Terms and Conditions

TERMS AND CONDITIONS OF USE

31 January, 2021

 

  1. INTRODUCTION

Asia Assistance Network (M) Sdn Bhd (“Asia Assistance”, “us”, “we”, “our”) is bringing to you the AWAKEN, a digital solution that allows you to measure your health and wellbeing. AWAKEN consists of several tailored plan that carries various range of services including but not limited to health assessment, health coaching, reward program and other personalized health recommendations (“Services”).

Use of the AWAKEN (either through website of mobile app) including use of any products or services available in AWAKEN will be governed by these terms and conditions. By using the AWAKEN, products or services, the user acknowledges and agree to these terms. Consequently, you must carefully read the terms and conditions on AWAKEN, each time you intend to use it, as it may change without prior warning.

  1. ELIGIBILITY

AWAKEN is not intended or designed for a minor. By using the Services, you warrant that you have attained majority age of at least 18 years old and have reviewed, understood and consent to the terms and conditions.

By using the Services, you agree warrant that you are responsible for your own health conditions including to consult your physician before you participate in any of the programs under the Services including workouts, exercises or any other activities that are available through or enhanced by the Services.

 

  1. BINDING AGREEMENT

 

By accessing, using or downloading any of the Services, you unequivocally agree to follow the terms and conditions herein. You agree that the access, using, downloading or utilising any of the Services is made voluntarily and at your own discretion. If you do not agree with the terms and conditions, do not proceed and as a result you will not be able to use the Services.

  1. MODIFICATION

Asia Assistance reserves the right, at its own discretion to revise, amend, add or remove any portions of the terms and conditions at any time without prior notice to you.  You agree that by using the Services, you will periodically check the terms and conditions if there are any changes. If you continue using the Services after we made any changes or modification to the terms and conditions, it shall be deemed that you agree and accept of such changes.

  1. THIRD PARTY PRODUCTS AND SERVICES

We may appoint a third-party provider(s) or supplier(s) to perform the Services. However, Asia Assistance shall not be held accountable directly or indirectly for any information, contents, affirmations and expression contained in the third-party products or services. This liability shall at all times rest with the third-party provider(s) or supplier(s). Additional terms and conditions may apply to the products or services provided by the third-party provider(s) or supplier(s). We advise you to read, understand the terms and conditions before using, purchasing or using to such products or services.

  1. INDEMNITY AND RELEASE OF LIABILITY

To the fullest extent permitted by law, you agree to indemnify, hold harmless and releases Asia Assistance, its board of directors, officers, employees, agents, successors and assigns from any liability,  claims, losses, damages, liabilities and expenses arising out:

  • your use of the Services;
  • your activities carried out by using the Services e.g. physical workouts, health assessment;
  • your connection or communication to the Services;
  • your use of misuse of any personal data;
  • any violation of the rights of any person.

Under no circumstances, will Asia Assistance be liable to you for any special, indirect incidental, punitive damages, consequential or exemplary damages resulting from performance of the Services by the third-party provider(s) or supplier(s) attributable to bodily injury, sickness, disease, death, or to injury or destruction or damage to property, including the loss there from, or to any violation of any law or regulation, which arises out of or is any way connected with the performance of the Services or resulting from the negligence or wrongful acts of the third-party provider(s) or supplier(s) acting within their scope of duties to perform the Services and your use of the Services or inability to use any part or all of the Services.

You agree that this release of liability is a reasonable and fair allocation of risk between you and Asia Assistance and form an essential basis of the bargain between you and us as we will not be able to provide the Services without this release of liability. This release of liability survives termination of expiration of the terms and conditions herein.

  1. DATA PRIVACY

Any personal data provided by you will processed in accordance with our Data Privacy Policy. Please read carefully, understand and accept our Privacy Policy before you provide your personal data to us.

  1. REGISTRATION AND PASSWORD

Access to the Services provided through the AWAKEN require prior user registration, for which a password will be chosen to enable your personal identification. All assigned passwords will be personal and inalienable, and no assignment is permitted, not even provisionally, to third parties. Consequently, you undertake to diligently use the password assigned and to keep it secret and confidential at all times. Do not share your password with any third parties for any reasons.

  1. TYPES OF USE NOT PERMITTED

AWAKEN may contain features where you can post, publish, upload content or information (except personal data) such as your physical activity or workouts data, your diet or sleeping activity, opinions, allusions or contents whatsoever (“Content”). You agree that you are entirely responsible for all the Content that you share through the Services. You hereby undertake to use the Content and Services diligently, legally, adequately and lawfully. In particular, as a mere example without limitation, you undertake to refrain from:

 

  • using the Content and Services in a manner and for purposes that are contrary to law, morality and generally accepted good practices, or the public order;
  • using the Content 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;
  • transferring or disseminating information, data, 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;
  • 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;
  • infringing any intellectual or industrial property rights belonging to Asia Assistance or third parties;
  • carrying out fraudulent transactions, or which could facilitate any illegal or fraudulent content whatsoever; and
  • using the contents and services and, in particular, any information whatsoever obtained through the AWAKEN digital platform (either website or mobile app) 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.

You will be fully responsible for adequately using the AWAKEN digital platform (either website or mobile app), pursuant to current law, further to the principles of good faith, morality and the public order. You must diligently follow any instruction provided to them, related to such use and access, as foreseen in these terms and conditions.

You shall be liable for any loss and damage whatsoever that Asia Assistance Network 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 AWAKEN digital platform (either website or mobile app).

  1. DISCLAIMER OF WARRANTIES AND LIABILITY

10.1  For contents provided through the AWAKEN platform (either website or mobile app)

If any of the contents, files, information, advertising, opinions, concepts and images hosted on the AWAKEN platform (either 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 user(s) and the person accessing or using the same will be fully liable.

 

10.2   For contents hosted on pages accessed from the AWAKEN platform (either website of 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.

10.3     For operation of the AWAKEN platform (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 on the AWAKEN platform (website or mobile app) including the 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 AWAKEN platform operation (either website or mobile app) in events of beyond its control.

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 your password to access the AWAKEN platform (either website or mobile app). Asia Assistance  reserves the right to interrupt your access to the AWAKEN platform (either website or mobile app), 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.

10.4              For the Services provided through AWAKEN

10.4.1 Asia Assistance makes no warranty that:

  • the Services will meet your requirements and expectations.
  • the Services will be uninterrupted, timely or error-free;
  • the results derived from the use of the Services is accurate;
  • the quality of the Services, information or other content obtained by you by using the Services will meet your requirements and expectations.

 

10.4.2 You expressly agree that Asia Assistance is not providing any form of medical advice through the Services. You should consult your physician or other healthcare provider immediately if you have any health-related issues. Do not disregard or delay in seeking medical advice and rely on the content or information you obtained by using the Services.

 

 

 

  1. INTERACTIONS WITH THIRD-PARTY PROVIDER(S) OR SUPPLIER(S)

You acknowledge that some of the Services serve as an avenue for you to connect or communicate with third-party provider(s) or supplier(s) e.g. for health coaching or recommendations. Asia Assistance is a neutral facilitator and shall not directly or indirectly involved in the actual communications between you and the third-party provider(s) or supplier(s). We have no control whatsoever over the performance of the third-party provider(s) or supplier(s), the quality or services, legality, safety or any content made by the third-party provider(s) or supplier(s). You must at all times exercise your own due diligence and make good judgement when dealing with the third-party provider(s) or supplier(s).

  1. THIRD PARTY LINKS (INBOUND)

The AWAKEN platform (either website or mobile app) access service may include technical hyperlinks, directories and, even, search engines, allowing you to access internet websites (hereinafter, the “Linked Sites”). In these cases, Asia Assistance 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.

Asia Assistance 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.

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

 

  1. LINKS TO THE WEBSITE (INBOUND)

Any internet user intending to introduce links from its own web pages to the AWAKEN platform (through its website) will follow the conditions described below; unawareness of the foregoing will not exclude it from legal liability:

  • A link may only be connected to the AWAKEN website home page, but may not reproduce it in any way (inline links, deep-links, browser or border environment, copy of texts, diagrams, etc.);
  • In accordance with applicable laws at all times, it will in any case be forbidden to establish frames of any kind surrounding the AWAKEN 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 brand awareness and prestige; or (iv) if otherwise forbidden by current laws;
  • 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 in general, or their employees, clients or quality of the services provided;
  • In no event will it be stated or suggested on the web page where the link is located that Asia Assistance has provided its consent to insertion of the link or that it otherwise sponsors, collaborate, verifies or supervises the sender’s services;
  • It will be forbidden to use any denominational, graphic or combined trademark, or any other distinctive sign of Asia Assistance, 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;
  • 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:

 

(i) are illegal, noxious or contrary to morality and good practices (pornographic, violent, racist, etc.);

  • Actually, or potentially induce users to mistakenly believe that Asia Assistance Network 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 activity, given the place, contents and theme of the sender’s web page; and
  • establishing any such link will in no case mean that relations exist between Asia Assistance and the owner of the web page in question, or Asia Assistance Network acceptance or approval of the contents or services offered therein and made available to the public.

 

  1. INTELLECTUAL PROPERTY

It will be forbidden for you to reproduce, distribute, publicly communicate or transform all or part of the contents (images, texts, designs, indexes, shapes, etc.) making up AWAKEN platform (either website or mobile app), to generally include any exploitation act, as well as the databases and software required for its viewing or operation.

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 or are exploited under third party licences, holding any intellectual and/or industrial property rights over such contents.

 

  1. SUBSCRIPTION FEE

 

There will be subscription fee for you to use the Services in accordance with the plan that you subscribed. You agree to pay the subscription fee due and incurred by your use of any of the Services. We will set up, arrange and administer the payment mechanism and you agree to follow the payment term and mechanism accordingly. We reserve the right to terminate your access and use of the Services for any non-payment of the subscription fees and or associated charges (if applicable). You agree that under no circumstances we will refund you any part of the subscription fee paid by you if you decide to terminate or not using the Services anymore.

 

  1. GOVERNING LAW

 

The terms and conditions hereof and any matter relating to the use of the Services shall be governed and construed in accordance with the laws of Malaysia. The parties agree and submit to the exclusive jurisdiction of the Courts of Malaysia.