Terms and Conditions
All participants need to fill in the Waiver form at: www.hyperactiv.us/waiver
Deviations from and additions to these general terms and conditions are only valid if agreed upon, in writing, by all parties involved.
In these terms and conditions, the following terms are to be understood under their subsequent definition:
a. Client: the natural or legal person who has instructed the contractor to supply or manufacture goods or services;
b. Contractor: the applier of the general conditions, in this case HyperActiv Pte Ltd
The applicability of any alternate purchase conditions or other conditions of the customer is explicitly rejected
Any and all electronic communication and/or faxes are regarded as written documents. Electronic data traffic is defined as messages sent by e-mail, Web, EDI (Electronic Data Interchange) and comparable forms of data transmission
A client who enters a contract under the Terms & Conditions as they exist at the time of agreement, accepts the applicability of these conditions to subsequent agreements between contractor and client.
If any provision of these terms and conditions is invalid or unenforceable, the remaining provisions of these terms and conditions will remain unaffected. Contractor and Client will, in that case, enter into consultations with the aim of agreeing on new provisions to replace the invalid provisions, whereby the purpose and intent of the invalid or void provisions are to be observed as much as possible.
These terms and conditions are subject to change. If and when any changes are made, they are effective immediately, and communicated clearly on the website. If you disagree with the changes that have been made, you should not use our services.
We may terminate these terms and conditions for any reason and at any time without prior notification. If you are concerned about these terms and conditions, you should read them each time before you use our website. Any questions or concerns should be brought to our attention via e-mail, clearly outlining the particulars.
We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and supervision of a parent or legal guardian. If you are a minor, please do not disclose any personal information to us or any other website visitors without with the permission and supervision of a parent or legal guardian.
All offers and other statements by the Contractor are non-committal, unless explicitly stated in writing by the Contractor.
The Client is responsible for the accuracy and completeness of information provided to the Contractor, (by the Contractor, and/or on behalf of the Contractor. The Contractor will put together offers based on this information. The Client must always make sure that the requirements that are to be met by the Contractor are clear, accurate and complete.
The (mere) submission of a pricing, an estimate, a preproduction estimate or similar information, with or without a quotation, does not oblige the Contractor to enter into agreement with the Client.
Registration via the website only leads to an agreement if the entry form is completed and the full payment received by the Contractor.
Participants are registered on a first-come, first-served basis. If the maximum number of participants has been reached, the Contractor is free to refuse the Client’s application, and may offer an alternate activity. The Contractor is not obliged to compensate any damages incurred by the client.
All prices are exclusive of sales tax and other charges imposed by the government, unless explicitly stated otherwise. All prices are in Singapore Dollars (SGD), and the customer must effect all payments in Singapore Dollars (SGD) unless agreed upon otherwise.
All cost estimates and budgets issued by the Contractor are provisional, unless explicitly stated otherwise by the Contractor. A Client cannot lay claim to any rights or expectations based on cost estimates issued by the Contractor. The available budget, calculated by the Client and communicated to the Contractor, cannot be regarded as the agreed upon price for the services to be performed by the Contractor. The Contractor is obliged to notify the Client in the event that costs exceed the estimate or budget issued by the Contractor, unless a written agreement to the contrary has been reached between the parties.
If the client consists of several natural persons and/or legal persons, each of those persons are jointly and severally obliged under the agreement to pay the amounts due.
All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content, and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property. You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail.
If you believe that your intellectual property rights have been infringed upon, please notify us by e-mail, or by post. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
Unless otherwise agreed upon in writing, the Client does not have a claim to (intellectual) property rights of documents, drawings, materials, designs, models, illustrations, photographs, films, procedures, methods, texts, or any other common audio, visual and/or written documents or data carriers made available by the Contractor as part of the agreement. The Contractor does not transfer any IP Rights to the Contractor, unless stated otherwise. The Client may not record, publish, copy or make public any content developed by the Contractor, unless agreed in writing.
Unless otherwise agreed upon in writing, (intellectual) property rights of documents, drawings, materials, designs, models, illustrations, photographs, films, procedures, methods, texts, or any other common audio, visual and/or written documents, or data carriers made available by the Contractor, are not transferred to the Client. The Client is not permitted to record, reproduce, or disclose any of the aforementioned (intellectual) property without written permission by the Contractor.
The Contractor may change any set dates and times at any time.
The Client must check the start time 24 hours before the activity is set to begin.
The Contractor is within rights to amend the agreement forthwith, if during an activity the Client is not capable, physically or otherwise, of continuing the activity, as determined by the Contractor who has full and sole discretion to do so at all times. The Contractor may decide to allow the Client to join an alternate program, follow a different route, or cancel his or her involvement in the activity entirely. The Contractor is not liable for any damage and/or injury sustained by the Client. Nor is the Contractor obliged to refund the payments made by the Client and agreed upon in the contract.
Irrespective of the above stipulations, the Contractor is within rights to modify the contract in case of extreme circumstances, for example in case of emergencies.
The Contractor may terminate the contract in writing without notice, and effective immediately, in whole or in part if: the Client has been granted suspension of payment (provisional or otherwise); the Client has filed bankruptcy; the Client’s company has been liquidated or terminated for reasons other than reconstruction or merger; there has been a significant change in management over the Client's company. If termination follows from an instance of one of the aforementioned cases, the Contractor is not obligated to refund payments, nor liable for any damages.
Within 14 days after an online booking or purchase, the Client may cancel without cancellation fee notwithstanding any shipment costs which come at the expense of the Client. In case of cancellation of an activity by the client up to 30 days before start of the event, the Client’s cancellation fee – owned to the contractor - amounts to 50% of the principal sum and any additional costs. In case of cancellation by the Client within 14 days of days of the start of the event, cancellation fee amounts to 100% of the principal sum and any additional costs.
The Client is entitled to nominate a replacement participant in case of cancellation, up to 48 hours before start of the activity provided by the contractor. In case the replacement candidate is accepted by the contractor, and a valid agreement between the contractor and the replacement candidate has been realized, then the Client will owe no penalty to the Contractor. The Client, however, does remain jointly and severally liable, besides for the replacement participant, for all obligations arising from both contracts against the Contractor.
Cancellation and / or nomination of a replacement candidate by the Client must be in writing.
Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.
You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions
The Contractor's liability for indirect damages, consequential damages, lost profits, lost savings, loss of goodwill, damage through business interruptions, damage ensuing from claims by customers of the Client, damages related to the use of prescribed materials by the Client to the Contractor, damages to equipment or software of third parties prescribed by the Client to the Contractor are excluded. Also excluded is the liability of the Contractor on account of mutilation, destruction or loss of data or documents.
The exclusions and limitations of liability of the Contractor, as described in the preceding paragraphs of this article, do not affect the other exclusions and limitations of liability of the Contractor in accordance with these terms and conditions.
Client shall safeguard the Contractor against all claims from third parties.
The Client shall be adequately insured for all damages and any consequential damage on all possible claims that may arise during the activity and will stay adequately insured during the execution of the agreement.
The Client shall in any case have the following insurances (I) health insurance (II) liability (including liability for damage caused to persons and / or property owned by the Client) and (III), travel and / or mountaineering insurance (IV) an insurance on loss and damage to property and affairs of both clients and Contractors (causes including fire and theft).
The Contractor is not obliged to fulfill any obligation, including any warranty obligation agreed upon between the parties, if the party is prevented from doing so due to a force majeure. Force majeure shall include: (i) force majeure of suppliers (ii) failure to properly fulfill obligations by suppliers arranged by the Client to the benefit of the Contractor, (iii) Deficiency of items, equipment, terrain, software or materials of third parties whose use set by the Client to the Contractor, (iv) governmental actions, (v) electricity failure, (vi) internet, computer or telecommunication facilities malfunctioning, (vii) war, (viii) work occupation, (ix) strike of Contractor’s personnel, representatives or relevant 3rd parties (x) general transport of the Contractor’s personnel, representatives or relevant 3rd parties (xi) the unavailability of one or more employees.
The Contractor has the right to terminate the agreement in the event of a force majeure situation described above. The services already performed under the agreement, will be settled proportionately in that case, without the parties owing each other anything for the remainder.
If you are making video's/photos of your training activities and share it on the internet, we are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove any material posted on our websites.
The Client is not entitled to sell and/or transfer the rights and / or obligations under the agreement to a third party, without the prior written consent of the Contractor.
As with all physical activities, application of the Wim Hof Method (WHM) and any related practices entails some degree of physical and mental risk. Be cognizant of your own capabilities and limits, both physical and mental, and act accordingly. If you have any concerns or questions regarding particular exercises, always feel free to reach out to us or the WHM-community ().
Adhere to the following precept at all times: NEVER CONDUCT WHM-RELATED ACTIVITIES IN PLACES WHERE LOSING CONSCIOUSNESS IS EXTREMELY DANGEROUS (e.g. in water, whilst driving, etc.).
When you act on knowledge or insight, perceived or otherwise, pertaining to the Wim Hof Method, and related matters discussed on our online spaces (e.g. websites, social media, YouTube), podcasts, books, manuals, or other content outlets, or those of related third parties, you do so voluntarily, and assume full responsibility. Accordingly, you agree to not hold Innerfire or its representatives, agents, suppliers, etc. responsible for any injuries or damages (you may incur) as a result.
The Wim Hof Method and associated exercises and techniques are not meant/intended to be performed in a competitive context. Go at your own pace and do not let your ego get in the way. Challenge yourself and show commitment, but don’t exceed personal limits in order to prove something to yourself or others. For most people, practicing the Method in a calm and consistent manner yields amazing results.
Nothing about the WHM method should be taken as medical advice. We may offer suggestions regarding physical and mental health —in the form of suggested exercises, nutrition, daily patterns, etc.— but such information is merely intended for educational and informational purposes, and we do not profess legitimate medical expertise. Furthermore, no recommendations or suggestions (whether specific or generic) should be regarded as medical diagnosis or treatment. For qualified advice regarding medical questions, please consult medical professionals.
You may place orders with us as instructed on our Platform. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. If we are unable to accept your order, we will let you know in writing and will not charge you for the Product ordered. This might be because: (a) the Product ordered is out of stock; (b) there are unexpected limits on our resources which we could not reasonably plan for; (c) we have identified an error in the price or description of the Product; or (d) we are unable to meet a delivery deadline you have specified. We will assign an order number to each order. Please tell us the order number whenever you contact us about your order. Our Platform is solely for the promotion of our Products in Singapore. We will provide the Products at such time or during such period as set out in our confirmation email. If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this), we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract. We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the description of the Products on our Platform. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. We may have to suspend the supply of a Product to: (a) deal with technical problems or make minor technical changes; (b) update the Product to reflect changes in relevant laws and regulatory requirements; or (c) make changes to the Product as requested by you or notified by us to you We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product, we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than three (3) months and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract. If you do not pay us for the Products when you are supposed to and you still do not make payment within fourteen (14) days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice. We will not charge you for the Products during the period for which they are suspended.
We only collect, use or disclose personal data for purposes for which an individual has given his or her consent. If you have provided Personal Data to us, you may at any time withdraw consent with reasonable notice and upon withdrawal of consent to the collection, use or disclosure for any purpose, we will cease such collection, use or disclosure of your Personal Data.