BY ACCESSING OR USING THE CRUNCH APPLICATION AND/OR WEBSITE, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE

 

1. AGREEMENT TO USE CRUNCH

1.1 The Crunch mobile application (“App”) and the Crunch website at www.crunchsg.com (“Website”), both to be collectively referred to as the “Crunch App & Website” are managed and operated by My Fat Pocket Pte Ltd (“Crunch Management”). 

1.2 These Terms of Use (“T&C”) constitutes a legal agreement between you (“You” or “Your”) and Crunch Management in relation to Your use of the App, Website  and/or any feature or service made available thereon (collectively, “Services”). 

1.3 Crunch Management grants You a revocable, non-exclusive, non-sublicensable and non-transferable license to use the Crunch App & Website and/or Services subject to and in accordance with these T&C. No licenses or rights are granted to You by implication or otherwise, except for the licenses and rights expressly granted to You.

1.4 You represent that you have read and understood these T&C and that You agree to be bound by the T&C and Crunch Management’s Privacy Policy, which is incorporated herein by reference. If You do not understand these T&C or do not agree to be bound by these T&C, You should not use the Crunch App & Website and/or Services.     

1.5 Crunch Management reserves the right to amend these T&C at any time. All amendments will be posted on-line. You may terminate this Agreement by written notice to us (by post or by email at This email address is being protected from spambots. You need JavaScript enabled to view it.) if You do not wish to be bound by such new terms and conditions. If You do not agree with such new terms and conditions, You must terminate Your use of the Crunch App & Website. Continued use of the Crunch App & Website and/or Services will be deemed to constitute Your acceptance of the new terms of use.

 

2. GENERAL ISSUES 

2.1 To use the Crunch App & Website and/or Services, You must be at least 16 years of age. However, if You are not yet 18 years of age, Your use of the Crunch App & Website and/or Services is conditional upon Your obtaining the consent of Your parent or guardian to use and to agree to these T&C on Your behalf.

2.2 You must, at Your own costs, have access to data connection and certain software to use the Services, which Crunch Management does not supply. For as long as use the Crunch App & Website and/or Services, you consent to downloading and installing updates to the Crunch App & Website, including automatically.

2.3 The Services, in particular, the offer of Deal(s) & Offer(s) (defined in Clause 6 below) are directed solely at those who are resident in Singapore as the Deal(s) & Offer(s) are suitable for use in Singapore only. If You choose to download or purchase a Deal & Offer from outside of Singapore, You do so on your own initiation and are solely responsible for the consequences and compliance with all applicable laws.  

2.4 The Services are for Your non-commercial, personal use only and must not be used for any business purposes.

 

3. ACCOUNT REGISTRATION 

3.1 Registration is required for use of the App. Registration is not required for use of much of the functionality of the Website. However, You must register in order to download or purchase of Deal(s) & Offer(s) from the Crunch App & Website. Crunch Management reserves the right to decline a new registration or to cancel an account at any time.

3.2 All accounts must be registered with a valid personal email address that is Yours. You will also need to supply us with your name, postcode, payment details and possibly some other personal information, as appropriate. Crunch Management may require You to re-validate Your account if we believe You have been using an invalid email address.

3.3 You warrant that all information provided on registration and contained as part of Your account during the course of this Agreement is true, complete and accurate and that You will promptly inform us of any changes to such information by updating the details in your account.

3.4 When You register, You will be asked to create a password  for Your account. It is Your responsibility to keep the password confidential and You shall immediately notify us if any authorised third party becomes aware of that password or if there is any unauthorised use of Your email address or any breach of security known to you. You agree that any person to whom that password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Crunch App & Website or Services. 

3.5 You will also be asked for Your consent by “opt-in” to receive alerts, notifications and/or marketing and promotional information through push notifications; direct or electronic direct mailers; SMS or MMS; or voice calls at the mailing address or email address or contact numbers(s) that You have provided upon registration. For queries regarding data protection, please contact Crunch Management at This email address is being protected from spambots. You need JavaScript enabled to view it.. You can opt-out of receiving such communication at any time by sending to Crunch Management written notice of this by email at This email address is being protected from spambots. You need JavaScript enabled to view it. or by changing the settings of the App on Your mobile device. You are responsible for any messaging or data fees incurred. Once you opt-out or change the settings of the App, You will not be able to access the full functions and features of the Crunch App & Website.

3.6 Crunch Management reserves the right to close Your account if You are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts or if You disrupt the Crunch App & Website or the Services in any way. If You use multiple logins for the purpose of disrupting the Services or to annoy other users, You may have action taken against all of Your accounts. If Crunch Management disables any of your account for violation of these T&C, You shall not create another account without our permission.

 

4. THIS APP AND WEBSITE DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE 

4.1 The contents set out in the App and Website serves as a general guide for informational purposes only and are provided on an “as available” and “as is” basis without warranty of any kind, either express or implied. The contents do not contain or constitute and should not be interpreted a medical advice or opinion. Crunch Management does not provide medical services or render medical advice. Crunch Management also does not recommend or endorse any specific products, opinions or other information mentioned on the Crunch App & Website. Reliance on any information appearing on the Crunch App & Website is solely at Your own risk.

4.2 Crunch Management verily recommends and advises that You consult and disclose any pre-existing health conditions to your doctor or physician before you undertake any exercise or changes in Your diet. 

 

5. CALORIE COUNT AND FOOD NUTRITIONAL INFORMATION

5.1 Information on calorie count and nutrition in food that is accessible via the App and Website (“Food Database”) is comprised of the following:-

(a) information entered directly by Crunch Management or parties engaged by Crunch Management;

(b) information entered by other users of the App and Website (that may not have been reviewed by persons with the expertise required to provide You with complete, accurate or reliable information);

(c) information provided by Merchants (as defined below) relating to meals or products offered by Merchants on the App and Website; and

(d) endorsements by nutritionists relating to meals or products offered by Merchants.

5.2 Whilst Crunch Management shall use its best endeavours to check that the information in the Food Database is as accurate and as useful as possible, Crunch Management cannot ensure the applicability of the information to all cases as variations in the source and origins of ingredients, food cooking and preparation method as well as each individual. Crunch Management therefore recommends and advises that you consult your doctor or physician before placing reliance on such information. Under no circumstances shall Crunch Management be responsible for any loss injuries or damage suffered by you as a result of Your reliance on such information available on the Food Database.

5.3 Information found in the Food Database may not be reproduced, duplicated, modified, sold, resold, distributed or otherwise exploited for any commercial purpose without the express written consent of Crunch Management.

 

6. DOWNLOAD AND PURCHASE OF DEALS & OFFERS

6.1 For this Clause and where referenced in these T&C, the following words shall have the following meanings:-

(a) “Deal & Offer” means (as the case may be):

(i) a coupon, discount, gift or other such promotional offers which if downloaded by You, allows You to redeem (subject to conditions of redemption) the Redeemable Product offered by a particular Merchant; or 

(ii) a voucher which if purchased by You, allows You to redeem (subject to conditions of purchase) the Redeemable Product offered by a particular Merchant;

(b) “Merchant” means a third party provider of goods or services from whom a Deal & Offer can be redeemed.

(c) “Redeemable Product” means the goods and/or services t redeemable from a particular Merchant  upon the conditions of redemption or purchase specified in the applicable  Deal & Offer.

6.2 You must register an account in order to download or purchase Deal(s) & Offer(s) from the Crunch App & Website. All downloads and purchase of Deal(s) & Offer(s) are subject to these T&C.

6.3 After You download or purchase a Deal & Offer, Crunch Management reserves the right to send to You via emails or push notification administrative messages regarding Your account activity download and purchases.  

6.4 The particular Merchant and particular Redeemable Product offered by that Merchant for which a Deal & Offer can be redeemed will be stated on the Deal & Offer or the relevant pages of the Crunch App & Website that describes that Deal & Offer. Each Merchant will have their own applicable terms and conditions, in relation to their supply of their Redeemable Product, and You agree that You shall abide by those terms and conditions.

6.5 It is Your responsibility to ensure that any products or services available through the App or Website meet your specific requirements.

6.6 After You have confirmed your intention to purchase a Deal & Offer and Crunch Management has taken payment (by debit card or credit card or PayPal or other financial services made available from time to time) for such purchase, the purchase transaction is completed (ie a contract for purchase is made) only when Crunch Management emails you confirming the transaction (ie Crunch Management’s acceptance of Your offer to purchase). For the avoidance of doubt, Your offer is not accepted, and Crunch Management’s contract with You is not complete, until Crunch Management emails You to confirm the transaction.

6.7 After You successfully complete a download or purchase, the Deal & Offer is redeemable by You from the Merchant for the Redeemable Product stated in the Deal & Offer. Any attempted redemption of a Deal & Offer not consistent with these T&C or the terms of the Deal & Offer may render a Deal & Offer void at Crunch Management’s (or the Merchant’s) discretion.

6.8 You acknowledge that the Merchant, and not Crunch Management, is:

(a) the seller of the Redeemable Products;

(b) solely responsible for any information set out in the Deal & Offer;

(c) solely responsible for providing You with the Redeemable Products and for the Redeemable Products themselves; and

(d) solely responsible for honouring the redemption of any Deal & Offer you download or purchase.

6.9 Reproduction, sale, resale or trade of a Deal & Offer is prohibited. Any attempt to carry out any of these will potentially void the Deal & Offer at Crunch Management’s discretion. You agree that a claim cannot be made against Crunch Management in respect of any Deal & Offer.

6.10 If the Deal & Offer is redeemed for less than its face value, there is no entitlement to a credit, cash or new Deal & Offer equal to the difference between the face value and the amount redeemed. Deal(s) & Offer(s) are also redeemable in their entirety only and may not be redeemed incrementally or partially.

6.11 It is at the discretion of the Merchant to determine whether Deal(s) & Offer(s) can be combined with any other promotions, vouchers, third party certificates or coupons.

6.12 Neither Crunch Management nor the Merchant are responsible for lost or stolen Deal(s) & Offer(s) or Deal(s) & Offer(s) reference numbers.

6.13 Each Deal & Offer (including, but not limited to, any offer or discounts provided by the Deal & Offer) expires on the date specified on the applicable Deal & Offer.

 

6A. REFUNDS/RETURN

6A.1 For  a Redeemable Product redeemed using a Deal & Offer or a product purchased as part of the Services, You can return such product directly to the Merchant at your costs within fourteen (14) days of receipt if such product is damaged, defective, faulty or have missing parts existing at the time of delivery or otherwise do not conform to Your order. When You return a damaged, defective, faulty or non-conforming product, the product will be inspected and if a defect or fault is found or if the product does not match Your order, it shall be the responsibility of the Merchant will replace such product or provide a partial or full refund, in accordance with applicable law. The Merchant shall have the right to refuse to issue a refund in the event that the product is found to have suffered damage after delivery to You; or if the product has been misused or used other than in accordance with the instructions; or if the problem with the product is due to normal wear and tear. Products that have been misused or changed shall not be eligible for return. Crunch Management shall not be liable to repair or exchange defective, faulty or non-conforming products. 

6A.2 If You use a Deal & Offer and/or a Redeemable Product and is disappointed by the experience, Crunch Management will attempt to mediate a settlement between You and the Merchant. Crunch Management shall not however be liable to offer to you any compensation in any whatsoever form.

 

7. MESSAGE BOARDS, CHAT ROOMS AND POSTING GUIDELINES

7.1 Crunch Management hosts message boards, discussion forums, chat rooms and other public forums on the App and Website as part of the Services offered and these are intended to serve as discussion platforms for users of the App and Website. 

7.2 These platforms enable You (a) to upload, submit, post, display and/or distribute information; (b) view information (including information submitted to the Food Database) uploaded, submitted, posted, displayed and/or distributed by users of the Crunch App & Website (“User Content”); and/or (c) to communicate, share or exchange User Content with other users. 

7.3 You acknowledge that all these discussion platforms and the features thereon are for public and not private communications as they may be viewed by the general public. You should not have any expectation of privacy with regard to any submission or posting. 

7.4 You agree to grant to Crunch Management a non-exclusive, royalty free, sublicensable and transferable license to use, reproduce, distribute, create derivative works of, display and perform the User Content that You upload or submit through our Services. 

7.5 You are and shall remain solely responsible for any User Content you upload, submit, post, transmit, communicate, share or exchange by way of any such platforms and for the consequence of submitting or posting same. 

7.6 You represent and warrant that You shall not use the Services to upload upload, post, transmit, display, perform or distribute any content, information or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information; (d) incite, encourage or threaten physical harm against another; (e) glorify, incite or encourage victimising or bullying of a person; (f) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; (g) glamorize the use of hard core illegal substances and drugs; (h) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (i) violate any provision of these T&C; or (j) is generally controversial, offensive or in bad taste, as determined by Crunch Management (collectively, "Objectionable Content") at its sole discretion. In determining whether any content shall tantamount to Objectionable Content, Crunch Management shall be guided by principles and beliefs relating to general well-being of the public and good conscience. 

7.7 Crunch Management disclaims any perceived, implied or actual duty to monitor, filter or screen these discussion platforms and specifically disclaims any responsibility or liability for information provided thereon.       

7.8 Without limiting any of its other remedies, Crunch Management reserves the right to terminate Your use of the Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. Crunch Management, in its sole discretion, may delete any Objectionable Content from its servers. Crunch Management intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

 

8. PROHIBITED USES

8.1 Crunch Management imposes certain restrictions on Your use of the Services. You represent and warrant that you will not: (a) "stalk" or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to Crunch Management or any other user; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) create more than one unique public profile; (e) harvest or otherwise collect information about Crunch Management users, including email addresses and phone numbers; (f) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Crunch App & Website for any use, including without limitation use on third-party websites; (g) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (h) attempt to probe, scan, or test the vulnerability of the App, the Website, the Services, or any associated system or network, or breach security or authentication measures without proper authorization; (i) interfere or attempt to interfere with the use of the App, the Website or the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (j) use the Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (k) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Services; (l) post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise; or (m) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Crunch Management in providing the Crunch App & Website. Crunch Management retains the sole discretion to report any violation of this section to the relevant authorities. Violation of this section may subject You to civil and/or criminal liability.

 

9. SUSPENSION AND TERMINATION

9.1 If You use (or anyone other than you, with your permission uses) the Crunch App & Website or Services in contravention of these T&C, Crunch Management may suspend Your use of the Services or the Crunch App & Website (in whole or in part).

9.2 If Crunch Management suspends the use of the Crunch App & Website or Services, Crunch Management may refuse to restore same until Crunch Management receives an assurance from You, in a form Crunch Management deems acceptable that there will be no further breach of these T&C.

9.3 Crunch Management shall fully co-operate with any law enforcement authorities or court order requesting or directing Crunch Management to disclose the identity or locate anyone in breach of this Agreement.

9.4 Without limitation to anything else in this Clause 9, Crunch Management shall be entitled immediately or at any time to: (i) suspend the Services and/or the Crunch App & Website; (ii) suspend Your use of the Services or the Crunch App & Website; (iii) suspend the use of the Services or the Crunch App & Website for persons Crunch Management believes to be connected (in whatever manner) to You; and/or (iv) terminate this Agreement immediately if:

(a) You commit any breach of this Agreement;

(b) Crunch Management suspects, on reasonable grounds, that You have, might or will commit a breach of these terms; 

(c) Crunch Management suspects, on reasonable grounds, that You may have committed or may be committing any fraud against Crunch Management or any person.

9.5 Notwithstanding anything else in this Clause 9, Crunch Management may terminate this Agreement at any time.

9.6 Crunch Management’s right to terminate this Agreement shall not prejudice any other right or remedy Crunch Management may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

 

10. INDEMNITY

10.1 You shall indemnify Crunch Management against each loss, liability or cost incurred by Crunch Management arising out of:

(i) any claims or legal proceedings which are brought or threatened against us by any person arising from:

(a) Your use of the App Website and/or Services;

(b) Your use of a Deal & Offer or a Redeemable Product; or

(c) the use of the App Website and/or Service through your password; or

(ii) any breach of this Agreement by you.

 

11. DISCLAIMER

11.1 The content on the Crunch App & Website and Services are provided on an “as is” basis and without warranties of any kind, either express, implied or statutory, including, without limitation, warranties of title, non infringement, merchantability or fitness for a particular purpose. 

11.2 Crunch Management will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, Crunch Management does not guarantee that the Crunch App & Website and/or Services, will be free of faults or errors  and Crunch Management does not accept liability for any faults or errors. In the event of an error or fault, you should report it by email to This email address is being protected from spambots. You need JavaScript enabled to view it..

11.3 Crunch Management reserves the right to change, modify, substitute, suspend or remove at any time and without prior notice any information or the Crunch App & Website or on a Deal & Offer or any part of the Services. Crunch Management also reserves the right to block access to and/or to edit or remove any material which in Crunch Management’s reasonable opinion may give rise to a breach of this Agreement. 

11.4 Crunch Management does not warrant that Your use of the App Website and/or Services will be uninterrupted and Crunch Management does not warrant that any information (or messages) transmitted via the Crunch App & Website and/or Services will be transmitted accurately, reliably, in a timely manner or at all.

11.5 Crunch Management does not give any warranty that the Crunch App & Website and/or Services is free from viruses or anything else which may have a harmful effect on any technology.

11.6 Whilst Crunch Management will try to allow uninterrupted access to the Crunch App & Website and/or Services, access to the same may be suspended, restricted or terminated at any time and without prior notice. Crunch Management assumes no responsibility for functionality which is dependent on Your browser or other third party software to operate (including, without limitation, RSS feeds).

 11.7 Your access to the Crunch App & Website and/or Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. 

 

12. LIMITATION OF LIABILITY

12.1 Neither Crunch Management nor its directors, officers, employees, contractors or agents are responsible or liable to you or anyone else for any loss or injury or any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, tort or strict liability arising out of or relating in any way to

(a) Your use of or inability to use the Crunch App & Website and/or the Services;

(b) the accuracy, completeness, fitness for purpose or legality of any content of the Food Database, Crunch App & Website and/or the Services;

(c) statements or conduct posted or made publicly available on the Crunch App & Website and/or Services;

(d) the quality, safety, usability or any other aspect of the Redeemable Products obtained through the redemption of Deal & Offers purchased;

(e) any action taken in response to or as a result of any information available on the Crunch App & Website and/or Services;

(f) Your sharing personally identifiable information with third parties including Merchants via their third party links;

(g) Your participation and disclosing of personally identifiable information in promotion, contest or polls organised by third parties on the Crunch App & Website;

(h) breach or failure of any third party to secure any personally identifiable information shared with such third party to facilitate the operations and implementation of the Crunch App & Website; 

(i) any damage caused by loss of access to, deletion of, failure to store or back up or alteration of any content on the Crunch App & Website; or

(j) any other matter relating to the Crunch App & Website and/or Services.

12.2 Notwithstanding any provision in these T&C, in no event shall the total liability of Crunch Management to You for any and all damages, losses and causes of action exceed the amount paid by You, if any, for using any of the Services. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that Crunch Management may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Crunch Management’s liability will be the minimum permitted under such applicable law.

 

13. PRIVACY POLICY  

13.1 By using the Crunch App & Website and/or Services, You consent to the collection, use and disclosure of certain information about You, as specified in Crunch Management’s Privacy Policy which forms part of these T&C. The Privacy Policy is found in the section immediately after these T&C and may also be assessed in the “Profile” or “Settings” screen. Use of information Crunch Management collects is subject to the Privacy Policy in effect at the time such information is used.

 

14. ADVERTISEMENTS

14.1 Crunch Management may place advertisements in different locations on the Crunch App & Website and at different points during use of the Services. Advertisements may be delivered on behalf of Crunch Management by a third party advertising company.

14.2 You are free to select or click on the advertisements or not as you see fit.

14.3 No personal data (eg Your name, address, email address or telephone number) will be used during the course of serving the advertisements, but, Crunch Management a third-party advertiser may place or recognise a unique "cookie" on Your browser (please see Crunch Management’s Privacy Policy about this). 

 

15. LINKS TO AND FROM THIRD PARTY WEBSITES

15.1 The App or Website may contain links to third party sites and to resources provided by third parties ("Other Sites"). You acknowledge that Crunch Management has no control over the Other Sites and that Crunch Management is not responsible for the accuracy, content, legality, products or services or any other aspect of the Other Sites. In no event shall any reference to the Other Sites be construed as an approval or endorsement by Crunch Management of that third party or the Other Sites or any product or services provided by that third party. Crunch Management accepts no responsibility for any loss or damage that may arise from Your use of the Other Sites. If You decide to access the Other Sites, the terms and conditions of the Other Sites will govern your use of the Other Sites and Your access thereto is entirely at your own risk.

 

16. INTELLECTUAL PROPERTY RIGHTS

16.1 You acknowledge and agree that Crunch Management or Crunch Management’s licensors own all intellectual property rights (whether registered or unregistered) in (i) the Crunch App & Website and Services; (ii) the content (including but not limited to information, photos, text, video, music) on the Crunch App & Website, Food Database or accessed as part of the Services; and (iii) all software compilations, underlying source code and software (including applets and scripts) for the App and Website. 

16.2 The material listed in Clause 16.1 may not be reproduced, redistributed, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of Crunch Management. You may, however, retrieve and display the content of the Crunch App & Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided You keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Crunch App & Website without Crunch Management’s permission. 

16.3 All rights (including goodwill and, where relevant, trade marks) in the Crunch Management or Crunch names are owned by Crunch Management or its licensors. Other product and company names mentioned on the Crunch App & Website are the trade marks or registered trade marks of their respective owners.

16.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Crunch App & Website is the property of the applicable content owner or merchant and may be protected by applicable copyright or other law. The Agreement gives You no rights to such content.

16.5 The authors of the literary and artistic works in the pages in the App and Website have asserted their moral rights to be identified as the author of those works.

16.6 Subject to Clause 16.7, any material You transmit or post or submit to the Crunch App & Website (or otherwise to us) shall be considered non-confidential and non-proprietary and  You grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.

16.7 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to Crunch Management by You; or (ii) in response to solicitations by Crunch Management regarding the Services or the Crunch App & Website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain property of Crunch Management and You hereby assign by way of present and future assignment all intellectual property rights in Ideas, to Crunch Management. You understand and acknowledge that Crunch Management has both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that Crunch Management is only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and Crunch Management assumes no obligation, express or implied by considering it. Without limitation, Crunch Management shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas. 

 

17. GENERAL

17.1 In this Agreement:

(i) words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;

(ii) clause headings and clause titles are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and

(iii) references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".

17.2 Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between You and Crunch Management and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

17.3 Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

17.4 You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. Crunch Management shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.

17.5 Crunch Management shall not be liable for any breach of Crunch Management’s obligations under this Agreement where Crunch Management are hindered or prevented from carrying out our obligations by any cause outside Crunch Management’s reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

17.6 These T&C and Crunch Management’s Privacy Policy contains all the terms agreed between the parties and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing in relation to the use of the App and Website. However, access to the App Website and Services is provided to You under Crunch Management’s operating rules, policies, and procedures as published from time to time.

17.7 No waiver by Crunch Management of any default of Yours under this Agreement shall operate or be construed as a waiver by Crunch Management of any future defaults. No granting of time or other forbearance or indulgence by Crunch Management to You shall in any way release, discharge or otherwise affect Your liability under this Agreement.

17.8 Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if You are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to You at the address You supplied to us or to us at our registered office.

17.9 All provisions of this Agreement apply equally to and are for the benefit of Crunch Management, its holding, subsidiaries or associate companies and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 2001 by any person who is not a party to it. 

17.10 The provisions of Clauses 6, 10, 11, 12, and 16 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event You use the Crunch App & Website or Services again, then the provisions of the terms and conditions that then apply will govern Your re-use. In the event You use a Deal & Offer downloaded or purchased under this Agreement, then those provisions applicable to such Deal & Offer will survive termination of this Agreement.

17.11 If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.

17.12 This Agreement shall be governed by and construed in accordance with the laws of Singapore and both parties hereby submit to the exclusive jurisdiction of the courts of Singapore.