Terms & Conditions

Important – please read these terms of services provided hereunder (“Terms and Conditions” or “Agreement”) carefully. By using the Services (as defined below), you agree that you have read, understood, accepted and agreed with this Terms and Conditions. You further agree to the representations made by yourself below. If you do not agree to this Terms and Conditions, please do not access or use the Services or the Application (as defined below).

These Terms and Conditions constitute a legal agreement between you and F8 VIET NAM COMPANY LIMITED, a company incorporated and registered under Enterprise Registration Certificate No. 0314088171, with a registered address at 464-466-468 Phan Xich Long Street, Ward 2, Phu Nhuan District, Ho Chi Minh City, Vietnam (the “Company”), that apply to your use of the personal training scheduling services (the “Services”) being offered at application installed on mobile equipment called “LEEP.APP” and/or the website https://leep.app/ and all affiliated web sites and applications owned and operated solely by the Company for providing the Services (the “Application”).

The Company reserves the right to modify, vary and change the Terms and Conditions or its policies relating to the Services at any time as it deems fit (including adding or deleting any terms). Such modifications, variations and or changes to the Terms and Conditions or its policies relating to the Services shall be effective upon posting an update in the Application. You acknowledge and agree that it shall be your responsibility to review the Terms and Conditions regularly and whereupon your continued access or use of the Services after such posting, whether or not reviewed by you, shall constitute your consent and acceptance to be bound by these Terms and Conditions, as modified, varied and changed.

1. Introduction

Via the Application, the Company provide to end user (the “End User”) a technology platform that enable End User to arrange and schedule fitness and yoga training with personal trainers, or provide to training instructors (the “Training Instructor”) information and method to schedule, obtain and establish contact with the End User to provide training services of fitness and yoga.

2. Your Use of the Services

In order to use the Services, you must register for and maintain an active personal user Services account (the “Account”). You must be at least 18 years of age, or the age of legal majority in according with Vietnamese law (if different than 18), to obtain an Account. Unless otherwise permitted by the Company in writing, you may only possess one Account.

Account registration requires you to submit to the Company certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card/payment card or other accepted payment method).

You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or the Company’s termination of this agreement with you.

3. Representation and Warranties

You may only access the Services using authorized means. It is your responsibility to check and ensure that you have downloaded the correct and compatible version Application for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong or incompatible version of the Application to your device. The Company reserves the right not to permit you to use the Services if you use the Application with an incompatible or unauthorized device or for purposes other than which the Application is intended to be used. By using the Application, you agree that:

(i) You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password or any identification we provide you which allows you to use the Application and/or to access to the Services at all times;

In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity;

(ii) You may not authorize third parties to use your Account, and you may not assign or otherwise transfer your Account to any other person or entity;

(iii) You will only use the Services for the purpose for which it is intended to be used and for lawful purposes, including access and use the Application on your personal device solely in connection with your use of the Services; and access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal and non-commercial use;

(iv) You will not use the Application for sending or storing any unlawful material or information or for fraudulent purposes;

(v) You will not use the Application to cause nuisance, annoyance, inconvenience or make fake bookings;

(vi) You will have no intention or action which may cause disrepute, defamation, humiliation, threatening, disturbance or victimization against any End User, Training Instructor, the Company or partners of the Company, or the Application;

(vii) You may not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Application and the Services except as expressly permitted by the Company;

(viii) You may not decompile, reverse engineer or disassemble the Application.

(ix) You may not link to, mirror or frame any portion of the Application;

(x) You may not use or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Application or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;

(xi) You may not attempt to gain unauthorized access to or impair any aspect of the Application and the Services or its related systems or networks.

⚑ Applied for the End User:

Notwithstanding other representation and warranties stipulated herein, as the End User, you represent, warrant, undertake and agree that:

(i) You will not contact the Training Instructor for purposes other than the Services;

(ii) You will not use the information of the Training Instructor for purposes other than the Services;

(iii) You will not intentionally or unintentionally cause or attempt to cause damage to the Training Instructor;

(iv) You will not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Services by new or existing End User;

(v) You will not cause a nuisance or behave in an inappropriate or disrespectful manner towards the Company and/or the Training Instructor regardless of any misgivings that you may have against the Company or the Training Instructor;

(vi) You will not provide or disclose your password or password of other End User, including their personal information or for purpose of collecting such personal information;

(vii) You will not allow any other person to use the Services under your name or other End User’s name;

(viii) You will not schedule or share your booking code under your name or other End User’s name to any other person;

(ix) Your use of the Application, the Services and/or any in-app features will be subject to the Company’s Privacy Policy as may be amended from time to time; and

(x) You will assume full responsibility and liability for all loss or damage suffered by yourself, other End User, the Training Instructor, the Company or any third party as a result of any breach of this Terms and Conditions.

⚑ Applied for the Training Instructor:

Notwithstanding other representation and warranties stipulated herein, as the Training Instructor, you represent, warrant, undertake and agree that:

(i) You satisfy and shall maintain such satisfaction of all regulated conditions and are allowed to provide instruction training of the fitness or yoga in accordance with Vietnamese law at all time;

(ii) You own, or have the legal right or authority to use place of training where must be suitable, legitimate and satisfy all conditions for training in according with Vietnamese law;

(iii) You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to personal injuries, death, total loss and property damages which is due to or is alleged to be a result of the training instruction service;

(iv) You shall obey all Vietnamese laws related to the operation of a training instruction service and will be solely responsible for any violations of such laws;

(v) You shall not contact the End User for purposes other than to providing fitness or yoga training under the Services;

(vi) You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, whether or not through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Services by new or existing the Training Instructor; and

(vii) You agree that your use of the Services will be subject to the Company’s Privacy Policy as may be amended from time to time.

4. Payment

⚑ Applied for the End User:

You understand and agrees that use of the Services may result in charges to you for the fitness and yoga training service you receive from a Training Instructor (“Training Instructor Fee”).

After you have selected the Training Instructor and the relevant package provided (which includes a number of training sessions with the Training Instructor), the Training Instructor Fee for such package will be set out on the Application.

Upon such selection, the Training Instructor Fee are due immediately and shall be paid in full for by you by way of credit card and or debit card (the “Card”) or e-wallet or other payment method designed in the Application. After which the Company will send you a receipt by email.

Payment of the Training Instructor Fee in such manner set out in this clause shall be considered the same as payment made directly by you to the Training Instructor. The Training Instructor Fee will be inclusive of applicable taxes where required by law.

The Training Instructor Fee paid by you is final and non-refundable, unless otherwise determined by the Company. The Training Instructor will commence to provide training instruction service after the Company received fully payment of Training Instructor Fees from the End User.

You shall be responsible to resolve any disputes with your Card issuer on your own.

⚑ Applied for the Training Instructor:

The Training Instructor Fee will be collected by the Company on behalf of the Training Instructor including the software usage fees, which must be paid by the Training Instructor to the Company.

The Company shall transfer relevant portion of the Training Instructor Fee to the Training Instructor, which is calculated pro-rated based upon the number of fitness training sessions fulfilled and performed by the Training Instructor and after deduction of all relevant commission, which is the remuneration for the Services provided by the Company to the Training Instructor, at a percentage agreed between the Training Instructor and the Company, imposed taxes and costs payable to third parties. Any such payment by the Company to the Training Instructor following this scheme is net, final and uncontested.

The relevant portion of the Training Instructor Fee shall be transferred to the Training Instructor╩╝s bank account no later than thirty (30) calendar days upon confirmation from the End User on the number of training sessions having been fulfilled and performed to the End User’s satisfaction.

The Company may, at its sole discretion, make promotional offers with different features and different rates to any of the End User whereby these promotional offers shall accordingly be honored by Training Instructor. The Company may determine or change the Training Instructor Fee as the Company deems in its absolute discretion as necessary or appropriate for the business.

5. User Contents

You can create, post or share content, ratings, reviews, materials, data, information, text, photos and/or other materials (“User Content”) in the Application. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

(i) User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;

(ii) User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or that would otherwise create liability or violate any local, national or international law;

(iii) User Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right, or any other right, of any party;

(iv) Unsolicited promotions, political campaigning or commercial messages (SPAM), or any chain messages or User Content designed to deceive or trick a user of the Services;

(v) Private information of any third party including, but not limited to, addresses, phone numbers, email addresses, identification numbers and credit card numbers; and

(vi) Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Services without the Company’s express written consent.

In all cases, the Company reserves the right to remove or refuse to allow you to post User Content on the site for any reason or without providing a reason, including User Content, in the sole discretion of the Company, violated the Terms and Conditions and/or other relevant regulations, policies, and terms in the course of using the Services. The Company may perform these actions without prior notice to you or any other third party. 

You are solely responsible for all User Content posted by yourself. The Company is not responsible for User Content and only confirms the authenticity of the information in User Content. You AGREE that if any individual, organization appeal the Company related to User Content posted by you, to the extent permitted by law, you must indemnify and defend the Company against all damages, losses and expenses (including fees and legal service fees) arising from such claims.

Any User Content provided by you remains your property. However, by providing User Content to the Company, you grant the Company a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including matters relating to the Services and business operations of the Company and matters related to websites and services of the third-party), without notice to or with consent from you, and the Company will not have to pay any fees to you or any other person or entity.

You may terminate this permission by deleting your posted content or account. However, the content will continue to appear if you has shared it with the others and they have not removed it.

You should read the terms of this User Content with the Privacy Policy (which can be found in the Application) to understand better and fully how to collect and use the User Content of the Company and the relevant parties.

By using the Application and Services, you knowledge and warrant that:

(i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant the Company the license to the User Content as set forth above;

(ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor the Company’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation;

(iii) you authorize the Company to use your name, avatar and information about your actions on the Application alongside or related to advertising, offers and other sponsored content displayed by Company on our Applications and/or Services without compensation to you.

The Company always appreciates your feedback or other suggestions about the Services and the Application, but you understand that the Company may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

6. License Grant & Restrictions

The Company and its licensors, where applicable, hereby grant you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application in connection with your use of the Service, solely for your own personal and non-commercial purposes, subject to the Terms and Conditions herein.

You shall not use the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (v) attempt to gain unauthorized access to the Application or its related systems or networks; or (vi) impersonate any person or entity (vii) abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

7. Intellectual Property Ownership

The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Application and by extension, the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services.

The Terms and Conditions do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Services and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. The Company name, the Company logo, the Services and/or the Application and the providers’ logos and the product names associated with the Application are trademarks of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term Application herein shall include its respective components, processes and design in its entirety.

8. Confidentiality

Each of the Parties hereto undertakes that it shall at all times keep all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies as well as any information relating to third party providers’ services which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this agreement, and shall not cause this Agreement or any and all other related documents or any part thereof to be made known or otherwise disclosed to any other party. The Parties hereto acknowledge and agree that this undertaking of confidentiality shall survive termination of this Agreement.

9. Third Party Interactions

The Application and Services may be made available or accessed in connection with third party services and content (including advertising) that the Company does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. The Company does not endorse such third party services and content and in no event shall the Company be responsible or liable for any products or services of such third party providers.

The Services and all rights therein are and shall remain the Company╩╝s property. Neither these Terms and Conditions nor your use of the Services convey or grant to you any rights:

(i) in or related to the Services except for the limited right granted above; or

(ii) to use or reference in any manner the Company, or the Application’s name, logo, product and service names, trademarks or services marks.

The Company provides the Services to you pursuant to the Terms and Conditions. You recognize, however, that certain third party providers of training instruction service may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers.

10. Internet

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device.

You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto.

The Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

11. Disclaimer, Limitation of Liability and Indemnity

The Company DOES NOT and DOES NOT INTEND TO provide fitness and yoga training services, and any similar service that may be construed in any way as conducting sports business according to Vietnamese Law. Therefore, the Company is not responsible for fitness and yoga training service that the Training Instructor provide to the End User.

The Services is provided “as is” and “as available”. The Company disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these Terms and Conditions, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

In addition, the Company makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free.

The Company does not guarantee the quality, suitability, safety or ability of the Training Instructor. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

The Company shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from your use of or reliance on the Services or your inability to access or use the Services; or any transaction or relationship between you and the Training Instructor, even if the Company has been advised of the possibility of such damages.

The Company shall not be liable for delay or failure in performance of the Services resulting from causes beyond the Company’s reasonable control.

The Services may be used by the End User to request and schedule fitness and yoga training service with a Training Instructor, but you agree that the Company has no responsibility or liability to you related to the training service provided to you by the Training Instructor.

The End User agree to indemnify and hold the Company and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with:

(i) your use of the Services or services or goods obtained through your use of the Services;

(ii) your breach or violation of any of these Terms and Conditions;

(iii) the Company’s use of your User Content; or

(iv) your violation of the rights of any third party, including the Training Instructor.

12. Assignments

You may not assign these Terms and Conditions without the Company’s prior written approval. The Company may assign these Terms and Conditions without your consent to:

(i) a subsidiary or affiliate;

(ii) an acquirer of the Company’s equity, business or assets; or

(iii) a successor by merger.

Any purported assignment in violation of this clause shall be void. No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third parties as a result of this agreement or use of the Services.

13.General

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under applicable law.

The Company’s failure to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.

This Agreement is made in bilingual English and Vietnamese languages. In the event of a dispute about the contents or interpretation of these contents in Vietnamese version or in the event of a conflict, ambiguity, inconsistency or discrepancy between the English version and Vietnam version of these Terms and Conditions, the English language version shall prevail, apply and be binding and conclusive. The English version shall be used in legal proceedings. The English version shall be sent to you upon written request.

These Terms and Conditions and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of Viet Nam.

Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by Vietnam International Arbitration Centre (VIAC) at the Chamber of Commerce and Industry of Vietnam in accordance with VIAC’s Rules for the time being in force.

The dispute shall be resolved by three arbitrators to be appointed with the VIAC rules and the language of the arbitration shall be in English.