Membership Terms & Conditions
Last Updated: 1st September 2017
In MOTUS, we believe that Terms and Conditions should be in plain English, which should project clarity and conduct of business at its best to all walks of life.
MOTUS (in this instance referring to the mobile and/or web application and platform in general developed and owned by Motus Sdn Bhd) is a platform to purchase a membership of choice with a specific amount of credits, which enables the member to participate in / use a certain number of sessions of programmes, as offered by MOTUS's partnering gyms. Every session booked will consume a specific number of credits from the purchased membership. Each membership will have a finite validity. Specifically, these are the terms and conditions in detail:
2. Basic Definitions
This Membership Agreement (the "Agreement"), when submitted by the you (the "Member”) through the 'click' or 'tap' on the "AGREE” button of the application be it in mobile or web, and accepted by Motus Sdn. Bhd. Company Reg. No. 1228011-M (referred from here on as "MOTUS"), constitutes a binding contract between MOTUS and the individual executing this Agreement. Membership rights, privileges and obligations commence when the Agreement is executed by both parties (the "Effective Date"). This Agreement will be terminated after the expiration of the Membership.
2.2 Partner Gyms, Programmes and Sessions
The programmes listed through the MOTUS mobile or web Application if offered by MOTUS's partner gym(s). A partner gym could offer many programmes and each programme will have several sessions, where each session is to be conducted on a specific day and time, with a specific duration. The information is available through the MOTUS mobile web application.
MOTUS does not own or operate any partner gym(s) and therefore, has neither rights nor authority to the programmes, schedules, conduct, operations, trainers and other offerings of the partner gym(s).
3.1 Membership Content
A membership, when purchased, entitles the member to own a specific amount of credits, (depending on the membership package/offer purchased), which can be used to book sessions of programmes listed by the partner gym(s).
3.2 Purchase of Membership
All payments made for the purchase of membership is final and there is no negotiation, pro-rated, compensation and/or refund under any circumstances.
3.3 Membership Price
The membership prices and offerings are as displayed on the mobile or web application, with the appropriate sales tax (e.g. GST), where applicable and is final at the moment of purchase.
MOTUS will give its best of effort to maintain pricing stability of the membership. In the event of any price re-structuring, notice will only be given to members with active/non-expired membership that has "Auto-Renew” enabled.
3.4 Membership Duration
All membership duration is defaulted to one (1) calendar month, if not otherwise specified. In circumstance of membership with the duration of one (1) month: if a membership begins on the thirty-one (31) of the month and the next month's end date does not consist of date thirty-one (31), the expiration date for such will be the end date of next month minus one (1) day.
3.6 Membership Expiration
After the membership expiration date the membership will be rendered as ineffective. If "Auto-Renew” (refer to clause 5.2) is enabled, a new membership will be automatically purchased. Every membership of a specific duration is atomic and isolated.
3.5 Usage of Credits
The credits with the membership can only be used for sessions of programmes listed through MOTUS. Credits are not allowed to be exchanged for any form of money. Any credits if not used will be forfeited without prejudice after the expiration of the membership.
3.6 Membership Termination
Membership will be automatically terminated after the expiration date. There shall be no termination of membership within the effective period of the membership.
4. Bookings and Participation
4.1 Session Booking
Every participation by a member in the programmes offered by the partner gym will require a specific amount of credit(s) from the membership to book. Each booking will stipulate the deduction of the required credits from the membership. Booking is not allowed if the remaining credit(s) in the membership is lower than the required credit(s) of the programme sessions.
4.2 Session Booking Time
All bookings should be made before the booking cut-off time of a session. For example, if a session is to be on 25 Jan 2017 at 6 pm and the booking cut-off time is 25 January 2017 12 am, bookings will only be accepted any time up until 24 January 2017 11:59 pm.
The booking cut-off time of any session is decided by and at the sole discretion of the partner gym(s)'s management.
4.3 Session Cancellation by Member
Cancellation of a booked session is only allowed if the cancellation is performed before the stipulated cut-off time stated in the programme session specification. For example, if a session is to be conducted on 25 Jan 2017 at 6 pm and cancellation is only allowed at any time before 25 Jan 2017 5 pm, no cancellation request will be accepted on and after 25 January 2017 5 pm.
Any cancellation of sessions by the member before the stipulated cancellation cut-off time will be automatically accepted and the credit(s) used for the booking will be refunded to the active member's total number of credits.
The cancellation cut-off time of any session is set by and at the sole discretion of the partner gym(s)'s management.
4.4 Session Cancellation by Partner Gym
When a partner gym decides to cancel a session of a programme, any booking(s) made by member(s) will be cancelled and credit(s) used from the membership for the booking will be refunded to the active member(s)'s total number of credits.
4.5 Penalty for Absentee
If a member booked a session of a programme and is absent on the date and time of the session, one (1) credit will be deducted from the membership if there is any remaining credit available in the membership without prejudice.
5. Purchase, Payment and Billing Related
5.1 Credit Card Data Handling
Credit card data is only used for membership purchase payment, upon authorisation by the member through the MOTUS mobile or web application, upon membership purchase through a secure connection (e.g. https). All credit card data is stored in a secure/highly encrypted manner in the equipment/systems used and operated by MOTUS and/or the merchant bank.
All credit card data is collected in a highly confidential manner and is only accessed for payment processing. At such, exposure is kept limited to authorised automated payment processing systems, only.
No MOTUS partner gym(s) or other entities affiliated with MOTUS is allowed to access the credit card data, except for the payment processing bank where MOTUS has a merchant account with.
5.2 Membership Auto-Renewal
Membership Auto-Renewal is an act of re-purchasing a membership after the previous membership expires. Membership Auto-Renewal is an option that is decided by the member and can be enabled/toggled through the MOTUS mobile or web application. The member who chooses to enable Membership Auto-Renewal is responsible for selecting his/her the next Membership package/offering.
For example: If the membership expires on 5 January 2017 and if the Auto-Renew option is enabled, MOTUS will automatically make a purchase of the membership on 6 January 2017 at/or around 12 am.
5.3 Credit Card Sharing
We understand that some members may want to share a common credit card for to purchase one or more memberships. For security concerns, we have limited a single one credit card to be used by two (2) members / memberships.
5.4 Credit Card Bad-Tries and Declined
In the scenario that a member's credit card issuer or network does not honour an online payment transaction from MOTUS, MOTUS will automatically re-issue one more payment request on the next working day after the day of the failed transaction. MOTUS will put in a maximum of two (2) credit card transaction requests, after which the credit card will be deemed "inactive” by the system.
MOTUS will terminate any or all services associated with that credit card. The membership / future bookings will only be reactivated after a successful credit card charge for the membership.
6. Members' Data and Privacy
6.1 Email, Profile Picture, Social Media and Other Personal information
Personal data is collected from two (2) sources:
- Passive - User Interaction with the MOTUS mobile or web application (including tap/clicks, screen/page views;
- Active - Data submitted by the user/member through the MOTUS mobile or web application when the user registers, makes payment for membership purchases, bookings, ratings and reviews;
All user(s) and/or member(s)'s data collected through the usage of the MOTUS mobile or web application is for the following purpose:
- Identity Verification - for both MOTUS and the partner gym(s), to ensure the rightness of representation and attendance of the member for any session(s) booked;
- Contact and Address – to contact the family or any related person in the event of an emergency, accident and/or any physical failure;
- Payment Processing - for the purchase of a membership, which is to be processed by MOTUS and the registered merchant bank;
- Notification – for MOTUS to prompt notification messages or registration, payments, bookings/cancellations and other member(s) or partner gym(s)'s activity deemed important to be notified, not limited to channels such as email and mobile push notification;
- Marketing, Advertising and Promotion – for MOTUS to promote future services, enhancements and other beneficial promotions to the user(s)/member(s);
- Analysis and Service Improvements – data collected through user interaction with the MOTUS mobile or web application will be used to further understand and for future optimisation to improve the effectiveness and performance of the partner gyms', programmes, session schedules, presentation and membership pricing.
6.2 Data Privacy and MOTUS Pledge
The security of personal data about you is MOTUS's priority, it is our commitment to ensure that your personal data (such as email address, identity data, social media account, address and other contact data) is not exposed, shared or sold for gain – be it in the form of monetary exchange, gifts or other mutual benefit, without your consent.
7. Member's Conduct
7.1 General Conduct and Moral
All of MOTUS' partner GYMs have their respective rules and code of conduct. Please refer to the GYMs management for more information on this subject. Nevertheless, you are require to observe the below general code of conduct at all times during your session with any of the partner GYMs:
- be punctual on the date and time of your booked program session;
- [lease observe personal hygiene, please bring along your personal sweat towel and deodorizer if needed;
- always put back the equipment to where it belongs if necessary;
- respect each other's space and be considerate;
- be concern of the safety of yourself and others;
- no phone calls or messaging during the session. However, restricted photo taking are allow by some partner GYMs (please refer to the partner GYM's management for more information);
- member(s) are refrain from bringing children to the partner GYM(s). Alternative childcare must be arranged.
7.2 Being Late
All partner GYMs reserve the rights to stop any member(s) who are late for the program session from entering the GYM and/or studio. Please refer to the partner GYM(s)' management for more information on this subject.
7.3 Rating and Review Comments
All member(s) are free to rate and to comment on the session (only if the member is marked as attended for the program session) through the MOTUS mobile and/or web application. However, MOTUS has the rights to delete any comments that contains the following elements:
- racist and/or sexist remarks, slur or anything that provokes, escalates disturbance and tension;
- foul and/or offensive language(s);
- comment(s) that directly or indirectly indicates the intension to sabotage;
8. Limitation of Liability and Indemnification
MOTUS operates a complex integration of electronic, network, cloud and computing and other services leveraging on services provided by third-party service providers and data centres. We endeavour to ensure that the mobile and web application is always connected, operative, accessible 7 days a week, 24 hours a day.
However, there might be circumstances where access to our mobile/web application is not accessible, including but not limited to:
- network, software service inconsistency and uptime disruption;
- email and/or notification error/misfire;
- mobile and/or web application performance;
- payment processing disruption;
- mobile app host (e.g. Apple AppStore, Google Play) disruption;
8.1 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CREATIVE COMMONS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF CREATIVE COMMONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CREATIVE COMMONS IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
To the fullest extent permitted by applicable law, in no event will MOTUS, its officers, directors, employees, agents, and all third party service providers, be liable to the user(s)/member(s) or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from,
- the accuracy, completeness, or content of the MOTUS mobile and/or web application, web sites and other electronic deliverable content;
- the services found on MOTUS mobile and/or web application;
- personal injury or property damage of any nature whatsoever;
- third-party conduct of any nature whatsoever;
- any unauthorised access (hacking) to or use of our servers and/or any content, personal information, financial information or other information and data stored therein;
- any interruption or cessation of services to or from the MOTUS mobile and/or web application;
- any user profile picture, rating, reviews and/or any other published content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, "x-rated", obscene or otherwise objectionable, and/or;
- any loss or damage of any kind incurred resulting from the user(s)/member(s) use of MOTUS or the services found in the MOTUS mobile and/or web application, programmes conducted by the partner gym(s), whether based on warranty, contract, tort, or any other legal or equitable theory, and whether MOTUS is advised of the possibility of such damages.
In addition, the user(s)/member(s) specifically acknowledge(s) and agree(s) that in no event shall MOTUS's total aggregate liability exceed RM5,000 Ringgit Malaysia.
The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or the use of MOTUS or the services offered by MOTUS.
The user(s)/member(s) agrees to protect, defend, indemnify and hold harmless MOTUS and its officers, directors, employees, agents, and third party service providers from, and against, all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable legal fees) imposed upon or incurred by MOTUS directly or indirectly arising from:
- user(s) and/or member(s) use of and access to MOTUS' mobile and/or web application(s);
- user(s) and/or member(s) violation of any provision of this agreement or the policies or agreements which are incorporated herein; and/or
- your violation of any third-party right, including without limitation any intellectual property or other proprietary right. the indemnification obligations under this section shall survive any termination or expiration of this agreement the use of the MOTUS mobile and/or web application.