Terms and Conditions

 

LEGAL NOTICE

TERMS AND CONDITIONS

 

1.- INTRODUCTION

These  Terms and Conditions govern the use of the Awaken which is accessible either via website or mobile app  (hereinafter referred to as “AWAKEN).. .

Upon registration, all users must accept these Terms and Conditions. Furthermore, these General Terms and Conditions are complemented with the Data Privacy Policy and Cookie Policy, available to all users.  Some website services, accessible to users, may be subject to specific terms, regulations and instructions which, as the case may be, may replace, complete and Provision of Website services will be limited to the time during which users are on-line or for the duration of any services provided. Consequently, all users must carefully read the Legal Notice uploaded on  AWAKEN , each time they intend to use it, as it may change without prior warning.

  1. 2. DEFINITIONS AND BASIC CONCEPTS

2.1. What is awaken?

AWAKEN  is a website or mobile app belonging to Asia Assistance Network (M) Sdn Bhd (“Asia Assistance”, “we”, “usor our”) where users will be able to access the content and services offered by the AWAKEN. .

 

2.2. Who may access AWAKEN?

AWAKEN  is open to eligible users only.

2.3. What advantages are obtained by AWAKEN registered users?

Platform registered users may enjoy all the functionalities and contents offered by Awaken either   through website and/or mobile app :

  • Home page
  • Blog
  • Legal information
  • Contact details
  • Information on cookies
  • Link to stores where the mobile app may be downloaded (Apple Store and Google Play)
  • Access to request an invitation
  • Access to start up the registration process
  • Access to register an activity
  • Access to the explanatory video

If using the mobile app, once it is downloaded the following content may be accessed:

  • Home page
  • Access to request an invitation
  • Access to start up the registration process
  • Access to register an activity
  • Timeline: A user activity page
  • Activity registration and challenges: pages where a user may synchronise his/her activity or manually enter activities, as well as defining challenges.
  • Section on the sale of third party medical and wellbeing services
  • Associated services section
  • Healthy tips section: page where the user may consult articles related to health, wellbeing and sports.
  • Third party doctor
  • Activity and challenge history: section where the user may follow up on his/her past or ongoing activity.
  • User profile

2.4. Disclaimer for third party services and products

We will not be directly or indirectly liable for any information, contents, affirmations and expressions contained in third party products and services offered through AWAKEN. . This liability will at all times rest with the suppliers of such products and services. All users accept and understand that  Asia Assistance and the AWAKEN Platform are mere intermediaries between them and the service and content suppliers

2.5. Privacy and personal data protection policy

Any personal data provided by users through the AWAKEN will be processed as foreseen in our  Data Privacy Policy.

All users must read and accept such Privacy and Data Privacy Policy before providing their personal data to us.

We  reserve the right to directly and automatically deregister any user who breaches the rules foreseen in these Terms, or who unduly uses the advantages and benefits offered through the AWAKEN. . Such user may be eventually held liable for the consequences of such breach.

Any registered user who is deregistered from the AWAKEN  will no longer be entitled to its advantages, services, contents and promotions.

  1. TERMS IN WHICH TO USE WEBSITE AND APP SERVICES AND CONTENTS

These Terms and Conditions  regulate free access and use of the AWAKEN hosted under the domain name and of the AWAKEN platform. . Access or use of the AWAKEN constitutes the user’s acceptance of these Terms and Conditions.

Access to the AWAKEN  is cost-free, except for the cost involved in connecting through the telecommunications network supplied by the provider hired by the user. Certain services are exclusive and provided on a pay-only basis for certain users and their access is restricted.

3.1. Registration and password

Access to services provided through the AWAKEN require prior user registration, for which a password will be chosen to enable his/her personal identification. When requesting personal data, the Data Privacy Policy will apply.

All assigned passwords will be personal and inalienable and no assignment is permitted, not even provisionally, to third parties. Consequently, all users undertake to diligently use the password assigned and to keep it secret, in order to access the AWAKEN and/or its services.

3.2. Types of use not permitted

Users may in no event change or erase any existing identification details, related to rights of Asia Assistance or third parties. Users may only access contents through the means or procedures made available to them for this purpose on the AWAKEN , or which are regularly used on the Internet, provided that this does not entail a breach of any intellectual or industrial property rights or causes any type of damage to the website and/or its information or offered services.

All users undertake to use any contents and services diligently, legally, adequately and lawfully. In particular, as a mere example without limitation, they undertake to refrain from:

  1. using the contents and services in a manner and for purposes that are contrary to law, morality and generally accepted good practices, or the public order;
  2. using the contents and services in such a way as to actually or potentially cause effects that are contrary to law, morality, generally accepted good practices or the public order;
  3. transferring or disseminating information, data, contents, messages, diagrams, drawings, sound and/or image files, photographs, recordings, software and, in general, any obscene, offensive or vulgar material, or which encourages criminal, denigrating, defamatory, dishonourable or violent conduct or, in general, which is contrary to law, morality, generally accepted good practices or the public order;
  4. reproducing, copying or distributing the contents, or allowing public access thereto through any form of public communication, or transforming or changing them, unless the holder of the rights in question has authorised this, or this is permitted by law;
  5. infringing any intellectual or industrial property rights belonging to Asia Assistance Network (M) Sdn Bhd or third parties;
  6. using the services and contents in such a way as to damage or overload the AWAKEN platform’s operation;
  7. carrying out fraudulent transactions, or which could facilitate any illegal or fraudulent content whatsoever; and
  8. using the contents and services and, in particular, any information whatsoever obtained through the Platform, for any advertising purpose, to particularly include delivery of advertising, communications for direct sales or any other type of commercial purpose, unsolicited individualised messages or spam, or to otherwise distribute or divulge such information.

As foreseen by law, users will be liable for any loss and damage whatsoever that Asia Assistance Network (M) Sdn Bhd may directly or indirectly suffer as a consequence of breaching any of the obligations derived from these Terms and Conditions  or the law, related to use of the website.

3.3. Use of the website and mobile app: liability

Each user will be fully responsible for adequately using the website, pursuant to current law, further to the principles of good faith, morality and the public order. Users must diligently follow any instruction provided to them, related to such use and access, as foreseen in these Terms and Conditions.

Users will be obliged to make reasonable use of the website and mobile app, contents included, based on the possibilities and purposes for which they were conceived.

Each user will be solely liable for any information, opinions, allusions or contents whatsoever he/she may communicate through the website or mobile app.

3.4. Disclaimer

3.4.1. For contents provided through the website or mobile app

If any of the contents, files, information, advertising, opinions, concepts and images hosted on the website or mobile app were contrary to law, , morality, good faith and the public order, or were to contain any type of malware or similar software routine, these will be immediately withdrawn. Asia Assistance  hereby disclaims all liability for any contents, files, information, advertising, opinions, concepts and images that do not depend on the website or mobile app, or which are not under its management.

Asia Assistance  will not be held directly or indirectly liable for misuse of the website or mobile app, contents included, by its users. Asia Assistance  hereby disclaims all liability for any misuse of the website or mobile app contents, and the person accessing or using the same will be fully liable.

3.4.2. For contents hosted on pages accessed from the website or mobile app

Asia Assistance  will not be liable for any of the contents, files, information, advertising, opinions, concepts and images that are issued, published or distributed, directly or indirectly, through any interconnected website, or which may be accessed through the website or mobile app, through links, or any services linked or related to such interconnected site. Likewise, Asia Assistance hereby waives all liability for any services, goods or products that may be purchased or hired from third parties through a website link, particularly if the purchasing or hiring process is directly executed on the third party’s website, and even if frames are displayed with web page branding.

 

3.4.3. For operation of the website and mobile app

Asia Assistance  will provide its services and contents in a continuous manner, using any technical means within its reach in order to satisfactorily provide them. Asia Assistance, if deemed appropriate, may make corrections, improvements or changes in the website or mobile app information, in their services or contents, without this entailing or granting entitlement to any claim or indemnification, or constituting an acknowledgement of any liability.

Asia Assistance  hereby waives all liability for any loss and damage whatsoever that may arise from the availability and technical continuity of the website or mobile App’s operation, in events of force majeure.

In any case, Asia Assistance  will take all the necessary steps to restore its services after a technical failure.

Asia Assistance  will not be liable for any misuse of user passwords to access website or mobile app contents or services. Asia Assistance  reserves the right to interrupt website access, as well as the provision of any or all the contents provided through the same, at any time and without prior notice, for technical, security, control or maintenance reasons, if there is a power outage, or for any other founded cause.

3.5. Intellectual and industrial property

, Asia Assistance Network (M) Sdn Bhd as the author of the collective work making up the website or mobile App, legitimately owns all related industrial and intellectual property rights.

It will be forbidden to reproduce, distribute, publicly communicate or transform all or part of the contents (images, texts, designs, indexes, shapes, etc.) making up the Website or App, to generally include any exploitation act, as well as the databases and software required for its viewing or operation, unless this is expressly and previously authorised by Asia Assistance Network (M) Sdn Bhd in writing.

Users may in no case exploit or make commercial use, directly or indirectly, in whole or in part, of any of the contents (images, texts, videos, designs, indexes, shapes, etc.) making up the website or mobile app, without Asia Assistance Network (M) Sdn Bhd prior and written authorisation.

All contents, without exception and limitation, making up this website or mobile App, i.e. information, photos and videos, articles, data, texts, logos, icons, pictures, design and image (external appearance or “look & feel”), video and audio files, databases, computer applications, are owned by Asia Assistance Network (M) Sdn Bhd or are exploited under third party licences, holding any intellectual and/or industrial property rights over such contents.

 

3.6. Changes and amendments in the Terms and Conditions

Asia Assistance may at any time change these terms or introduce new Terms and Conditions, for which it will suffice to make an announcement through the website or mobile app.

If an unforeseen supervisory action, legal or regulatory measure were to take place which, in Asia Assistance’s reasonable opinion, materially restricts or renders provision of the service commercially unfeasible, Asia Assistance  will be entitled to:

(i) change the service or the terms and clauses of these conditions, in order to adapt to the new situation;

(ii) terminate these terms and conditions.

3.7. Applicable law and jurisdiction

Any dispute arising out or in connection with the issue herein shall be settled by the relevant court that has jurisdiction over the case.

  1. 4. THIRD PARTY LINKS (INBOUND)

The  AWAKEN platform access service may include technical hyperlinks, directories and, even, search engines, allowing users to access Internet websites (hereinafter, the “Linked Sites”). In these cases, Asia Assistance Network (M) Sdn Bhd will act as a servicer pursuant to Article 17 of Act 34/2002, of 11 July, on Information Society Services and Electronic Commerce [Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y el Comercio Electrónico] (hereinafter, the “LSSI”) and will only be liable for the contents and services provided on the Linked Sites insofar as it is effectively aware of their illegality or ability to harm third party goods or rights, and fails to deactivate the link with due care.

If a user were to consider that a Linked Site exists, with illegal or inadequate contents, he/she may duly inform Asia Assistance Network (M) Sdn Bhd at the contact address indicated in section one above, stating:

  1. name, address, telephone number and e-mail address of the notifying party;
  2. a description of the facts disclosing the illegality or inadequacy of the Linked Site; and
  3. an express statement that the information contained in the communication is accurate. In no event will this communication entail an obligation to withdraw the link in question or, as provided in the LSSI, will constitute effective knowledge of the activities and/or contents informed by the notifying party.

In no event will the existence of Linked Sites presuppose that agreements are in place with their managers or owners, or Asia Assistance Network (M) Sdn Bhd’s recommendation, promotion or agreement with such statements, contents or services provided.

Asia Assistance Network (M) Sdn Bhd is unaware of the contents and services of any Linked Sites and, consequently, will not be liable for any damage caused by the illegality, quality, outdating, unavailability, error or uselessness of the contents and/or services on the Linked Sites, or for any other damage not directly attributable to Asia Assistance Network (M) Sdn Bhd, except as foreseen in Article 17 LSSI.

If users decide to visit and/or use any of the Linked Sites, they will do so at their own risk, and must take the necessary protection measures against virus and other harmful components.

  1. 5. LINKS TO THE WEBSITE (INBOUND)

Any Internet user intending to introduce links from its own web pages to the Website will follow the conditions described below; unawareness of the foregoing will not exclude it from legal liability:

  1. A link may only be connected to the Website’s home page, but may not reproduce it in any way (inline links, deep-links, browser or border environment, copy of texts, diagrams, etc.);
  2. In accordance with applicable laws at all times, it will in any case be forbidden to establish frames of any kind surrounding the Website, or allowing contents to be viewed through Internet addresses other than the Website and, in any case, if jointly viewed with contents outside the Website, in such a way as to: (i) actually or potentially mislead or deceive users as to the actual source of the service or contents; (ii) constitute a comparison or unfair imitation; (iii) be used to take advantage of Asia Assistance Network (M) Sdn Bhd brand awareness and prestige; or (iv) if otherwise forbidden by current laws;
  3. The web page of the inbound link may not make any type of statement or indication that is false, inaccurate or incorrect, about Asia Assistance Network (M) Sdn Bhd in general, or their employees, clients or quality of the services provided;
  4. In no event will it be stated or suggested on the web page where the link is located that Asia Assistance Network (M) Sdn Bhd has provided its consent to insertion of the link or that it otherwise sponsors, collaborate, verifies or supervises the sender’s services;
  5. It will be forbidden to use any denominational, graphic or combined trademark, or any other distinctive sign of Asia Assistance Network (M) Sdn Bhd, in the sender’s web page, except for the cases permitted by law or expressly authorised therein, and provided that a direct link is allowed to the Website, in the manner foreseen in this clause;
  6. The web page establishing the link must accurately comply with the law and may in no case dispose of or provide a link to own or third party contents which:
    1. are illegal, noxious or contrary to morality and good practices (pornographic, violent, racist, etc.);
    2. actually or potentially induce users to mistakenly believe that Asia Assistance Network (M) Sdn Bhd are subscribing, endorsing, adhering to or otherwise supporting the sender’s ideas, statements or expressions, whether legal or illegal;
  • are inappropriate or not pertinent to Asia Assistance Network (M) Sdn Bhd’s activity, given the place, contents and theme of the sender’s web page; and
  1. Establishing any such link will in no case mean that relations exist between Asia Assistance Network (M) Sdn Bhd and the owner of the web page in question, or Asia Assistance Network (M) Sdn Bhd acceptance or approval of the contents or services offered therein and made available to the public.