If we need to contact you, we may do so by email or by posting a notice on the Platform. Notice will be deemed given 24 hours after email is sent or notice is posted on the Platform. You agree that this satisfies all legal requirements in relation to written communications.
These Terms, and any dispute relating to these Terms or the Platform and/or Service, shall be governed by and construed in accordance with the laws of Malaysia without regard to the choice or conflicts of law principles of any jurisdiction. Each party submits to the exclusive jurisdiction of the Courts of Malaysia in relation to any disputes or claims arising out of or in connection with these Terms or the Platform and/or Service.
In the event that the law in a jurisdiction does not allow jurisdiction to be that of the courts of Malaysia or where judgment of a Malaysian court is unenforceable in that country, unresolved disputes shall be referred to the Singapore International Arbitration Centre (“SIAC”), in accordance with the Rules of the SIAC as modified or amended from time to time (“Rules”) by a sole arbitrator appointed by the mutual agreement of all the parties (“Arbitrator”). If the parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules.
The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by all the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
Any cause of action arising out of or in connection with these Terms or the Platform and/or Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
For us to waive a right under these Terms, the waiver must be in writing.
Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 5, 6, 7 and 11, continue in force.
If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid under any enactment or rule of law or by any court in any jurisdiction, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will remain in full force and effect and continue to be binding and enforceable on you.
These Terms set out everything agreed by the parties relating to your use of the Platform and/or Service and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty, guarantee or agreement relating to the Platform and/or Service that is not expressly set out in these Terms, and no such representation, warranty, guarantee or agreement has any effect from the date you agreed to these Terms.
You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to: (i) our subsidiary or related/affiliated company; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between you, KFit or any Partner as a result of these Terms or use of the Platform and/or Service.