TERMS AND CONDITIONS
WellFam Club
1. INTRODUCTION
1.1. Welcome to the WellFam Club platform (the "Site" or “Platform”). Please read the following terms and conditions (individually and collectively “Terms” or “Terms of Service”) carefully before using this Site so that you are aware of your legal rights and obligations with respect to Wellous Sdn. Bhd. and its affiliates and subsidiaries (individually and collectively “Wellous”, “the company”, "we", "us" or "our") YOU SHOULD AGREE TO THE TERMS OF SERVICE HEREIN BY CLICKING THE “I AGREE” OPTION BEFORE YOU MAY ACCESS AND/OR USE OUR PLATFORM OR SERVICES, IF YOU CLICK ON “I DO NOT AGREE” OPTION, YOU WILL NOT BE ABLE TO USE AND/OR ACCESS THE SERVICES PROVIDED ON THE SITE. The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content").
1.2. By using the Services, you represent and warrant that you have the right, authority and capacity to use the Services and to abide by the Terms of Service.
1.3. You hereby acknowledge that your access and use of our Services and/or register as our member constitutes your agreement to be bound by this Terms of Service, which establishes a contractual relationship between you and Wellous. This Terms of Service expressly supersede prior agreements or arrangements between Wellous with you (if any). Wellous may immediately terminate this Terms of Service or any Services or your membership with us, or generally cease offering or deny access to our Services or any portion thereof, at any time for any reason.
1.4. All data and/or password are end-to-end encrypted by us. Access to and the use of data and/or password protected and/or secure areas of the Platform and/or the use of the Services are strictly restricted to user with account only. You shall not obtain or attempt to obtain unauthorised access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.
1.5. Supplemental terms may apply to our Services from time to time, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Wellous’s Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms of Service for the purposes of our Services. Supplemental terms shall prevail over this Terms of Service in the event of a conflict with respect to our Services provided herein.
1.6. You may note that we may amend the Terms of Service related to the Services from time to time. Amendments will be effective upon our posting of such updated Terms of Service at this location or the amended policies or supplemental terms on the applicable Wellous’s Services. Your continued access or use of our Services after such posting constitutes your consent to be bound by the Term, as amended or updated.
1.7. Our collection and use of personal information in connection with the Services is as provided in Wellous’s Privacy Policy. Wellous may collect, use, process and/or disclose the personal information to any parties on a need-to know basis for the purposes, including but not limited to the consultation of professionals, the investigation of a complaint, dispute or conflict, use of point for the exchange of product purchase voucher, rewards on loyalty program, to ensure that the delivery address or recipient details are correct and/or any events which require disclosure (whichever applicable).
2. DEFINITIONS
Terms Definitions WellFam Club Refers to the Wellous member community platform. Accessible via app and webpage format. WellFam/ WellFam Club Members A term refers to the members of Wellfam Club. Alternatively, they can also be referred to as “members” Point Value (PV) Means the base point assigned for each Wellous product based on their prices in MYR currency. PV calculation is determined by the equation: 1 MYR = 1 PV (this may be different subject to the company promotions and discounts). The Point Value for each product is consistent across different regions. Rank Points Means the points obtained from the purchase of Wellous products. They are used to advance or maintain a member’s ranking. Reward Points Means the points obtained from the purchase of Wellous products. Members can use their Reward Points to redeem a Cash Voucher or Product Voucher. The Vouchers’ validity and utilization are subject to its respective Terms and Conditions, accessible in the Rewards section of WellFam Club. Points Multiplier A mechanism that enhances the accumulation of Rank and Reward Points for members based on their rank. As members progress through different ranks, their Rank and Reward Points are assigned a higher multiplier factor. Rank Refers to the ranking system of the WellFam Club. There are 5 different Ranks including Standard, Pro, Premium, VIP, and VVIP. Members advance to the next Rank by achieving the minimum Rank Points requirement for each Rank. Refers to the benefit which will be awarded through rank advancements, special occasions, and redemption. These Vouchers include: Vouchers Welcome Voucher – Awarded to members upon registration and reaching the Standard rank. Birthday Voucher – Voucher will be given during birthday month. For Pro-ranking members and above in Malaysia, Singapore, Hong Kong, and Macau only. Cash Voucher – Obtained through redemption of Reward Points. Product Voucher – Redeemed using member’s accumulated Reward Points. Exclusive Discount – For Premium members and above to enjoy exclusive discount for each purchase. Birthday Treat Refers to birthday benefits given in the form of Birthday Voucher to members with Pro ranking and above during their birthday month. It can be used once annually and can only be utilized during the birthday month, with a minimum purchase AI Health Quiz Means the personalized health assessment powered by AI to help members discover their overall health status. Account Manager Refers to the person or entity managing or handling the order and enquiries of members. Promotion Refers to any activities that fall under Wellous marketing plans for the year that allow Members to enjoy a range of different benefits or discounts. Wellous reserves the right to amend, edit, or change the terms and conditions related to each promotion. Exclusive Discount Special benefits that Members can enjoy once they have achieved the ranks of Premium, VIP, and VVIP. Exclusive Invitations Special benefits that Members can enjoy once they have achieved the rank of VVIP. Subscription Plan A recurring product subscription tailored to support your wellness journey with ease and consistency. Enjoy timely delivery of your favorite Wellous health and wellness products. eStore The official Wellous eStore. Members can shop for all their favourite Welous products.
3. THE SERVICES AND PLATFORM FEATURES
3.1 Our Platform is a website designed for our new and existing customers who join our WellFam Club as a new member which offers exciting rewards and benefits.
3.2 You may register as our member to be entitled to all the exciting benefits and features. You may check your information, your Reward Points accumulated for redemption of our cash voucher for discount on your purchase of our products on our Platform. Not only that, but the Rank Points accumulated by you will entitle you to different ranks which offer you with different exclusivities and privileges.
3.3 You agree to comply with any and/or all the notices, rules and policies, and instructions pertaining to the use of the Services and/or access to our Platform, as well as any amendments to the aforementioned issued by us, from time to time. We reserve the right to revise these notices, rules, policies, and instructions at any time, and you are deemed aware of and bound by any changes to the foregoing upon their publication on the Platform.
3.4 Some functionality of our Platform including the Services, may require the transmission of your information including but not limited to your name and password, address, e- mail address, the international mobile equipment identity number accessed in your device, phone-book information, information related to your membership account or GPS location (collectively, "User Information"). When you use such functionality of the Platform, you consent to the transmission of the User Information to Wellous, its agents and/or service providers and authorizes Wellous, its agents and/or service providers to record, process, and store such User Information as necessary for the Platform's functionality. You are solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on your device for purposes of the Platform, the provision of the Services and for all transactions and other activities undertaken by you registered in your name, whether authorised or unauthorised.
4. WELLFAM CLUB PROGRAMME
4.1. WellFam Club is a programme provides to Wellous’ customers which allows you to be registered as Wellous members and to accumulate Rank and Reward Points to be entitled for different benefits based on the ranks when you purchase any of our products. You will be entitled to accumulate points based on the PV that you collect for rewards, and that are redeemable based on Ranks. You will also be entitled to redeem Cash Voucher, Product Voucher, Birthday Treat, Exclusive Discount, and etc.
4.2. WellFam Club offers five (5) distinct membership ranks, which include Standard, Pro, Premium, VIP, and VVIP. These membership ranks are determined based on the accumulated points by members and each rank comes with different benefits and rewards. It is important to note that the specific benefits and rewards associated with each rank may vary depending on the geographical region in which the member is located. The details of these benefits and rewards for each rank in different regions are outlined in the table below: - Malaysia Rank Standard Pro Premium VIP VVIP Rank Points Required to Advance Rank 0 points (Join for free) 3,000 points 12,000 points 28,000 points 70,000 points Benefits & Perks Rank and Reward Points Multiplier - Earned 1.0x of Rank and Reward Points. * 1 PV = 1 Rank Point = 1 Reward Point x5 x6 x7 x7 x7 WellFam Vouchers - Use Reward Points to redeem Cash Voucher and Product Voucher -Enjoy seasonal vouchers from different WellFam campaigns Yes Yes Yes Yes Yes Manage Orders - Access to Wellous eStore and Subscription Plan - Track and manage your orders all in one place Yes Yes Yes Yes Yes Free Health Tips - Free access to an extensive range of informative health tips, including posts, videos, etc. Yes Yes Yes Yes Yes Company Newsletter - Free access to our electronic copy of the Company Newsletter to support our ESG initiative. Yes Yes Yes Yes Yes AI Health Quiz - Comprehensive health assessment program for key health areas. - Each completed assessment will reward members a total of 100 Reward Points. - Max of 1,200 Reward Points for completing all 12 assessments. Yes Yes Yes Yes Yes Account Manager - Assist customers regarding order/ product issues. - Free healthcare general consultation. - - Update customers on the latest promotion, campaign, and company activities. No Yes Yes Yes Yes Birthday Treat - Celebrate your birthday month with a complimentary product through Birthday Voucher. - Only applicable with purchase above RM250 No Wellous Products. Subject to regional availability. Exclusive Discount - Enjoy special pricing on purchases you make with our exclusive discounts. No No 3% (Capped at RM30) 5% (Capped at RM50) 10% (Capped at RM100) Exclusive Invitations - Access to invites for exclusive events or launching No No No No Yes Singapore Rank Standard Pro Premium VIP VVIP Rank Points Required to Advance Rank 0 points (Join for free) 3,000 points 12,000 points 28,000 points 70,000 points Benefits & Perks Rank and Reward Points Multiplier - Earned 1.0x of Rank and Reward Points. * 1 PV = 1 Rank Point = 1 Reward Point x5 x6 x7 x7 x7 WellFam Vouchers - Use Reward Points to redeem Cash Voucher and Product Voucher -Enjoy seasonal vouchers from different WellFam campaigns Yes Yes Yes Yes Yes Manage Orders - Access to Wellous eStore and Subscription Plan - Track and manage your orders all in one place Yes Yes Yes Yes Yes Free Health Tips - Free access to an extensive range of informative health tips, including posts, videos, etc. Yes Yes Yes Yes Yes Company Newsletter - Free access to our electronic copy of the Company Newsletter to support our ESG initiative. Yes Yes Yes Yes Yes AI Health Quiz - Comprehensive health assessment program for key health areas. -Each completed assessment will reward members a total of 100 Reward Points. - Max of 1,200 Reward Points for completing all 12 assessments. Yes Yes Yes Yes Yes Account Manager - Assist customers regarding order/ product issues. - Free healthcare general consultation. - - Update customers on the latest promotion, campaign, and company activities. - No Yes Yes Yes Yes Birthday Treat - Celebrate your birthday month with a complimentary product through Birthday Voucher. - Only applicable with purchase above SGD115. No Wellous Products. Subject to regional availability. Exclusive Discount - Enjoy special pricing on purchases you make with our exclusive discounts. No No 3% (Capped at SGD10) 5% (Capped at SGD20) 8% (Capped at SGD30) Exclusive Invitations - Access to invites for exclusive events or launching No No No No Yes Hong Kong & Macau Rank Standard Pro Premium VIP VVIP Rank Points Required to Advance Rank 0 points (Join for free) 3,000 points 12,000 points 28,000 points 70,000 points Benefits & Perks Rank & Reward Points Multiplier - Earned 1.0x of Rank & Reward Points. *1 PV = 1 Rank Point = 1 Reward Point x5 x6 x7 x7 x7 WellFam Vouchers - Use Reward Points to redeem Cash Voucher and Product Voucher -Enjoy seasonal vouchers from different WellFam campaigns Yes Yes Yes Yes Yes Manage Orders - Access to Wellous eStore and Subscription Plan - Track and manage your orders all in one place Yes Yes Yes Yes Yes Free Health Tips - Free access to an extensive range of informative health tips, including posts, videos, etc. Yes Yes Yes Yes Yes Company Newsletter - Free access to our electronic copy of the Company Newsletter to support our ESG initiative. Yes Yes Yes Yes Yes AI Health Quiz - Comprehensive health assessment program for key health areas. -Each completed assessment will reward members a total of 100 Reward Points. - Max of 1,200 Reward Points for completing all 12 assessments. Yes Yes Yes Yes Yes Account Manager - Assist customers regarding order/ product issues. - Free healthcare general consultation. - - Update customers on the latest promotion, campaign, and company activities. - No Yes Yes Yes Yes Birthday Treat - Celebrate your birthday month with a complimentary product through Birthday Voucher. - Only applicable with purchase above MOP800 (Macau) and HKD700 (Hong Kong). No Wellous Products. Subject to regional availability. Exclusive Discount - Enjoy special pricing on purchases you make with our exclusive discounts. Exclusive Discount will be given to eligible members during checkout for purchases that fulfil all the requirements. No No 3% (Capped at HKD50 or MOP50) 5% (Capped at HKD80 or MOP80) 8% (Capped at HKD160 or MOP160) Exclusive Invitations - Access to invites for exclusive events or launching No No No No Yes Notes: • All new confirmed WellFam Club members will be entitled to the benefits for purchase after joining or for any purchase made within 1 month prior to their joining. (only applicable for purchases made starting 1st Jan 2023 onwards) • Members have to obtain the minimum Rank Points requirement for each rank to maintain or advance their rank at the start of the subsequent year. Failure to maintain their Rank Points will result in the regression to a lower rank in correspondence to the points accumulated. Rank Points expiration will also result in the regression of ranking if sufficient minimum Rank Points to maintain rank are not accumulated to offset the expired Rank Points. Rank Points accumulated in the same calendar year will expire on December 31 in the following calendar year. Any Rank Points earned in a calendar year can only be used in the maintenance for the Rank for the following calendar year. • Rank and Reward Points Multiplier: A mechanism that enhances the accumulation of Rank and Redemptions Points for members based on their rank (as displayed in the tables in Section 4). As members progress through different ranks, their Rank and Reward Points are assigned a higher multiplier factor. For illustration: For all first-time purchases, members will start from Standard rank, if you purchase products with value of RM3,000.00, you will be entitled to 3,000 PV and the multiplier applies will be x5 of your PV, therefore the Rank Points and Reward Points to be awarded will be 15,000 points respectively. A higher multiplier (x7) will be applied during the next purchase and so on. • Members have six (6) months upon Reward Points collection to carry out redemption using their Reward Points. Members should note that if their Reward Points have expired, they are not entitled to claim any Cash or Product Voucher, and all Reward Points redeemed are not returnable. • For the free health tips, all tips are given for informational purposes only. It is not intended to be a substitute for professional medical advice and should not be relied on as health or personal advice. You shall always seek the guidance of your doctor or other qualified health professional with any questions you may have regarding your health or a medical condition. You shall never disregard the advice of a medical professional, or delay in seeking it because of any information you have read or watched on any of our website and/or Platform.
5. BENEFITS & REWARDS
The terms and conditions governing the different WellFam Club benefits and rewards may differ based on the geographical region in which the members are situated.
5.1 Vouchers This section addresses all the different categories of Vouchers available to members of WellFam Club. • Vouchers are valid for one-time use only. • Vouchers can only be used for normal priced items. • Vouchers are not exchangeable for cash. • Vouchers must be presented at the time of purchase. • Vouchers are non-transferable, cannot be resold, and can only be used by the account holder of WellFam Club member whom it was issued. • Generally, vouchers are not stackable. Only one voucher can be used in a single order. However, there is an exception in the case of Cash Voucher for purchases exceeding a certain minimum value. • The terms and conditions of the voucher may be modified from time to time or terminated at any time, with or without notice. • The validity period of each voucher is indicated on the Terms and Conditions of the voucher itself. A. Welcome Voucher • Presented to new members who have just achieved Standard rank. • Welcome Voucher can be used during promotions. Malaysia Singapore Hong Kong Macau RM 10 SGD 5 HKD 15 MOP 15 B. Cash Voucher • Obtained through the utilization of Reward Points. • Reward Points are valid for six (6) months from the date on which the points are collected. • The T&Cs governing the use of this Cash Voucher are as specified in the Rewards section of WellFam Club on the electronic Cash Voucher itself. Members are bound by and should review the T&Cs provided for details regarding its validity, expiry, and any associated restrictions or requirements. • Cash Voucher is valid until the expiry date stated on the voucher after which it shall become void. C. Product Voucher • Obtained through the utilization of Reward Points. • This Voucher applies only to regular-sized Wellous products packaged individually in a single box, excluding bundled sets. • Once the redeemed Voucher is applied, Members are required to pay the remaining balance for the product selected, after deducting the Voucher value. • The T&Cs governing the use of this Product Voucher are as specified in the Rewards section of WellFam Club on the electronic Product Voucher itself. Members are bound by and should review the T&Cs provided for details regarding its validity, expiry, and any associated restrictions or requirements. • Product Voucher is valid until the expiry date stated on the voucher after which it shall become void. D. Seasonal Voucher • Refers to any vouchers obtained during any Wellous seasonal campaigns, promotions, or marketing activities. • Seasonal Voucher can applicable during promotions. However, only one (1) voucher is applicable per transaction. • Bound by unique Terms and Conditions. E. Exclusive Discount • Exclusive Discount available for members of Premium and above. • It will be available for every purchase of regular priced items for members of Premium and above. • The discount percentages for each rank's Exclusive Discount Voucher, along with their respective discount caps, are detailed in the tables provided for each country in Section 4. • There is no expiry date for an Exclusive Discount. As long as a member maintains its rank, they get to enjoy the use of Exclusive Discount corresponding to its rank. • In the event of a member upgrading to a higher rank, the Exclusive Discount will automatically adjust to reflect the increased percentage of discount applicable. • In the event of a member downgrading to a lower rank, the Exclusive Discount will adjust to reflect the decreased percentage of discount, or it may be removed altogether, depending on the applicable conditions. • Premium members and above need to inform their Account Manager about their membership rank when placing a regular-priced order to enjoy the Exclusive Discount. However, if the order is placed through the Wellous eStore by customer themselves, the Exclusive Discount will automatically appear at checkout. • No minimum purchase is required to use the Exclusive Discount Voucher. • Exclusive Discount applies only to promotions where customers pay the regular price for a product and receive free merchandise or other freebies (e.g., "Spend a minimum of RM500 and get a free tote"). However, to qualify for the free merchandise or other freebies, the customer's purchase must meet the minimum required amount after the Exclusive Discount is applied. • Exclusive Discount DOES NOT apply to promotions that alter the item's price or value, such as discounts, purchase-with-purchase (PWP) offers, and free product deals. • Members are required to present or notify your dealer during purchase about your VIP/VVIP status, to be entitled to the Exclusive Discount. Failure to do so members may not be able to enjoy their benefits.
5.2 Birthday Treat • The Birthday Treat is an annual birthday reward that is issued to WellFam Club members of Pro ranking and above during your birthday month, and the said WellFam Club members are entitled to redeem one complimentary Wellous product during your birthday month by using the Birthday Voucher. • The Birthday Treat can only be used during Wellous member's birthday month based on the record and information provided by you upon registration as WellFam Club member. • Upon registration, members have to update your date of birth and verify your phone number. Once these two steps are completed, you are entitled to the Birthday Treat. • When a member of Pro ranking and above enters the birthday month, you can utilize the Birthday Voucher available to you in the Rewards section of WellFam Club. • The product under Birthday Treat redemption category is only redeemable upon a minimum purchase in a single order during WellFam Club member's birthday month. For minimum purchase values specific to different regions, please refer to the table in Section 4.2. • A pop-up for Birthday Voucher will appear when the total purchase value reaches the minimum value (after discount or original price, as the case may
be) during product purchase process. • The Birthday Treat is not exchangeable for cash. • The Birthday Treat is non-transferable, cannot be resold, and can only be used by the account holder of WellFam Club member whom it was issued. • The terms and conditions of the Birthday Treat may be modified from time to time or terminated at any time, with or without notice. • This Birthday Treat is only valid for a period of 1 month from the 1st day of the birthday month, and it will be deemed as expired after such period.
5.3 Promotion/Campaign • Any promotional activities that fall under Wellous Marketing Plan of the Year.
5.4 Exclusive Invitations • Special passes given to VVIP members only to gain access to exclusive events. • We will notify VVIP members of our events via our Platform. • Wellous reserves the rights and discretion to determine each member’s eligibility of participation in these events.
6. YOUR USE OF THE SERVICES AND/OR REGISTRATION AS OUR MEMBER
6.1. Software & Platform: By using the Services, the Platform and/or the software, and register as our members, you agree that:- (a) You shall only use the Services for lawful purposes; (b) You shall only use the Service for the purpose for which it is intended to be used; (c) You shall not use the Platform and/or the software for any unlawful, fraudulent or deceptive purposes; (d) You shall not use the Platform and/or the software to cause any nuisance, annoyance and/or inconvenience; (e) You shall not use the Services, Platform and/or the software for any purposes other than our membership programme; (f) You shall not copy, reverse engineer or distribute the Platform and/or the software or other content without the our prior written permission;
(g) You shall only use the Platform and/or the software for your own use and will not resell it to a third party; (h) You are solely responsible to keep secure and confidential your login/account username and/or password or any identification we provide you which allows access to our Services and/or Platform; (i) You shall not employ any means to defraud us through any means, whether fraudulent or otherwise, through any of our event, promotion or campaign; (j) You agree that the Services are provided on a reasonable effort basis;. and (k) You may use the Platform and/or the software only for your personal, non-commercial purposes and shall not use the Platform and/or the software to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iii) introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) damage, disable, overburden, or impair our servers or networks; (v) interfere with or disrupt the integrity or performance of our Platform and/or the software or the data contained therein; (vi) attempt to gain unauthorized access to us, the Platform and/or the software or its related systems or networks or the other users’ accounts; (vii) cause or encourage conduct that would constitute a criminal offence, or that gives rise to civil liability; (viii) violates this Terms of Service; or (ix) fails to comply with applicable third party terms (if applicable); (x) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (xi) cause or allowed to be caused any matter which may damage our reputation or amount to being disreputable.
6.2 User Account An active personal user’s or member’s account (“Account”) is required to use and/or access our Services. User/ Member must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18) with the legal capacity to enter into and form contracts under any applicable law. User/ Member who has breached or are in breach of the terms and conditions contained herein or user/member who have been permanently terminated or temporarily suspended from the use of any of our Services may not use the Services even if they satisfy the requirement. Account registration requires you to submit to Wellous certain personal information, such as your name, address, mobile phone number and age. You confirm that all the information provided by you are true and accurate, and you agree to maintain true, accurate, complete, and up-to-date information in your Account. You agree to provide us with proof of identity when requested, accurate, current and complete information as required for the Services and shall be responsible to update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Terms of Service. You further agree that Wellous may rely on your information as accurate, current and complete. If your information is untrue, inaccurate, not current or incomplete in any respect, then Wellous has the right but not the obligation to terminate this Terms of Service and your use of the Services at any time with or without notice. You are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of your Account’s username and password. Unless otherwise permitted by Wellous in writing, you may only possess one Account. By proceeding with the registration process, your right to use the Platform will take effect provided that you satisfy the requirements above until termination. Upon successful registration of an account with us, Wellous’s Services may send you an email as part of the normal business operation of your use of the Services. You acknowledge that opting out of email may impact your use of the Services.
6.3 User Conduct Your use of the Services is for your own, sole and personal use. You undertake not to authorize others to use your identity for the Services. When using the Services, you agree to comply with all applicable laws. You shall not assign or otherwise permit your Account to be used by any other person or entity. In certain instances, you may be asked to provide proof of identity to access or use of the Services, and you agree that you may be denied.
6.4 Restrictions: (a) You agree to assume full responsibility and liability for all losses or damages suffered by yourself, Wellous or any third party as a result of any of your breach of the Terms of Service. (b) You shall not use the software, the Platform and/or the Services where you will violate any laws, statutes, ordinances, or regulations or where you encourage, promote, facilitate or instruct others to engage in illegal activity.
(c) You shall not post, publish and/or send (i) any adult media depicting or related to illegal activity such as child pornography, rape, incest, etc; and (ii) hate, violence, harm or intolerance in any form; (iii) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate the rights of any other party (d) You shall not send or store, infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party rights (including but not limited to rights of publicity or other proprietary rights); (e) You shall not use the software, the Platform and/or the Services to circumvent any applicable laws, remove copyright protections, infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary rights under the laws of Malaysia or any jurisdictions.
6.5 Network Access and Devices You are responsible for obtaining the data network access necessary to use the Wellous’s Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Wellous’s Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use our Services and the Platform and any updates thereto. We do not guarantee that the Wellous’s Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications. You agree that caching, hyperlinking to, and framing of the portal or any of its content are strictly prohibited. Wellous reserves all rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights. We and our affiliates, other partners, and third-parties will use cookies and other identification technologies on our websites, mobile applications (if applicable), email communications, advertisements, and other online Services when you access the Wellous’s Services for a number of purposes, including but not limited to authenticating users, remembering user preferences and settings, determining the popularity of content, delivering and measuring the effectiveness of advertising campaigns, analysing site traffic and trends, and generally understanding the online behaviours and interests of people who interact with our Services.
7. LICENSE
7.1 Wellous and its affiliates, where applicable hereby grant you a revocable, non- exclusive, non-transferable, non-assignable, personal, limited license to use the Services and/or the Platform, subject to the Terms of Service herein. All rights not expressly granted to you are reserved by Wellous.
7.2 Licence Conditions: You agree that you shall not: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services, the Platform and/or any software in any way; (b) modify or make derivative works based on the Services, the Platform and/or any software; (c) create internet “links” to the Services and/or Platform or “frame” or “mirror” the software and/or the Platform on any other server or wireless or internet- based device; (d) reverse engineer or access the Services, the Platform and/or any software in order to (i) build a competitive products or services, (ii) build a product or services using similar ideas, features, functions or graphics of the Services, the Platform and/or any software, or (iii) copy any ideas, features, functions or graphics of the Services, the Platform and/or any software; (e) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services, the Platform and/or any software; (f) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (g) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (h) operate the Services, the Platform and/or any software on jailbroken or rooted mobile devices; or (i) remove any copyright, trademark or other proprietary rights notices contained in the Services.
8. INTELLECTUAL PROPERTY
8.1 Ownership: (a) Wellous and its affiliates, shall own all rights, titles and interests, including all related intellectual property rights (including but not limited to trademarks, patents, copyright and/or industrial design, whichever applicable) and its respective components, processes and design in its entirety, in and to the Platform and/or any software and by extension, the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. (b) This Terms of Service is not a sale agreement and do not convey to you any rights of ownership in or related to the Services, the software and/or the Platform, or any intellectual property rights owned by Wellous and/or its licensors. (c) Wellous’s name, logo, trademarks, the Services, the software and/or the Platform and names of the goods and services of Wellous, any other depiction or representation associated with the Services, the Services, the software and/or the Platform are trademarks of Wellous and/or its affiliates, and only limited right or license is granted to use them for the sole purpose of membership program.
8.2 Restricted Use: No part or parts of the Platform, or any materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Permission will only be granted to you to download, print, or use the materials for personal and non-commercial uses, provided that you do not modify the materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the materials and reserve our rights under the Copyright Act 1987.
8.3 Trademarks: The Trademarks are registered and unregistered trademarks of Wellous or third parties. Nothing on the Platform and in this Terms of Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks displayed via the Services or on the Platform, without our written permission or any other applicable trademark owner. In any event that the user/member breaches this Clause, Wellous reserves the right to terminate all agreement, the membership of such user/member and/or this Terms of Service enter into with such user/member immediately and such user/member shall be liable under Section 99 of the Trademarks Act 2019.
9. DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNITY
9.1 WELLOUS IS PROVIDING THE SOFTWARE, THE PLATFORM AND THE SERVICES TO YOU ON AN "AS IS" BASIS AND YOUR USE THEREOF IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WELLOUS DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS THAT THE SOFTWARE, THE PLATFORM AND THE SERVICES IS MERCHANTABLE, OF SATISFACTORY QUALITY, TIMELY, RELIABLE, SECURE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ERRORS OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT YOUR USE THEREOF IS IN COMPLIANCE WITH ALL APPLICABLE LAWS OR YOUR INFORMATION TRANSMITTED IN CONNECTION WITH THE PLATFORM WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED WHERE ALL OF THE AFORESAID WARRANTIES AND CONDITIONS ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT ALLOWED UNDER MALAYSIAN LAW. WELLOUS ALSO DOES NOT REPRESENT OR WARRANT THAT THE SERVICES AND/OR THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR REWARDS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE ARE ABSENT OR WILL BE CORRECTED.
9.2 Limitation of Liability Wellous shall not be liable for any claim, loss, damages, data loss, costs or expenses incurred (whether direct or consequential), suffered or sustained by you arising from or in connection with you use of the Services, the Platform and/or the software or any other losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between you and any third-party provider (if any), even if Wellous has been advised of the possibility of such damages and fully aware of such possibility. In addition, Wellous shall not be liable for delay or failure in performance resulting from causes beyond Wellous’s reasonable control.
9.3 The Services, the Platform and/or the software may be subject to limitations, delays and other problems inherent in the use the internet and electronic communications including the device used by you being faulty, not connected, out of range of mobile signals or functioning incorrectly. Wellous is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
9.4 By agreeing to the Terms of Service upon using the Services, you agree that you shall defend, indemnify and hold Wellous, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) arising out of or in connection with (a) your use or misuse of the Services, the software and/or the Platform; (b) violation of this Terms of Service and/or (c) violation of any rights of a third party. Wellous reserves the right to assume the exclusive defence and control of any matter otherwise subject to your indemnification, in which event you will cooperate in asserting any available defences. In the event of any third party's claim that the Platform or your possession and use of the Platform infringes that third party's intellectual property right, then Wellous will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
9.5 All information recommended to you is only for references and shall not serve for any other purposes.
10. THIRD PARTY LINKS
10.1 Our platform may include advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to some of our business partners and/or affiliates. Those third-party websites do not form part of our Platform and some may not under the control of or the responsibility of Wellous. When you link to those websites you leave our Platform and do so entirely at your own risk.
11. TERMINATION
11.1 Termination by us: In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of the Platform and/or Services, your membership with us, and/or disable your username and password if you are in breach of any of the Terms of Services hereto. We also reserve the right, in our sole discretion, to terminate any of the licenses granted herein, the use and ability to use the Services, the deletion and removal of your content or assert legal action with respect to your content and/or your use of the Platform, the software and the Services, that we believe is or might be in violation of this Terms of Services. We may also blacklist you and/or bar your access to the Platform (or any part thereof) if you are in breach of any provisions of this Terms of Service or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the Services relating to the Platform but any of our failure or delay in taking such actions does not constitute a waiver of our rights to enforce this Terms of Service.
11.2 Termination by you: You may terminate this Terms of Service, your membership with us or your use of the account by giving fourteen (14) days’ notice in writing to us.
12. DATA SECURITY AND PROTECTION FOR USERS
12.1 All User Information and data submitted and transacted on our Platform is well- protected with major security measures to enhance the trust and confidence of our users.
12.2 Data Security Major data security measures involve:- • Encryption to safeguard data transmitted over the network; • Digital signature, i.e. a type of e-signature authenticated through encryption and password to ensure the authenticity of information; and • Security certificates, i.e. unique digital identification used to verify the identity of an individual user.
12.3 Privacy of User Data and Information Personal data on the Platform is protected under the Personal Data Protection Act 2010 (“PDPA”) which regulates any processing of personal data in respect of commercial transactions. More details may refer to our Privacy Notice (https://membership.wellous.city/policy).
13. CYBER ATTACK/ VIRUSES
13.1 Wellous will give the best endeavour to ensure that the Platform is safe and secure to use, however, we do not guarantee that the Platform will be completely free from bugs or viruses. You are responsible for configuring your information technology, computer programme and website in order to access the Platform. You should use your own virus protection software. You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform are stored or any server, computer or database connected to the Platform. We will not be liable for any losses or damages caused by a virus, distributed denial- of-service attack, or other technologically harmful material that may infect your devices, computer equipment, computer programs, data or other proprietary material due to your use of our Platform or to your downloading of any content on it, or on any website linked to it.
14. ANTI-MONEY LAUNDERING
You may be required to provide to us such data to allow us to establish and verify your identity both at the time of registration and using the Platform and on ongoing basis, in order to facilitate compliance by us with the provisions of Anti-Money Laundering, Anti- Terrorism Financing and Proceeds of Unlawful Activities Act 2001 ("AMLA"). You agree that Wellous and its affiliates may use such data provided for the purposes of establishing your identity and implementing an ongoing monitoring program to ensure the adherence of Wellous and the user to the provisions of AMLA, and complying with any anti-money laundering or counter terrorism financing laws applicable to it or its affiliates, together with sharing such data internally with its affiliates and with third-party outsources, as well as in relation to transfers and reporting of such data and your transactions to Bank Negara Malaysia, and such other regulators and law enforcement agencies as we may deem appropriate.
15. GOVERNING LAW
Except as otherwise set forth in this Terms of Service, this Terms of Service shall be exclusively governed by and construed in accordance with the laws of Malaysia and submit to the exclusive jurisdiction of court of Malaysia in the event of any disputes.
16. OTHER PROVISIONS
16.1 Time wherever mentioned shall be deemed to be and treated as of the essence of this Terms of Service.
16.2 All rewards, benefits, points, vouchers and/or any promotions carried out or given by Wellous are valid only within their stipulated periods and subject to any other terms and conditions of such promotions whereby such terms shall prevail over the provisions of this Terms of Service to the extent that such terms relate to such promotions. Save and except as aforesaid, this Terms of Service shall continue to apply for the Services and the Platform.
16.3 Waiver
(a) Waiver of any breach of the terms herein or of any right, power, authority, discretion or remedy arising upon a breach of or default under the terms herein, must be in writing and signed by Wellous granting the waiver.
(b) The failure of Wellous to insist on any one or more instances upon the performance of any provisions of the Terms of Service herein shall not be construed as a waiver or relinquishment your liability to recover losses, damages and all costs incurred in relation to your non-performance.
16.4 Enforceability / Severability
(a) If one or more of the provisions of the Terms of Service herein shall be invalid, illegal or unenforceable in any respect under any applicable law or decision, the validity, legality or enforceability of the remaining provisions contained herein shall not be affected or impaired in any way.
(b) If any provision shall be void, illegal or unenforceable but would be valid and enforceable if read down, then that provision shall be read down to the extent necessary to render the provision valid and enforceable.
16.5 Notices Wellous may give notice by means of a general notice on the Platform or its website or its social media channels or by mobile messaging services or by electronic mail to your email address in the records of Wellous. Such notice shall be deemed to have been given immediately when it is through the Wellous's website or the Platform OR 1 hour after sending (if sent by mobile messaging service or email). You may give notice to us (such notice shall be deemed given when received by us) by electronic mail to our email address as provided in the Platform.
16.6 Assignment Your rights and obligations under the Terms of Service herein are personal and shall not be assignable without the prior written consent of Wellous.
16.7 Relationship No joint venture, partnership, employment, or agency relationship exists between you, Wellous or any third-party provider as a result of the Terms of Service or use of our Services.
16.8 Alteration or Amendments to the Terms of Service We reserve the right to make changes to our policies, and this Terms of Service from time to time. We will notify our members on the updated Terms of Service or policies on our Platform. You will be subject to the policies and terms and conditions in force at the time you register as our member, use our Services and/or access our Platform. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.