Last Updated: 13 Nov 2024
This Participation Agreement (“Agreement”) is a legally binding document between Fit Technology PTE. LTD. (FitU), a company registered in Singapore, and any personal trainer or organization of trainers (collectively referred to as “Service Providers” or “Providers”). By creating an account on FitU, Providers agree to comply with the terms outlined here.
1. Definitions
- Platform: Refers to the FitU mobile application, a marketplace for trainers and clients to connect, website at fitu.sg and other services that we may provide from time to time.
- User: Any individual who uses the FitU Platform to find, book, review and interact with Service Providers.
- Service Provider: A personal trainer or organization of trainers listed on the Platform to offer fitness services.
2. Scope of Services
- Listing and Promotion: FitU allows Service Providers to create profiles showcasing their qualifications, services, and availability. FitU will market and promote these profiles to help Providers reach a broader audience.
- Booking Management: Service Providers are required to manage their own bookings through the FitU platform, maintaining accurate availability and ensuring prompt responses to client inquiries.
- Exclusivity: Providers are not restricted from using other platforms but agree not to circumvent FitU for clients sourced through the platform, as described in Section 6.
3. Provider Responsibilities
a. Profile and Service Information
- Providers must ensure that their profile information, including qualifications, certifications, service offerings, pricing, and availability, is accurate and updated regularly.
- Providers must maintain high standards in delivering services as advertised and are responsible for any discrepancies between profile descriptions and actual services provided.
b. Communication and Bookings
- Providers agree to use the FitU platform’s chat feature for all client communications, including scheduling, session management, and client inquiries.
- Providers must respond promptly to inquiries and appointment requests. FitU reserves the right to penalize or suspend providers for failure to engage with client requests in a timely manner.
c. Quality and Conduct Standards
- Providers must maintain professionalism in all interactions with clients and deliver services in a safe, respectful, and non-discriminatory manner.
- FitU reserves the right to monitor and review interactions and session feedback to ensure providers meet platform standards. Providers who receive consistently negative feedback or engage in unprofessional behavior may be subject to penalties or account termination.
4. Payments and Commissions
- Commission Fee: FitU charges a commission on each transaction completed on the platform. This fee will be automatically deducted from each payment processed.
- Payment Processing: FitU collects payments from clients on behalf of Providers and remits the balance (minus commission) to Providers after the session’s completion.
- Disputes and Refunds: In case of payment disputes or client requests for refunds, FitU will mediate and make a final determination based on platform policies and service quality feedback. Providers agree to comply with the resolution issued by FitU.
a. Payment Processing and Third-Party Services
- Stripe Payment Processing: FitU uses Stripe, a third-party payment processor, to facilitate all transactions on the platform. By agreeing to these terms, Service Providers also agree to be bound by Stripe’s Services Agreement, including Stripe’s Connected Account Agreement, and any additional terms required by Stripe.
- Fees and Payouts: All payments collected from clients on behalf of Service Providers are processed through Stripe. Stripe’s transaction fees may apply to each payment, which are deducted automatically before the funds are transferred to the Provider. FitU is not responsible for any additional fees imposed by Stripe.
- Security and Compliance: Stripe manages and secures all payment data. FitU does not store any payment or credit card details on its servers and complies with relevant data protection regulations by relying on Stripe’s secure processing.
- Dispute Resolution: Any disputes related to payment processing or errors due to Stripe should be directed to FitU’s support team, who will coordinate with Stripe to resolve the issue.
- Provider Responsibility: Service Providers are responsible for ensuring that the bank account information provided to Stripe is accurate. FitU is not liable for delays or errors in payouts resulting from incorrect bank information or Stripe’s processing times.
5. Data Handling and Privacy
a. Data Protection Compliance
- FitU and Providers must adhere to Singapore’s Personal Data Protection Act (PDPA) in managing client information. Providers agree to use client data solely for the purpose of providing services and to maintain confidentiality.
b. Use of Personal Data
- Providers authorize FitU to collect, store, and use data provided by or related to the Provider (including photographs, certifications, profile data, session feedback, and communications) for the purpose of enhancing platform services and ensuring compliance with platform standards. The data may also be used for FitU’s marketing campaigns, online promotions, and platform-related advertising.
- Providers acknowledge that user reviews and ratings, which may contain client feedback, will be publicly visible on the Provider’s profile.
c. Option to Withdraw Consent for Marketing Use
Service Providers may withdraw their consent for FitU to use their personal data, including photographs, certifications, and other profile information, for marketing or promotional purposes at any time. To withdraw consent, Providers should submit a written request to FitU at [contact@fitu.sg].
- Effect of Withdrawal: Upon receiving the request, FitU will cease to use the Provider’s data in future marketing campaigns. This withdrawal will not affect the Provider’s ability to continue using the FitU platform and access its features.
- Data Retention: FitU will retain any previously used materials in accordance with its data retention policy and as permitted by Singapore’s PDPA.
6. Non-Circumvention Policy
- Providers agree not to engage in direct transactions or off-platform agreements with clients introduced through FitU. Any attempt to bypass the FitU platform to avoid paying platform fees will result in a penalty of potential suspension or termination of the Provider’s account.
7. Liability and Indemnification
- Service Liability: Providers are solely responsible for the quality, safety, and outcomes of the services they provide. FitU holds no liability for any injury, loss, or damage resulting from services offered by Providers.
- Indemnification: Providers agree to indemnify and hold FitU harmless from any claims, damages, legal costs, or losses arising from their interactions with clients or breaches of this Agreement.
8. Dispute Resolution
- Direct Resolution Between Parties: Users and Service Providers are encouraged to resolve any disputes directly between themselves. FitU recommends that parties make reasonable efforts to communicate and reach a mutual understanding regarding any issues related to services, bookings, or cancellations. This approach applies unless otherwise specified by FitU’s platform policies.
- FitU Mediation: If Users and Service Providers cannot reach a resolution independently, they may contact FitU support [contact@fitu.sg] for informal mediation. FitU will act as a neutral party to facilitate communication and help both parties work toward a resolution, but FitU is not liable for enforcing or dictating outcomes.
- Formal Dispute Resolution: If the dispute remains unresolved following FitU’s informal mediation, either party may pursue mediation or arbitration in Singapore as a final step.
- Governing Law: This Agreement is governed by the laws of Singapore, and any unresolved disputes will be subject to the exclusive jurisdiction of the Singaporean courts.
9. Termination and Suspension
- Termination by Provider: Providers may terminate their participation at any time. However, outstanding obligations or penalties will remain enforceable.
- Termination by FitU: FitU reserves the right to suspend or terminate Provider accounts for policy violations, poor service quality, or circumvention attempts. Termination does not nullify financial obligations incurred during the agreement term.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Singapore. Both parties agree to submit to the exclusive jurisdiction of the Singapore courts for any disputes arising from or relating to this Agreement.
11. Amendments
FitU reserves the right to update or amend this Agreement at any time. Providers will be notified of any substantial changes to the terms, and continued use of the platform following such changes constitutes acceptance of the revised Agreement.
12. Intellectual Property
All content on the FitU Platform, including logos, designs, and text, is the property of FitU. Service Providers are prohibited from reproducing or using FitU’s content for commercial purposes without permission.
For any support or inquiries, please contact us at contact@fitu.sg. By participating FitU, you agree to comply with these Terms.