These Terms and Conditions (“Terms“, “Terms and Conditions“) govern your relationship with www.powerman.my website (the “Service“) operated by Fresh Events Asia Sdn. Bhd. (“us“, “we“, “our“, or “Fresh Events”). Please read these Terms and Conditions carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
AVAILABILITY, ERRORS & INACCURACIES
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
CONTESTS, SWEEPSTAKES AND PROMOTIONS
The Service and its original content, features and functionality are and will remain the exclusive property of Fresh Events. The Service is protected by copyright, trademark, and other laws of both Malaysia and foreign countries. The trademarks and trade-dress may not be used in connection with any product or service without the prior written consent of Fresh Events. By submitting, posting or displaying any content, pictures, videos and other materials on the Service, including via third party platform such as Facebook, Twitter, YouTube, Instagram, Spotify, and Google+, you grant to us a worldwide, non-exclusive, royalty-free perpetual and irrevocable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content, pictures, videos and/or other materials in any and all media, advertising, marketing or other distribution methods whether now known or later developed. You agree to waive all right to any future compensation to which you may otherwise be entitled as a result of any use of these.
LINKS TO OTHER WEBSITES
Our Service may contain links to third party websites or services that are not owned or controlled by Fresh Events. Fresh Events has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Fresh Events shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
LIMITATION OF LIABILITY
In no event shall Fresh Events, nor its directors, employees, partners, licensees, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Fresh Events, its directors, employees, partners, licensees, agents, suppliers, and its affiliates do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without any notice requirement or obligation to you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
DISMISSAL, CANCELLATION AND REFUNDS
POWERMAN reserves the right, in its sole discretion, to dismiss any participant from the activities, to deny or revoke entry of any applicant at any time, and/or to disqualify participant from the Event. If you are dismissed or depart for any reason, you agree you are responsible for all costs of early departure whether for medical reasons, dismissal, personal emergencies or otherwise. If your entry application is denied or revoked, you agree POWERMAN is not responsible for costs incurred or damages suffered by you or your family in excess of the amount of the entry fee. You acknowledge and agree that POWERMAN, in its sole discretion (whether for safety reasons, legal reasons, or any other reason), may: (i) at any time, with or without notice, change or modify the race course, distances, routes, elevation, ascents, difficulty level, or any other race-course or Event aspect; or (ii) delay or cancel the Event (or any leg(s) of the race) if it believes the conditions are unsafe or otherwise unsuitable for the Event. If the race course or Event is changed, modified, delayed, or cancelled for any reason, including but not limited to a Force Majeure Event, there will be no refund of POWERMAN’s entry fee or any other costs incurred in connection with the Event. A Force Majeure Event means any causes beyond the control of POWERMAN including but not limited to: (a) acts of God, flood, drought, air pollution (haze), earthquake or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom; (e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition; (f) collapse of buildings, fire, explosion or accident; (g) any labour or trade dispute, strikes, industrial action or lockouts; and (h) interruption or failure of utility service. Notwithstanding the foregoing, POWERMAN may issue, at its sole discretion, a partial or full refund of entry fee(s), by accounting for, among other considerations, the extent and nature of the cancellation. In all instances of Event cancellation, the maximum remedy for any cancellation of any part of the Event, if any, will be a refund of the entry fee after the deduction of all reasonable costs and expenses already incurred by POWERMAN in preparation for the Event and/or in connection with the purchase and refund of the Event entry. If the Event is postponed, you agree to be registered for the new date and for POWERMAN to email the Event details. You acknowledge that POWERMAN does not offer refunds of entry fee(s) for successful Events. You acknowledge that the payment of POWERMAN’s entry fee is a deposit, possessing the dual characteristics of earnest money and part-payment. You acknowledge that upon signing this Agreement you agree to attend and participate in the Event. You acknowledge and agree that POWERMAN has a legitimate interest in ensuring that you comply with this Agreement in order to ensure the smooth operations of the Event. You further acknowledge and agree that the cancellation fees set out in this Agreement are reasonable and proportionate to protect POWERMAN’s legitimate interest. You understand and agree that your name, bib number and race results will be available to the public during and after the Event. POWERMAN may assign this Agreement to other entity’s or individual’s (“assignees”) at any time, and any such assignment will grant assignees the full rights and protections accorded in this Agreement, consistent with POWERMAN’s and other Released Parties rights and protections under this Agreement. To the extent POWERMAN permits my Event registration to be transferred to another race, you acknowledge and agree that this Agreement will be deemed applicable to such other race. This Agreement is effective in regard to your participation in the activities from the date signed through the completion of all activities, and this Agreement will remain in full force and effect following the completion of all activities. This Agreement is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Agreement is deemed unlawful or unenforceable, it will not affect the enforceability of the remaining portions, and those remaining portions will continue in full force and effect.
ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
The Event can include but not be limited to: warm-up exercises; competitive running and cycling, both in practice and in the Event; participation in clinics, training, demonstrations or other games and activities, attendance at any activities, use of any equipment, facilities or premises and traveling in planes, vans, buses or other vehicles to and from activities (the Event and other activities collectively referred to in this Agreement as “activities” or “activity”). Activities may be scheduled or unscheduled, mandatory or optional, whether or not authorized and/or conducted by POWERMAN, structured or unstructured and include free time. I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Agreement as “risks”) of these activities can cause injury, damage, death or other loss to participant or others. I am voluntarily participating with knowledge of the risks. Therefore, I assume and accept full responsibility for myself, for the inherent and other risks (both known and unknown) of the activities, and for any injury, damage, death or other loss I may suffer, resulting from those risks, including but not limited to the risk of my, a co-participant’s, a Released Party’s, a spectator’s, a volunteer’s and/or a third party’s passive or active negligence or other misconduct.
RELEASE AND INDEMNITY
I hereby acknowledge and assume all of the risks of participating in the Event and agree as follows: to release and not to sue POWERMAN and/or its affiliates, International Powerman Association (“IPA”), any applicable federation and/or race sanctioning body, Event sponsors, Event organizers, Event promoters, Event producers, race directors, Event officials, Event staff, advertisers, administrators, contractors, vendors, volunteers, and all property owners and state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where the activities take place, and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Agreement as the “Released Parties”), with respect to any and all claims, liabilities, suits or expenses (including legal fees and costs) (collectively referred to in this Agreement as “claim” or “claim’s”) for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my participation in the activities, including use of any equipment, facilities or premises, howsoever caused, negligence, whether passive or active, of the Released Parties, and/or any breach by the Released Parties of statutory duty.
I grant to POWERMAN, its affiliates, designees, assignees, and sponsors the right and irrevocable permission to use, publish, and reproduce, for all purposes the following personal information in printed and electronic form: (i) Picture: including but not limited to photographic, motion picture, and electronic (video) images; (ii) Voice: including but not limited to sound and video recordings; (iii) Name: including but not limited to first name and surname; and (iv) Words: including but not limited to any audio, quotes or statements (collectively “images”). I hereby waive the right to receive any payment and/or compensation for signing this release and waive the right to receive any payment and/or compensation, now or in the future, for using any of the images for any of the purposes authorised by this release. I understand that all ownership and copyright rights in the images will be owned by POWERMAN, its assignees, or its designees, and I waive any inspection or approval rights.
If you have any questions about these Terms, please contact us: [email protected]
01 January 2023