on the Platform does not constitute an endorsement, authorization, verification or representation that we are affiliated with the operators or owners of those linked websites, or the contents.

8.3 You agree that your access to and/or use of such linked web pages or websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.

 

9. GENERAL 

9.1 If we need to contact you, we may do so by email or by posting a notice on the Platform. Notice will be deemed given 48 hours after email is sent or notice is posted on the Platform. You agree that this satisfies all legal requirements in relation to written communications.

9.2 These Terms, and any dispute relating to these Terms or the Platform and/or Service, shall be governed by and construed in accordance with the laws of each user’s country without regard to the choice or conflicts of law principles of any jurisdiction. Each party submits to the exclusive jurisdiction of the Courts of the user’s country in relation to any disputes or claims arising out of or in connection with these Terms or the Platform and/or Service.

9.3 These Terms set out everything agreed by the parties relating to your use of the Platform and/or Service and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty, guarantee or agreement relating to the Platform and/or Service that is not expressly set out in these Terms, and no such representation, warranty, guarantee or agreement has any effect from the date you agreed to these Terms.

9.4 You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to: (i) our subsidiary or related/affiliated company; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between you, 42one95 Registration or any Partner because of these Terms or use of the Platform and/or Service.