WINGSFIT TERMS AND CONDITIONS (T&C)

I. OVERVIEW

The WINGSFIT app (hereinafter referred to as the “App”) is made available by C.S GROUP (HK) LTD., a company incorporated in Hong Kong (hereinafter referred to as the “Company”). If using the App, the user (hereinafter referred to as the “Client”) is required to first carefully read as well as fully understand these App related Terms and Conditions (hereinafter referred to as the “WINGSFIT Terms and Conditions”) which are applicable when the Client views/accesses/uses (hereinafter collectively, referred to as “use” or “using”) the App. The Client shall also carefully read and fully understand the Company’s Privacy Policy available at https://wingsfit.com/privacy-policy (hereinafter referred to as the “Privacy Policy”), which is incorporated in these WINGSFIT Terms and Conditions by reference.
By using the App from any computer, computer device, mobile, smartphone or any electronic device, the Client has indicated to the Company that the Client has read, acknowledged and understood as well as fully agreed, to be bound by these WINGSFIT Terms and Conditions, Privacy Policy and/or other App guidelines and policies (guidelines and policies hereinafter collectively referred to as “Other Policies”), irrespective whether the Client registers with or uses the App or creates an account with the Company or not.
If, for any reason, the Client does not agree to these WINGSFIT Terms and Conditions, Privacy Policy and all Other Policies as communicated to the Client when the Client uses the App or does not wish to be bound by them, please do not use the App in any way whatsoever.

II. ABOUT THE APP

The App is proprietary to the Company and constitutes its intellectual property. Any intellectual property relating to any products and/or services offered on or through the App may be proprietary to the Company or its partners and shall constitute the intellectual property of the Company or its partners as the case may be.
The App does not have an in-built tracking system to keep a track of the Client’s steps when the Client does the athletic activities. This service shall be provided by a third party. The Company shall not be liable to the Client or any third party for any and all issues arising out of this service.
Based on the minimum number of points (as mentioned in the App) collected in the Client’s account, the Client can redeem the same either against products and/or services offered on or through the App, whether they are offered by the Company or by its partners. The Client can also use such points to buy the ticket to join in the events which are held on or through the App. Further, the said points can also be used to avail various discount offers that may be made available on or through the App, whether by the Company or by its partners. If there are any specific or additional terms and conditions attached to any such offered products and/or services, then the same will also be applicable and shall form an integral part of these WINGSFIT Terms and Conditions.
The App is provided currently free of cost. The Company may convert the App to a subscription-based model at a future date. However, the Company shall communicate the same to the Client as and when the Company decides to do so.

III. ACCEPTANCE OF TERMS, ETC.

These WINGSFIT Terms and Conditions is in the form of an electronic and legally binding contract that establishes the terms and conditions the Client has accepted before using the App or any part thereof. These include the Privacy Policy and Other Policies as mentioned in these WINGSFIT Terms and Conditions as well as other specific policies and terms and conditions disclosed to the Client, in case the Client uses any subscription or any additional features, products or services the Company offers on or through the App, whether free or otherwise, including but not limited to terms governing features, billing, free trials, promotions and discounts. By using the App, the Client hereby unconditionally consents and accepts these WINGSFIT Terms and Conditions, Privacy Policy and Other Policies. To withdraw such consent, the Client must immediately cease using the App and terminate the Client’s account with the Company. The Client is requested to keep a physical copy of these WINGSFIT Terms and Conditions and all other referred policies herein for the Client’s records.
The Client consents to have these WINGSFIT Terms and Conditions and all notices provided to the Client in electronic form.
Every time the Client uses the App, the Client confirms the Client’s agreement with these WINGSFIT Terms and Conditions, Privacy Policy and Other Policies.
If the Client has entered into any other agreement with the Company, such as a race entry agreement, a liability waiver, or a sponsorship agreement, the terms and conditions of those agreements will supersede and prevail over these WINGSFIT Terms and Conditions in the event of any inconsistency.

IV. ELIGIBILITY

The minimum age to use the App is 14 years. By using the App and in order to be competent to contract under applicable law, the Client represents and warrants that the Client is at least 14 years of age or not a minor in any other jurisdiction from where the Client uses the App.
By using the App, the Client hereby represents and warrants to the Company that the Client has all right, authority and capacity to enter into these WINGSFIT Terms and Conditions and to abide by all of the terms and conditions thereof.
By using the App, the Client hereby represents and warrants that all registration and other information The Client submits is truthful and accurate (if any) and the Client will maintain the accuracy of any information the Client provides.

V. APP ACCOUNT

In order to use the App, the Client has the option of signing in using the Client’s Google login. If the Client does so, the Client authorizes the Company to access and use certain Google account information of the Client, including but not limited to the Client’s public Google profile and information about the Client’s Google friends, the Client’s interests and dislikes. For more information regarding the type/nature of information the Company collects from the Client and how the Company uses it, please refer to the Privacy Policy at https://wingsfit.com/privacy-policy
The Client’s account details the Client provides to the Company must always be kept private and confidential and should not be disclosed to or permitted to be used by anyone else and the Client is solely responsible and liable for any and all usage and activity on the App that takes place under the Client’s account.
By agreeing to these WINGSFIT Terms and Conditions, the Client grants the Company the permission to send electronic communications to the Client as part of the Company’s offering. This includes but is not limited to sending emails, newsletters, notifications and promotional offers from the Company and its partners. Should the Client no longer wish to receive such electronic communications, the Client may write to the Company at https://t.me/wingsfit
Any account the Client opens with the Company is personal to the Client and the Client is prohibited from gifting, lending, transferring or otherwise permitting any other person or entity to use the Client’s account in any way whatsoever.
Each Client is only permitted to have one account on this App platform. If the use of multiple accounts/registrations by a single user is found, the Company reserves the right to investigate, suspend and/or terminate, whether temporarily or permanently, the Client’s App account with the Company.

VI. TERM AND TERMINATION

These WINGSFIT Terms and Conditions will remain in full force and effect while the Client uses the App or any part thereof.
The Client may terminate or disable the Client’s App account at any time and for any reason by deleting the App from the Client’s device.
The Company may, at the Company’s sole discretion, terminate or suspend, whether temporarily or permanently, the Client’s App account at any time with or without notice and for any reason, including for the Client’s breach of these WINGSFIT Terms and Conditions. After the Client’s App account is terminated or suspended, all the terms hereof shall survive such termination or suspension, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
The Client acknowledges that the Company reserves the right to terminate or delete the Client’s account in case it remains ‘inactive’ for a duration as determined by the Company in the Company’s sole discretion. If the Company terminates or suspends the Client’s account because the Client has breached this WINGSFIT Terms and Conditions, the Client will not be entitled to any refund of unused subscription fees and for any fees towards any in-App purchases.
Following termination of these WINGSFIT Terms and Conditions, the Company will only retain and use the Client’s content in accordance with these WINGSFIT Terms and Conditions.

VII. APP USAGE

The App is strictly available for the Client’s personal and non-commercial use only.
The Client is hereby strictly prohibited from and against:
a. Undertaking any marketing, promotion, advertising or soliciting any other Client to buy or sell any products or services whether through the App or not;

b. Transmitting any chain letters, junk, bulk or spam e-mail or other unsolicited communications of any kind whatsoever to other Clients or publishing the same on the App or anywhere else; and

c. Contacting any other Client or using the details of any other Client for any purpose not expressly permitted under these WINGSFIT Terms and Conditions.
It is hereby expressly clarified that any of the aforesaid acts undertaken by the Client shall be to the Client’s sole liability, responsibility, risk and consequences and the Client hereby agree to indemnify the Company for the same.
The Client agrees to take all necessary precautions in all interactions with other Clients when the Client communicates with them through the App if permitted.
The App may provide links or references to other apps, websites or platforms (“site”). The Company has no control over or responsibility for the content on third party sites or transactions that occur there. Links or references are provided for convenience only and the Company will not be liable for any damages or injury arising from those sites. By using a third-party site, the Client may be agreeing to their terms and conditions, which may differ significantly from these WINGSFIT Terms and Conditions. Make certain the Client understands the risks and any applicable policies of third-party sites before retrieving, using, relying upon, or purchasing anything, or before otherwise transacting, via the Internet.

VIII. ACCOUNT SECURITY

The Client shall be solely responsible and liable for maintaining the utmost privacy and confidentiality of the Client’s App log-in (including but not limited to username and password) details as well as for any and all activities that occur under the Client’s log-in. The Client agrees to immediately notify the Company of any disclosure or unauthorized use of the Client’s log-in or any other breach of security by emailing us on support@wingsfit.com.

IX. PROPRIETARY RIGHTS

The Client confirms and agrees that the Company or its partners are the owner of the proprietary information made available to the Client through the App and hereby retains all proprietary and intellectual property rights in the same, including but not limited to all confidential information.
The Client undertakes not to post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way, and whether partly or fully, any (i) confidential or proprietary information, or (ii) copyrighted or copyrightable material, trademarks, service marks or other proprietary information accessible via the App; whether belonging to the Company or not without first obtaining the Company’s prior written consent.
Other Clients may upload/publish/post any copyrighted information, which may have copyright protection or not or which may be identified as copyright. The Client undertakes not to copy, modify, publish, transmit, distribute, perform, display, commercially use/exploit, sell or use such information in any way and for any purpose whatsoever.
By posting information or content to any profile pages or public area of the App, or making it accessible to the Company by linking the Client’s account to any social network accounts (e.g. via Facebook, Twitter, Instagram, etc.), the Client grants the Company unconditionally and in perpetuity, and represents and warrants that the Client has the right to grant to the Company, an irrevocable, perpetual, non-exclusive, fully-paid/royalty-free, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing anywhere in the world. From time to time, the Company may modify, add or vary existing features or programs of the App or create, add, test or implement new features or programs on the App in which the Client may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By participating in such features or programs, the Client grants the Company an unconditional and perpetual right and consent to the terms and conditions (if any) of such features or programs which will be in addition to these WINGSFIT Terms and Conditions.

X. CLIENT INFORMATIONY

For information about the collection and possible use of information and content provided by the Client, please review the Privacy Policy at the link https://wingsfit.com/terms-and-conditions.
It is hereby expressly agreed and understood by the Client that for exchanging personal contact information of the Client with any other Client, the Client shall have the choice to opt into the exchange. Upon choosing to opt in, the Client shall be solely responsible and liable for any and all risks and consequences thereof and the Client hereby agrees to indemnify the Company for the same.
Notwithstanding any other provisions of these WINGSFIT Terms and Conditions, the Company reserves the right to disclose any information that the Client submits to the Company, if in the Company’s sole opinion, the Company reasonably believes that such disclosure is required to be disclosed (i) for complying with applicable laws, requests or orders from law enforcement agencies, appropriate competent authorities or for any legal process; (ii) for enforcing these WINGSFIT Terms and Conditions; (iii) for protecting or defending the Company’s, any other Client’s or any third party’s rights or property; (iv) for supporting any fraud/ legal investigation/ verification checks; or (v) in connection with a corporate transaction, including but not limited to the sale of the Company’s business, merger, consolidation, or in the unlikely event of bankruptcy. The Client acknowledges and understands the provisions of this Clause 10.3 and grants the Company an unconditional, perpetual right and permission to make such disclosure.
By using the App, the Client hereby permits the Company to use the information the Client provides the Company, including the Client’s experiences to facilitate the Company to improve the App and its functionality as well as for promotional purposes, including the permission to publish the Client’s non-personal information in any of the Company’s partner websites and/or to use for research and analytical purposes.

X. PROHIBITED ACTIVITIES

The Company reserves the right to investigate, suspend and/or terminate, whether temporarily or permanently, the Client’s App account with the Company if the Client undertakes any of the following acts:

Breach these WINGSFIT Terms and Conditions, Privacy Policy or Other Policies;
Abuse, impersonate or defame the Company or any other Client or any other person, entity or any religious community;
Use the App for any commercial use or activity not expressly permitted as per Clause 7 of these WINGSFIT Terms and Conditions;
“Stalk” or otherwise harass any other Client or any other person;
Make any statements, whether expressed or implied, and whether privately or publicly, as those endorsed by the Company without the Company’s specific prior written consent;
Use the App in an illegal manner or commit an illegal act or use the App not expressly authorized by the Company;
Use any robot, spider, tool, site search/retrieval application, or other manual or automatic device or process to retrieve, index, ‘data mine’, or in any way reproduce or circumvent the navigational structure or presentation of the App;
Collect any personal information, including contact details, of any other Client by electronic or any other means and for any purpose, not expressly permitted under these WINGSFIT Terms and Conditions;
Send any unsolicited email or any other communication in any way whatsoever not expressly permitted under these WINGSFIT Terms and Conditions;
Undertake any unauthorized framing of or linking to the App or “frame” or “mirror” any part of the App, without The Company’s prior written authorization;
Interfere with, obstruct, destroy or disrupt the App or the servers or networks connected to the App, whether partly or fully and whether permanently or temporarily;
Email or otherwise transmit any content or material that contains software viruses, malware, spyware or any other computer code, files or programs designed to interrupt, destroy, disrupt or limit the functionality of the App or of any computer software or hardware or telecommunications equipment connected with the App;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the App (either directly or indirectly through use of any third party software);
Use meta tags, code, programs or other devices, tools or technology containing any reference to the Company or the App (or any trademark, trade name, service mark, logo or slogan of the Company or its partners) to direct any person to any other website or link or application for any purpose;
Directly or indirectly modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the App; or
Post, use, transmit or distribute, directly or indirectly, in any manner or media any content (whether textual, graphical, images, audio, video, audio-video or any combination thereof) or information obtained from the App other than solely in connection with the Client’s use of the App in accordance with these WINGSFIT Terms and Conditions.
Registration of multiple accounts for a single user or registration of multiple accounts by assuming fake identities;
Undertaking and participating in any fraudulent activities with a purpose to collect invite rewards;
Hit the Company’s servers/use a code/ undertake in any fraudulent activities to emulate steps, or adopt any means whatsoever to show and claim a number of steps, that is over and above the steps counted by the Company’s App i.e. Steps would be counted when the Client actually performed the athletic activities.

XII. CONTENT POSTED BY THE CLIENT

The Client is solely responsible for any and all content or information that the Client posts, uploads, shares, publishes, links to, transmits, records, displays or otherwise make available (hereinafter collectively referred to as “publish”) on or through the App or transmit to other Clients, including text messages, chat, audio, video, photographs, images, graphics or any combination thereof, whether publicly published or privately transmitted (hereinafter collectively referred to as “Content”).
The Company does not verify or validate the completeness, accuracy or truth of any Content the Client publishes on or through the App. The Company is not the publisher of the Content and only provides the Client with a technology platform to facilitate the Client to publish such Content. The Company assumes no responsibility or liability of any sort whatsoever for providing a technology platform to the Company’s Clients to facilitate publishing their Content. To protect the integrity of the App, the Company reserves the right to exercise editorial control over the Client’s Content, including the right to block any Client from using the App, whether temporarily or permanently.
The Client shall not publish to the Company or to any other Client (either on or off the App), any offensive, inaccurate, incomplete, inappropriate, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material or content that infringes or violates the rights of the Company or its partners or any third parties (including intellectual property rights, and rights of privacy and publicity).
The Client represents and warrants that (i) all information and Content that the Client submits upon creation of the Client’s App account, including information submitted from any permissible linked third party account, is accurate, complete and truthful and that the Client will promptly update any information provided by the Client that subsequently becomes inaccurate, incomplete, misleading or false and (ii) the Client has the right to publish the Content on the App and grant the licenses as agreed in these WINGSFIT Terms and Conditions.
The Client understands and agrees that the Company may monitor or review any Content the Client publishes on the App. The Company may delete any Content, in whole or in part, that in the Company’s sole judgment violates these WINGSFIT Terms and Conditions or may harm the reputation of the App or the Company or its partners.
By publishing Content on the App, the Client automatically grants the Company and to the Company’s partners, affiliates, licensees, successors and assigns, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up/royalty-free, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. The Client represents and warrants that any such publishing and/or use of the Client’s Content will not infringe or violate the rights of any third party.
The Client shall not publish, upload, modify, display, publish, transmit, update, share or otherwise make available Content that:
a. Advocates harassment or intimidation of another person;

b. Relates to or promotes or encourages money laundering, sex trafficking or gambling;

c. Requests money from, or is intended to otherwise defraud, other Clients of the App;

d. Involves the transmission of “junk mail”, “chain letters,” or “spamming” or similar activities;

e. Promotes racism, bigotry, hatred or physical harm or injury of any kind against any religion, group, community or individual or is offensive, false, misleading, untrue, unlawful, illegal, defamatory, harassing, disparaging, obscene, sexually explicit, blasphemous, scandalous, libelous, threatening, abusive, hateful, harmful, bigoted, racially offensive, invasive of privacy right of any person, or otherwise objectionable or inappropriate;

f. Belongs to another person and to which the Client are already aware that the same does not belong to the Client or that the Client do not have any right to the same;

g. Is an illegal or unauthorized copy of another person’s copyrighted work;

h. Contains video, audio, photographs or images of a person without his or her permission (or in the case of a minor, the minor’s legal guardian);

i. Contains unauthorised, restricted or password only access pages or hidden pages or images;

j. Contains or disseminates viruses, time bombs, trojan horses, worms or other harmful or disruptive codes, components or devices;

k. Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;

l. Provides information or data the Client does not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);

m. Disrupts the normal flow of communication between other Clients or otherwise negatively affects a Clients’ ability to engage in real time communication through the App;

n. Solicits passwords or personal identifiable information for commercial, unauthorised or unlawful purposes from other Clients or disseminates another person’s personal information without his or her permission;

o. Contains any advertising or commercial messages not expressly permitted under these WINGSFIT terms and conditions;

p. Infringes upon or violates any third party’s right to privacy, including any intellectual property rights;

q. Hinders the App functionality in any way or interferes or affects other Clients’- use and enjoyment of the App; or (xviii) violates any applicable law for the time being in force.
The Company reserves the right, in the Company’s sole discretion, to investigate and take any legal action against anyone who violates this Clause 12.7, including deleting or removing the offending Content from the App and/or terminating or suspending the App account of such violating Client. Whilst the Company reserves the Company’s right to delete or remove such Content, the Company does not guarantee that such offensive Content will be removed or deleted. Failure by the Company to remove or delete such Content does not waive the Company’s right to remove or delete the same in subsequent or similar cases.
The Client’s use of the App, including all Content the Client publishes, must comply with all applicable laws and regulations. The Client agrees that the Company may access, preserve and disclose the Client’s account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to (i) comply with applicable laws, requests or orders from law enforcement agencies, appropriate competent authorities or for any legal process or proceeding; (ii) protect or defend the rights or property of the Company or any third party; (iii) enforce these WINGSFIT Terms and Conditions, Privacy Policy and Other Policies; (iii) in support of any fraud/ legal investigation/ verification checks; or (iv) respond to the Client’s requests for customer service or allow the Client to use the App in the future.
The Company assumes no responsibility or liability for any deletion of or failure to store any of the Client’s Content.

XIII. MODIFICATIONS TO THE APP

The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the App (or any part thereof) with or without notice. The Client agrees that the Company shall not be liable to the Client or to any third party for any modification, suspension or discontinuance of the App. Any access or usage by the Client of the App shall imply that the Client has accepted any new or modified WINGSFIT Terms and Conditions. Please re-visit these WINGSFIT Terms and Conditions from time to time to stay abreast of any changes that the Company may introduce.

XIV. DISCLAIMER OF WARRANTY

To the maximum extent permitted by applicable law, the Company has provided the App on an “AS IS” and “AS AVAILABLE” and “BEST EFFORTS” basis and grant no warranties of any kind, whether express, implied, direct, indirect statutory or otherwise with respect to the App or any part thereof (including all content contained therein), including any implied warranties of correctness, validity, accuracy, completeness, appropriateness, fitness, compatibility for a particular purpose or outcome or non-infringement. The Company does not warrant that the use of the App will always be secured, uninterrupted, available, error-free, free of viruses or similar contamination or destructive features or will meet the Client’s requirements or expectations, or that any defects in the App will be corrected or result in the desired results. The Company disclaims liability for, and no warranty is made with respect to, the connectivity and availability of the App at all times and the results of the use of the App.
Opinions, advice, statements, offers, or other information or content made available through the App, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such Content. The Company does not (i) guarantee the accuracy, completeness or usefulness of any information provided on the App, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than the Company.
From time to time, the Company may offer new features or tools which the Company’s Clients may experiment or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind and may be modified or discontinued at the Company’s sole discretion. The provisions of this Disclaimer of Warranty section shall apply with full force to such features and tools.
The Company accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by the Client as a result of the App.

XV. LIMITATION OF LIABILITY

The Client expressly agrees that the Company is not providing medical advice on or through the App. All content provided on or through the App, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by the Company or by other Clients or third parties are not intended to be and should not be used in place of (a) the advice of the Client’s physician or other medical professionals, (b) a visit, call or consultation with the Client’s physician or other medical professionals, or (c) information contained on or in any product packaging or label. Should the Client have any health-related questions, please call or see the Client’s physician or other healthcare providers promptly.
The Client should never disregard medical advice or delay in seeking medical advice because of any content presented on or through the App, and the Client should not use the App or any content available through or via the App for diagnosing or treating a health problem. The transmission and receipt of any content, in whole or in part, or communication via the internet, e-mail, or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between the Client and the Company or other Clients or any third parties.
The Client expressly agrees that the Client’s athletic activities on or through the App carry certain inherent and significant risks of property damage, bodily injury, or death and that the Client voluntarily assumes all known and unknown risks associated with these athletic activities, even if caused in whole or part by the action, inaction, or negligence of the parties or by the action, inaction, or negligence of others. The Client also expressly agrees that the Company shall not be responsible and liable for the inspection, supervision, preparation, or conduct of any race, contest, group athletic activity, or event on or through the App. The Client is strongly encouraged to take all necessary precautions to make sure that the Client satisfies all reasonable mental and physical conditions necessary and has a complete physical examination by a licensed medical doctor prior to doing such athletic activities.
To the maximum extent permitted by applicable law, the Client expressly agrees that in no event will the Company be liable to the Client or any third parties for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with (a) the Client’s use or misuse of the; (b) the Client’s use or misuse of equipment or programs created, sold, or licensed by the Company while engaged in athletic activities; (c) the use, disclosure, display, or maintenance of the Client’s personal information and/or location information; (d) the result of using the App, including without limitation, damages for recommendation of the App, loss or corruption of data or programs, service interruptions and procurement of substitute services; (e) the Client’s dealings with third parties service providers or advertisers available on or through the App; (f) any delay or inability to use the App experienced by the Client; (g) the networks and systems that make the App available; (h) any information, software, products, services, or content obtained on or through the App, (i) any interactions between the Client with the Company or other client or any other third parties, whether based on contract, tort, strict liability, or otherwise, even if any of the Company know or have been advised of the possibility of damages. This limitation also applies, without limitation, to the costs of procurement of substitute goods or services, lost profits.
To the maximum extent permitted by applicable law, without limiting the foregoing, under no circumstances will the Company, its partners, affiliates, subsidiaries, and each of their respective officers, directors, employees, agents, consultants and other related or affiliated third parties be held liable for any delay or failure in performance of its obligations resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, internet failures, computer equipment or security failures, telecommunication equipment failures, other equipment failures, hacking, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance obligations of third parties.
The Client expressly agrees to release the Company, its partners, affiliates, subsidiaries, and each of their respective officers, directors, employees, agents, consultants and other related or affiliated third parties, from any and all liability connected with the Client’s use of the App (including but not limited to the Client’s participation in or any athletic activities), and promise not to sue the Company, its partners, affiliates, subsidiaries, and each of their respective officers, directors, employees, agents, consultants and other related or affiliated third parties for any claims, actions, injuries, death, damages, or losses associated with the Client use of the App (including but not limited to the Client participation in or any athletic activities).

XVI. INDEMNIFICATION

The Client agrees to indemnify, defend and hold the Company harmless, as well as its partners, affiliates, subsidiaries, and each of their respective officers, directors, employees, agents, consultants and other related or affiliated third parties, from and against any and all losses, claims, costs, demands, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of the Client’s use of the App, including but not limited to (i) any violation by the Client of these WINGSFIT Terms and Conditions, or (ii) any action arising from the Content that the Client publish on the App or using the App that infringes any proprietary or intellectual property rights (e.g. copyright, trade secrets, trademark or patent) of any third party, or (iii) any content or communication that denigrates, libels or invades the privacy right of any third party. The Company reserves the right, at the Company’s own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Client, and the Client will cooperate fully in asserting any available defenses in such case.

XVII. CAUTION

The Company may check new user account profiles strictly for verifying the accuracy of profile information and any unsuitable, objectionable or inappropriate content. However, the Company may not be able to verify the identity of all such Clients or the accuracy of their content, nor can the Company guarantee that the Company will be able to identify all unsuitable, objectionable or inappropriate content. Please do not take any other Client content as fully accurate and/or complete. The Company will not be liable or responsible for any false and misleading content and information given by any Client. If the Client has any concerns over any other Client content, please write to us on support@wingsfit.com with the details thereof.
The Client hereby acknowledges and agrees that the Client shall ensure that at all times the Client’s interaction with other Clients of the App will always be lawful and appropriate and that the Client alone shall be responsible for all consequences thereof.

XVIII. MISCELLANEOUS

Entire Agreement: These WINGSFIT Terms and Conditions constitutes the entire agreement between the Client and the Company regarding the subject matter hereof, and replaces and supersedes any and all prior agreements/ understandings/ correspondences, whether written or oral, between the Client and the Company.
Amendment: The Company reserves the right to amend these WINGSFIT Terms and Conditions from time to time. Any such amendments will be applicable to all persons viewing/accessing/using the App once the revisions have been posted onto the same. The Client should therefore check the App from time to time to review the current WINGSFIT Terms and Conditions as applicable to the Client.
Survival: Termination or suspension of the Client’s App Account shall not affect those provisions hereof that by their nature are intended to survive such termination or suspension.
Governing Law and Jurisdiction: These WINGSFIT Terms and Conditions shall be governed and construed in accordance with the laws of Hong Kong. Any and all disputes, controversies or conflicts arising from or in relation to this WINGSFIT Terms and Conditions and/or the App, including disputes on its existence, validity, conclusion, binding effect, breach, amendment, expiration, and termination (hereinafter collectively referred to as (the “Dispute”), shall, as far as possible, be settled amicably by the Company and the Client. If any such the Dispute is not settled amicably within thirty (30) days as from the date on which any party informs the other party that any the Dispute has arisen, the Company and the Client agree that such the Dispute shall be referred to and finally resolved by Hong Kong International Arbitration Centre (“SIAC”) in accordance with the SIAC rules, which rules are deemed to be incorporated by reference in this Clause. The tribunal shall consist of one (01) arbitrator, to be appointed by the President of the SIAC. The language of the arbitration shall be English. The physical venue of the arbitration shall be Hong Kong. Any arbitral award is final and may be enforced in any court of competent jurisdiction. The Company and the Client shall duly and punctually perform their obligations hereunder pending issuance of the arbitral award.
No Assignment: These WINGSFIT Terms and Conditions is personal to the Client. The Client cannot assign the Client’s rights or obligations hereunder, whether partly or fully, to anyone.
Severability: If any provisions of these WINGSFIT Terms and Conditions is held invalid or unenforceable under applicable law, such provision will be inapplicable, but the remainder will continue in full force and effect.
Waiver: No waiver of any term, provision or condition of these WINGSFIT Terms and Conditions whether by conduct or otherwise in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such term, provision or condition or of any other term, provision or condition of these WINGSFIT Terms and Conditions.

XIX. CHANGES

The Company reserves the right, at any time, to modify or update these WINGSFIT Terms and Conditions, Privacy Policy and/or Other Policies. Changes may be made without notice, and the Client agrees to be bound by such modifications or updates. When the Company posts any changes, the Company will revise the “last updated” date. The Client agrees to periodically review these WINGSFIT Terms and Conditions, Privacy Policy and/or Other Policies for changes.

XX. CONTACT US

Please contact us by email on support@wingsfit.com for any questions or comments regarding these WINGSFIT Terms and Conditions.