Terms and Conditions of use of fitSEA Mobile Application

fitsea Sdn Bhd (“fitSEA”) is a Company registered in Malaysia (Co. Registration No.

201901021650 (1330934-K) and having its registered address at Suite 1603, 16^th

Floor, Wisma Lim Foo Yong, No 86, Jalan Raja Chulan, 50200, Kuala Lumpur

Malaysia. fitSEA designs technology that cultivates good lifestyle habits for corporate

employees. Configured to complement the organization’s culture, its technology and

the overall wellbeing experience it delivers, drives superior outcomes for people and

businesses. fitSEA has in the final quarter 2021 launched its mobile application in

Malaysia (“fitSEA App”). The fitSEA App is also integrated to work with fitSEA’s

website which offers users the ability to purchase various packages from service

providers.

The fitSEA App and website a data driven technology platform providing holistic

wellbeing solution through its unique ecosystem. The fitSEA App and website aims to

bridge the gap between wellbeing solution providers and consumers by helping users

manage non-Communicable diseases and Mental health effectively through data

driven behaviour remodelling solutions to create sustainable lifestyle changes and

connecting users to qualified service providers.

fitSEA is committed to the United Nations SDGs health and well-being for all and aims

to create sustainable lifestyle changes by bringing well-being solutions to every palm

(“Services”) through the the fitSEA App integrated with fitSEA’s website

www.fitesea.com.my (“Website”).

The fitSEA App is available for download on the following platforms with the name

(fiTSEA):-

(i)

Google Play

(ii)

Apple Store

Below are the general terms and conditions of the use of the fitSEA App that are

applicable to users and service providers that are in collaboration with fitSEA. The

terms and conditions set out the rights and obligations of the users (“User(s)”), the

service provider (“Service Provider”) and fitSEA in connection with the use of the

fitSEA App and/or Website. All the terms and conditions of the fitSEA App and/or

Websiteare legally binding and in compliance with the local laws, so please read them

through carefully before you accept and agree to the said terms and conditions which

will form a binding agreement (“Agreement”) between all users of the fitSEA App

and/or Website.

Personal Data Protection Act 2010

(i)

fitSEA hereby represents and warrants that with regard to the personal

data (as defined under the Personal Data Protection Act 2010) provided

and/or to be provided to fitSEA for the purpose(s) of and/or in connection

with this Agreement, Users shall provide the required consent for fitSEA

to process the personal data in question and that Users have read and

accepted fitSEA’s Personal Data Protection Statement (if any) and agree

to the processing of any personal data provided to fitSEA in the fitSEA

App and/or Website in accordance with its policy. fitSEA further agrees

that, with regard to the personal data provided and/or to be provided by

Users to fitSEA for the purpose(s) of and/or in connection with this

Agreement, fitSEA shall procure that all its employees, officers and

agents to similarly, comply with the Personal Data Protection Act 2010.

(ii)

fitSEA hereby agrees and acknowledges that in the course of carrying

out its responsibilities under this Agreement, fitSEA may be required to

carry out the processing of Personal Data on behalf of Users; and fitSEA

agrees that it shall, and shall procure all its employees, officers and

agents shall similarly agree to and comply with hereto in relation to the

processing of Personal Data on behalf of users.

(iii)

By accessing the fitSEA App and/or Website, at Users behest,

registering thereon and thereafter using the Services as a member or

guest, Users agree to be bound by this Agreement and the terms

contained in it. This Agreement governs your access and use of the

fitSEA App and/or Website and applies to all visitors, users and others

who access the Service. If you do not agree with the terms contained in

this Agreement, you are not permitted to use the fitSEA App and/or

Website. fitSEA will not be liable for any consequences arising from your

unauthorized use. We may revise these terms of use at any time by

amending this page and the terms hereof. The revised terms of use shall

be posted on the fitSEA App and/or Website. Your use of fitSEA App

and/or Website is subject to the most current version of the terms of use

posted on the fitSEA App and/or Website at the time of such use.

Services

fitSEA App

(i)

fitSEA allows users to monitor their daily physical activity.

(ii)

Manage their nutrition through extensive food diary.

(iii)

Monitor Users mood and mental health wellbeing.

(iv)

Access wellbeing service providers on the fitSEA website.

(v)

Compete with other users on various well-being parameters

Website

(vi)

Physical training including personal training classes, group classes,

yoga and other classes that fitSEA may add in from time to time.

(vii)

Counselling on nutrition and wellbeing.

(viii)

Mental health related services.

Access

(i)

Users will be required to register a profile in the fitSEA App. The profile

required will differ for a User and Service Providers. Users upon

registration will be given an account which will give access to the

Services and functionality that fitSEA may establish and maintain from

time to time and at its sole discretion on the fitSEA App and/or Website.

(ii)

The fitSEA App will require the following input from Users at the time of

registration on the fitSEA App:-

(a)

Gender;

(b)

Date of birth;

(c)

Height;

(d)

Weight;

(e)

Physical activity levels;

(f)

Medical conditions;

(g)

Goals.

(h)

Other details required to successfully determine wellbeing status.

The above list is not an exhaustive list and may be expanded by fitSEA

to improve the delivery of the Services.

(iii)

Users must provide their full legal name, valid email address and any

other information requested from time to time, in order to complete the

registration process and be entitled to an account to use the Services.

The information provided may be shared by fitSEA with the service

providers and with any third party for providing the Services, record

keeping purposes, internal procedures or for any other purposes and by

using the fitSEA App and/or Website Users expressly consent to such

sharing of the information provided.

(iv)

By using the Services and completing the registration process, Users

warrant that:

(a)

all the data provided by is accurate and complete;

(b)

Users shall maintain the accuracy of such information, and any

changes thereto by regular updating of any such information;

(c)

Users affirm their age to be over 18 (eighteen) years of age and

are fully able and competent to enter into the terms, conditions,

obligations, affirmations, representations, and warranties set forth

in this Agreement, and to abide by and comply with this

Agreement;

(d)

Users are eligible in accordance with applicable laws to enter into

a binding contract and are not a person barred from receiving the

Services under applicable laws ; and

(e)

Users may use the the fitSEA App and/or Website or such other

Services provided through the the fitSEA App and/or Website only

in compliance with this Agreement and all applicable local, state,

national, and international laws, rules and regulations. fitSEA

shall not be liable for any injury, damage or other consequence,

health related or otherwise arising out of any inaccuracy in the

information provided by Users on the fitSEA App and/or Website.

(f)

Users profile may be deleted by fitSEA by informing Users 24

(twenty four) hours in advance without warning, or without any

notice whatsoever, if fitSEA believes that the user has violated

any of the conditions as mentioned under this Agreement.

(v)

The fitSEA App and/or Website can be accessed by logging into the

profile created by Users upon successful registration. Users are required

to register a profile with a login id and password to access the fitSEA

App and/or Website.

(vi)

fitSEA App and/or Website may also issue separate requirements,

restrictions, instructions, activation and access procedures, or any

additional conditions pertaining to the access and use of the Services.

All procedures may be varied by the fitSEA App and/or Website from

time to time.

(vii)

Users agree and undertake to be bound by and to comply with all of the

procedures as may be issued by the fitSEA App and/or Website from

time to time.

(viii)

All passwords must be kept strictly confidential and must not be

disclosed to anyone else. Users must not leave their Mobile Device

unattended or permit any person access their Mobile Device in such a

manner that he may access your fitSEA App and/or Website whether

with or without your consent.

(ix)

fitSEA reserves the right to withdraw or amend the Service (or any

features within the Services) that is provided on the fitSEA App and/or

Website by notifying the same to Users from time to time.

(x)

fitSEA will not be liable, if for any reason the fitSEA App and/or Website

or the Services (or any features within the Services) are unavailable at

any time or for any period. From time to time, fitSEA, at its sole

discretion, restrict access to some parts of the fitSEA App and/or

Website, or the entire fitSEA App and/or Website, to Users.

(xi)

fitSEA grants Users permission to use the Services as set forth in this

Agreement, provided that:

(a)

Users do not copy or distribute, any part of the Services in any

medium or in any manner whatsoever without fitSEA’s explicit

authorisation in this regard;

(b)

Users shall not alter or modify any part of the Services other than

as may be reasonably necessary to use the Services for its

intended purpose; and

(c)

Users will otherwise comply with the terms and conditions of this

Agreement.

(d)

Users are also solely responsible and liable to fitSEA for all

activities that take place or occur under their account. Users

agree that the ability to log into Users account is dependent upon

external factors such as internet service providers and internet

network connectivity and fitSEA shall not be liable for any

damages arising from the inability to log into Users account.

(e)

fitSEA reserves its right to refuse access to use the Services

offered at the fitSEA App and/or Website to new Users or to

terminate access granted to existing Users at any time without

according any reasons for doing so. Use of the account is not

available to any User who is suspended or prohibited by fitSEA

from using the the fitSEA App and/or Website or Services for any

reason whatsoever.

Usage of Services

(i)

Once Users complete registration on the fitSEA App, Users will become

an account holder with the following benefits:-

(a)

Allows Users to access and post content on the fitSEA App and/or

Website;

(b)

Allows fitSEA to contact Users, if necessary, in order to inform

Users of changes to the terms of use of the fitSEA App and/or

Website or describing new services that fitSEA enables on the

fitSEA App and/or Website;

(c)

Allows Users to access and purchase Services on the fitSEA App

and/or Website, subject to the terms and conditions set out

herein;

(d)

Allows Users to make use of the Services on the fitSEA App

and/or Website subject to this Agreement;

(e)

does not allow you to use email addresses displayed on the

fitSEA App and/or Website for any purpose other than that

specifically authorized by fitSEA.

(ii)

By providing fitSEA your email address/ phone number you consent to:

(a)

Using Users email address or mobile number to send Users

Service-related notices, including any notices required by law, in

lieu of communication by postal mail. Users may use their settings

to opt out of communications vide email/mobile number or

entirely.

(b)

Using the phone numbers provided by Users, to contact you from

time to time, in order to provide Users updates and advice relating

of progress on the fitSEA App and/or Website and the usage of

our Services, and relating to any new promotions and sales

opportunities on the fitSEA App and/or Website.

(c)

Using of Users email address, home address, phone number and

other ancillary information to fulfil the orders placed by you; and

(d)

Using Users email address or phone number to send other

messages, including changes to features of the Service and

special offers. If Users does not want to receive such email

messages, Users may opt out by notifying us be email at:

letsconnect@fitsea.com.my Opting out may prevent Users from

receiving email messages or phone messages regarding

updates, improvements, or offers.

(iii)

Users may access and use the Services to purchase products listed

thereon in the Website by Service Providers from time to time. fitSEA’s

responsibility in terms of the purchase of Services shall extend solely

and exclusively to:

(a)

The provision of the platform for the Services on the fitSEA App

and/or Website.

(b)

Collection of payments from Users using the third-party payment

gateway on the fitSEA App and/or Website.

(c)

In the event of any disputed payments made, fitSEA shall pass

on the dispute to the payment gateway provider for resolution.

This shall be the extent of fitSEA’s obligations in this regard;

(d)

Delivery of the Services to the Users who have placed orders

therefor on the fitSEA App and/or Website.

(e)

It is hereby clarified that the Services listed on the fitSEA App

and/or Website are listed by Service Providers. The Services do

not belong to fitSEA in any manner whatsoever.

(f)

fitSEA makes no warranty for, and shall not be responsible in any

manner whatsoever for the quality, quantity or authenticity of the

Products/Services.

(g)

There shall be no refunds or cancellations initiated or entertained,

once an order is placed and processed on the fitSEA App and/or

Website, save as set out herein.

Rewards Program

(i)

Users will earn points for their use of the fitSEA App which will cover

areas of physical activity, nutrition management, participation in contests

and promotional activities that is carried out by fitSEA.

(ii)

The points system will be provided in the fitSEA App and it will by

updated from time to time.

(iii)

The collected points will allow users to earn well-coins which allows

Users to redeem rewards from fitSEA’s brand partners and/or Service

Providers.

Licencing

Subject to these terms and conditions of use, fitSEA grants Users and Service

Providers a non-transferable, non-exclusive, non-sublicensable limited right

and license to access and use the Services solely for the purpose permitted,

including but not limited to storing or otherwise using or sharing your

documents, files, schedules, minutes or other data.

Uploading of Material

Whenever Users make use of the Services (or any feature or part of the

Services) that allows Users to upload material on the fitSEA App and/or

Website, or to make contact with other Users of our fitSEA App and/or Website

or Service Providers, Users must comply with applicable data protection

rules/laws and the content standards set out below. The content standards

apply to each part of a contribution as well as to its whole. Users material must

be accurate where it states facts, be genuinely held (where it states opinions),

comply with the law applicable in any country from which it is posted; and be

relevant to your posting or use of the Services.

Restrictions of use of fitSEA App

(i)

Users material must not:

(a)

Belong to another person and contain any information that Users

do not have any right to;

(b)

Be defamatory of any person;

(c)

Be obscene, offensive, pornographic, hateful, harmful, harassing,

defamatory, vulgar, libelous, lewd, blasphemous, lascivious,

invasive of another’s privacy, racially, ethnically or otherwise

objectionable or inflammatory, disparaging, relating or

encouraging money laundering or gambling or otherwise unlawful

in any manner whatsoever;

(d)

Violate the provisions of the Malaysian Penal Code, the

Multimedia and Communications Act 1998 or other applicable

laws containing offences relating to content that is publicly

accessible;

(e)

Promote discrimination based on race, sex, religion, nationality,

disability, sexual orientation or age;

(f)

Disclose the name, address, telephone, mobile or fax number, e-

mail address or any other personal data in respect of any

individual;

(g)

Be harmful to minors;

(h)

Infringe any intellectual property including copyright, database

right or trade mark of any other person or organisation;

(i)

Breach any legal duty owed to a third party, such as a contractual

duty or a duty of confidence;

(j)

Be likely to harass, upset, embarrass, alarm or annoy any other

person;

(k)

Impersonate any person, or misrepresent your identity or

affiliation with any person;

(l)

Advocate, promote, incite any third party to commit, or assist any

unlawful or criminal act;

(m)

Contain a statement which you know or believe, or have

reasonable grounds for believing, that members of the public to

whom the statement is, or is to be, published are likely to

understand as a direct or indirect encouragement or other

inducement to the commission, preparation or instigation of acts

of terrorism;

(n)

Be such that it is known by you to be false, inaccurate or

misleading;

(o)

Deceives or misleads the addressee about the origin of such

messages or communicates any information which is grossly

offensive or menacing in nature;

(p)

Be content for which you were compensated or granted any

consideration by any third party;

(q)

Contain any computer viruses, any code, worms or other

potentially damaging or limiting the functionality of any computer

programs or files.

(r)

Threatens the unity, integrity, sovereignty of Malaysia, friendly

relations with foreign states or public order or causes incitement

to the commission of any cognizable offence or is insulting to

another nation.

(ii)

fitSEA hereby reserves its right to take down any content posted by

Users, which, in its sole discretion falls under the above restrictions.

Restrictions on use of fitSEA App and/or Website

(i)

Users are not permitted to and shall not do any of the following acts, the

breach of which shall entitle fitSEA to terminate use of the fitSEA App

and/or Website by the User, without prejudice to any other rights or

remedies fitSEA may have against the Users:-

(a)

Distribute, sell, supply, modify, adapt, amend, incorporate, merge

or otherwise alter the Services and all content provided to you as

part of the Services;

(b)

Attempt to decompile, reverse engineer or otherwise disassemble

any Service or content provided to you as part of the Services or

the fitSEA App and/or Website;

(c)

Attempt to copy any software provided to you as part of the

Services or the fitSEA App and/or Website and in particular its

source code, or attempt to decrypt any part of such software that

is provided to Users;

(d)

Create any derivative work or version of any software provided by

fitSEA in relation to or to facilitate Users use of the Services or

any content provided as part of the Services;

(e)

Remove, from the Services or any content provided as part of the

Services, any logo, copyright or proprietary notices, legends,

symbols, labels, watermarks, signatures or any other like marks

affixed to or embedded in the Services;

(f)

Use the Services or any part of it to create a false identity, to

impersonate any person or organization, or attempt to disguise

the origin of any content;

(g)

Use any of fitSEA’s domain name as a pseudonymous return

email address;

(h)

Access or use the fitSEA App and/or Website in any manner that

could damage, disable, overburden, or impair any of the fitSEA

App and/or Website’s servers or the networks connected to any

of the servers on which the fitSEA App and/or Website is hosted

on;

(i)

Access or attempt to access any content that Users are not

authorized to access by any means;

(j)

Access the fitSEA App and/or Website through any other means

other than through the interface that is provided;

(k)

Alter or modify any part of the Services; and

(l)

Disrupt or interfere with the security of, or otherwise cause harm

to the fitSEA App and/or Website, materials, system resources,

or gain unauthorized access to the user accounts, passwords,

servers or networks connected to or accessible through the

fitSEA App and/or Website.

10.

Reservation of Rights of fitSEA

(i)

fitSEA has the right to disclose Users identity to any third party who

validly claims and provides evidence that any material posted or

uploaded by Users to the fitSEA App constitutes a violation of their

intellectual property rights, or of their right to privacy.

(ii)

fitSEA shall not be responsible, and/or liable to any Service Provider or

third party, for the content or accuracy of any materials posted by Users

of the Services.

(iii)

fitSEA has the right to immediately terminate Users access or usage

rights and remove non-compliant information or material, in case of non-

compliance with these terms and condition, this Agreement or the

(iv)

fitSEA has the right to investigate and prosecute violations of these

terms and conditions to the fullest extent of the law and may involve and

cooperate with law enforcement authorities in prosecuting Users who

violate these terms and conditions.

(v)

While fitSEA has no obligation to monitor your access to or Users use of

the Services (or any feature or part of the Services), fitSEA has the right

to do so for the purpose of operating the fitSEA App and/or Website and

engaging with the Service Providers providing the Services, to ensure

your compliance with these terms and conditions, or to comply with

applicable law or the order or requirement of a court, administrative

agency or other governmental body.

(vi)

Subject to the receipt of a complaint from a User, fitSEA has the right

(but shall have no obligation) to pre-screen, review, flag, filter, modify,

refuse or remove any or all content from any Service. For some of the

Services, fitSEA may (but shall be under no obligation to) provide tools

to filter out explicit sexual content or any content which it deems to be

unsuitable at its sole discretion.

(vii)

fitSEA reserves its right to access, read, preserve, and disclose any

information as it reasonably believe is necessary to:

(a)

satisfy any applicable law, regulation, legal process or

governmental request;

(b)

enforce these terms and conditions, including investigation of

potential violations hereof;

(c)

detect, prevent, or otherwise address fraud, security or technical

issues;

(d)

respond to user support requests; or

(e)

protect the rights, property or safety of fitSEA, its Users and the

public. fitSEA shall not be responsible or liable for the exercise or

non-exercise of its rights under these terms and conditions in this

regard.

(viii)

fitSEA reserves the right to introduce or change the prices of all Services

upon 30 (thirty) days’ notice. Such notice may be provided at any time

by posting the changes to the terms and conditions of use or the

Services on the fitSEA App and/or Website.

(ix)

fitSEA shall not be liable to Users or to any third party for any

modification, price change, suspension or discontinuance of the

Services.

11.

Content - Users & Service Providers

(i)

Users and Service Providers understand that all information (such as

data files, written text, computer software, music, audio files or other

sounds, photographs, videos or other images) which Users and Service

Providers have access to as part of, or through use of, the Services are

the sole responsibility of the person from which such content originated.

Users and Service Providers agree that they are solely and exclusively

responsible for any and all content that is created, transmit or display

while using the Services and Users and Service Providers are solely and

exclusively liable for the consequence of their actions (including any loss

or damage which fitSEA may suffer). fitSEA exercises no control over

the content posted on the FiTSEA App using the Services. The use of

the content accessed or displayed using the Services is entirely at your

own risk.

(iii)

A search using the Services may produce results and links to sites and

content that you may find objectionable, inappropriate, or offensive and

we accept no liability of responsibility for any such content. It is also

possible that your use of the Services will return to you information

regarding products, merchants and links to websites of third parties

selling the product information requested by Users and Service

Providers. fitSEA hereby disclaims any and all responsibility and liability

associated with the same.

(iv)

Users and Service Providers acknowledge and agree that fitSEA is not

liable for any loss or damage which may be incurred as a result of the

availability of such external sites or resources, or as a result of any

reliance placed by Users and Service Providers on the completeness,

accuracy or existence of any advertising, products or other materials on,

or available from, such web sites or resources.

(v)

Users and Service Providers shall be responsible for monitoring your

content, documents and other data and shall be liable to fitSEA for

ensuring that the content transferred to or handled by or within Services

does not infringe any third-party rights. Users and Service Providers

warrant that they possess such necessary licenses as may be required

in order to process content or use and/or provide Services.

(vi)

Users and Service Providers understand that the technical processing

and transmission of the Services, including your Content, may be

transferred unencrypted and involve:

(a)

transmissions over various networks; and

(b)

changes to conform and adapt to technical requirements of

connecting networks or devices.

(vii)

Service Providers hereby acknowledge and understand that as part of

providing services on the fitSEA App and/or Website, Service Providers

may post images, descriptions and other content. fitSEA as independent

aggregators of these Service Providers will have no liability in relation to

such content posted by the said Service Providers, including without

limitation, in terms of the authenticity or reliability of such content, in any

manner whatsoever.

12.

Breach of Content Standards

(i)

When fitSEA considers that a breach of the content standards (as stated

above) has occurred, fitSEA may at its discretion take such action as it

deems appropriate. Failure to comply constitutes a material breach of

the terms of use on which you are permitted to use the Service, and

fitSEA may take any action legally available including all or any of the

following actions against the Users:

(a)

Immediate, temporary or permanent withdrawal of Users right to

use the Services and simultaneous termination/suspension of

your account on the fitSEA App and/or Website;

(b)

Immediate, temporary or permanent removal of any contribution

already posted on the fitSEA App and/or Website using the

Services, upon your failure to cure the breach that is brought to

your notice;

(c)

Issue of a warning;

(d)

Commence legal proceedings for reimbursement of all costs on

an indemnity basis (including, but not limited to, reasonable

administrative and legal costs) resulting from the breach; and

(e)

Disclosure of such information to law enforcement authorities as

reasonably necessary or as required by law.

(ii)

fitSEA hereby disclaims and exclude liability for all action taken in

response to breaches of these rules. The actions described above are

not limited, and we may take any other action we reasonably deem

appropriate.

(viii)

Upon such termination/suspension of Users account, Users will no

longer be able to access the account or any content or data Users have

stored on the servers. All licenses granted to you by fitSEA to the fitSEA

App and/or Website or the Services will automatically terminate.

13.

Disclaimers

(i)

Users correspondence or business dealings with, or participation in

promotions of, advertisers found on or through the Service Providers,

including payment and delivery of related goods or services, and any

other terms, conditions, warranties or representations associated with

such dealings, are solely between Users and such Service Providers.

Users agree that, save as set out herein, fitSEA shall not be responsible

or liable for any loss or damage of any sort incurred as the result of any

such dealings or as the result of the presence of such advertisers or the

Service Providers on the fitSEA App and/or Website.

(ii)

The Service Providers may provide, or third parties may provide, links to

other web sites or resources. Given that we have no control over such

sites and resources, Users acknowledge and agree that we are not

responsible for the availability of such external sites or resources, and

do not endorse and are not responsible or liable for any content,

advertising, products or other materials on or available from such sites

or resources. Users further acknowledge and agree that we shall not be

responsible or liable, directly or indirectly, for any damage or loss caused

or alleged to be caused by or in connection with use of or reliance on

any such content, goods or services available on or through any such

site or resource.

(iii)

Users agree that your use of the fitSEA App and/or Website and the

Services shall be at your sole risk. You expressly understand and agree

that, to the maximum extent permitted by applicable law, the fitSEA App

and/or Website and the Services are provided on an “as is” and “as

available” basis for your use, without warranties of any kind, express or

implied, including without limitation the warranties of merchantability,

fitness for a particular purpose, title, non-infringement, and those arising

from course of dealing or usage of trade. fitSEA shall use all reasonable

endeavours to ensure that the Services are uninterrupted but it does not

guarantee or warrant that:

(a)

the Services will meet your specific requirements;

(b)

the Services will be uninterrupted, timely, secure, or error-free;

(c)

the results that may be obtained from the use of the Services will

be accurate or reliable;

(d)

the quality of any Products, services, information, or other

material purchased or obtained by you through the Services will

meet your expectations; and

(e)

any errors in the Services will be corrected.

(iv)

If you are older than 35 (thirty-five) years of age, or if you have not been

physically active for more than 1 (one) year, or if you have any medical

history that may put you at risk, including, without limitation, one or more

the following conditions, you are required to seek approval from a

qualified health care practitioner prior to using the Services:

(a)

heart disease;

(b)

high blood pressure;

(c)

family history of high blood pressure or heart disease;

(d)

chest pain caused by previous exercise;

(e)

dizziness or loss of consciousness caused by previous exercise;

(f)

bone or joint problems;

(g)

diabetes, high cholesterol, obesity; or

(h)

arthritis.

The above list is not an exhaustive list and may be expanded by fitSEA

to improve the delivery of the Services

(v)

Users should discontinue exercise in cases where it causes pain or

severe discomfort, and should consult a medical expert prior to returning

to exercise in such cases. We reserve the right to deny you access to

the Services for any reason or no reason, including if we determine, in

our sole discretion, that you have certain medical conditions.

(vi)

The content of the fitSEA App and/or Website, including without

limitation, text, copy, audio, video, photographs, illustrations, graphics

and other visuals, is for informational purposes only and does not

constitute/substitute professional medical advice, diagnosis, treatment

or recommendations of any kind. You should always seek the advice of

your qualified heath care professionals with any Questions or concerns

Users may have regarding your individual needs and any medical

conditions. Users agree that Users will not under any circumstances

disregard any professional medical advice or delay in seeking such

advice in reliance on any content provided on or through the fitSEA App

and/or Website. Reliance on any such content is solely at your own risk.

(vii)

The content provided on or through this fitSEA App and/or Website

regarding drug or dietary supplements or products for sale on the fitSEA

App and/or Website may have not been evaluated or approved by any

regulatory authority.

14.

Content license from Service Providers and Users

(i)

Some areas of the Services may allow Users to post news, feedback,

comments, Questions, data, documents, pictures and other information

(“User Content”). You are solely responsible for your User Content that

you upload, publish, display, link to or otherwise make available

(hereinafter, “Post”) on the fitSEA App. fitSEA will not review, distribute,

or reference any such User Content except as provided herein or in our

(ii)

By Posting any User Content on the fitSEA App and/or Website, you

expressly grant, Users represent and warrant that Users have a right to

grant, to fitSEA App and/or Website a royalty-free, sub-licensable,

transferable, perpetual, irrevocable, non-exclusive, worldwide license to

use, reproduce, modify, publish, list information regarding, edit,

translate, distribute, publicly perform, publicly display, and make

derivative works of all such User Content and your name, voice, and/or

likeness as contained in your User Content, in whole or in part, and in

any form, media or technology, whether now known or hereafter

developed, for use in connection with the Service. You also hereby grant

each User of the Service a non-exclusive license to access your User

Content through the Services, and to use, reproduce, distribute, display

and perform such User Content as permitted through the functionality of

the fitSEA App and/or Website and under this Agreement.

(iii)

Users understand that fitSEA App and/or Website, in performing the

required technical steps to provide the Services to our users, may: (a)

transmit or distribute your Content over various public networks and in

various media; and (b) make such changes to your Content as are

necessary to conform and adapt that Content to the technical

requirements of connecting networks, devices, services or media. You

agree that this license shall permit fitSEA App and/or Website to take

these actions.

(iv)

Users are solely responsible for your contributions to any online forum

fitSEA App and/or Website may offer through or as part of the Services

(“Community Participation”), such as and without limitation, responses

to social media platforms,blog postings, bulletin board postings, and

other contributions to online discussions. By submitting to Community

Participation, Users:

(a)

represent to fitSEA, in each instance, that Users either own or

have the right to display or transmit each and every element of

your Community Participation, and that your submission will not

violate the legal rights or interests of any person or entity; and

(b)

grant to fitSEA a perpetual, irrevocable, royalty free license to use

your Community Participation, in each instance, as a whole or in

any part, for any business purpose, including without limitation,

promotional, marketing and training purposes.

(v) Users confirm and warrant to fitSEA that you have all the rights, power

and authority necessary to grant the above license.

15.

Charges

Service Providers

(i)

Service provider dues for the services rendered in the current calender

month will be paid on 15^th of the of the following month.

(ii)

fitSEA will provide a report of Services and accordingly make payment

to the Service Providers.

(iii)

Charges exclude any applicable goods and services, value-added, sales

or other similar tax, which you may be required to pay on taxable

supplies

(iv)

Payment by fitSEA to Service Providers will be made by online transfer.

(v)

fitSEA may change the payment terms by giving the Service Providers

at least

14 days’ notice. If you do not agree to the new financial

considerations , you may terminate this Agreement and your right to

access and use the Service by cancelling your subscription through the

site. If you do not terminate these Agreement your right to access and

use the Service in accordance with this clause, you are deemed to have

accepted any amendments made to the financial considerations.

(vi)

Upon cancellation of the subscription all the promotions and benefits

which were available within the subscription will be forfeited and Service

Providers profile will be removed from the fitSEA App and or Website

subject to Service Providers completing all existing Services purchased

by Users and at the very least by giving fitSEA at least 30 days’ notice.

Users

(vii)

Users must pay the charges for services offered by Service Providers

such as but not limited to personal training, fitness classes, yoga

classes, nutrition counselling based on the advertised cost of service

described in the fitSEA App and/or Website.

(viii)

fitSEA will provide invoices upon any payment made through the fitSEA

App and/or Website upon request.

(ix)

The charges exclude any applicable goods and services, value-added,

sales or other similar tax, which you may be required to pay on taxable

supplies.

(x)

fitSEA at its sole discretion may increase the charges without prior

notice. If Users do not wish to pay the increased charges for Services,

Users may terminate this Agreement and your right to access and use

the Service by not purchasing any of the Services offered through the

fitSEA App and/or Website. If Users do not terminate this Agreement and

your right to access and use the Service in accordance with this clause

and continue to purchase any Service through the fitSEA App and/or

Website, you are deemed to have accepted the increased Charges for

Services purchased.

16.

Cancellation And Re-Scheduling

Service Provider

(i)

Services may be rescheduled through the fitSEA App and/or Website by

contacting the Users at least 24 hours prior to any session.

(ii)

If the cancelled Service is in the category of personal training services,

Service Providers are obliged to reschedule the Service at a date and

time that is agreed by the Users. Failing to do so will mean cancellation

of that specific session by Service Provider and the charges will be

refunded to the User.

(iii)

If the cancelled Service is in the category of group classes, the collected

charges from the Users will be returned as credits and the Service

Provider will not be receiving any amount of the collected charges.

(iv)

fitSEA recommends that any class cancellations/rescheduling should

happen at least 2 days prior to the class date.

Users

(v)

If a scheduled service is cancelled by Service Provider in the category

of personal training, Users will be notified via phone or email through

the -mobile phone number or the email address associated with the

account, and will be entitled to schedule a new session in place of the

cancelled Service of the same category at no extra cost. If the session

is cancelled by Users, or Users does not attend the session without

informing the Service Provider and without their agreement to

reschedule, the charges for that session will be forfeited and paid to the

Service Provider. fitSEA has a no cancellation and no refund policy, and

any re-scheduling is only at Service Providers discretion. If the User

does not attend scheduled sessions, the paid fees will be forfeited and

no refund will be given to the User.

(vi)

If a scheduled service is cancelled by the Service Provider in the

category of classes and events, Users will be notified via telephone or

email through the telephone number or the email address associated

with the account, and will be entitled to full refund for the cancelled

Service.

(vii)

A User that has purchased the tickets to attend a Service will not be able

to cancel or reschedule or ask for refund for a purchased service.

(viii)

Users can reschedule their personal training sessions by cancelling any

pre booked class within 24 hours in advance. Credits will be returned to

Users and users will be allowed to rebook the same. A maximum of times

2 times of rescheduling is allowed for each Month.

(ix)

Users can change trainers in advance as per cancellation policy and re

book with trainer of choice .

(x)

Limit of

3 session cancellations and rescheduling per month.

Cancellations above 3 sessions will not entitle Users a refund as credits.

(xi)

All personal training packages are non-shareable and non-transferable.

Cases to case basis to be reviewed.

(xii)

All personal training packages are non-shareable and non-transferable.

Cases to case basis to be reviewed.

(xiii)

Users are not allowed to reschedule group classes booked and any

payments made are non-refundable.

(xiv) If group class does not have minimum participants as decided by Service

Provider, the class can be cancelled at the election of the Service

Provider and credits will be given to the Users to book similar group

classes in the future.

17.

Billing and payment

(i)

Certain aspects of the Services may be provided for a fee or other

charge. If Users elect to use paid aspects of the Services, Users agree

to the terms of sale, pricing, payment and billing policies applicable to

such fees and charges. fitSEA may add new services for additional fees

and charges, or amend fees and charges for existing services, at any

time in its sole discretion.

(ii)

It is Users responsibility to promptly provide fitSEA with any contact or

billing information changes or updates (including phone number, email

address, credit card numbers, etc.). fitSEA does not validate all credit

card information required by the Users' payment provider to secure

payment.

(iii)

Users must notify fitSEA about any billing problems or discrepancies

within

30 (thirty) days after charges first appear on their account

statement. If it is not brought to fitSEA’s attention within 30 (thirty) days,

Users agree to waive your right to dispute such problems or

discrepancies.

(iv)

In respect of purchases made on the fitSEA App and/or Website, Users

hereby acknowledge and agree that no refund requests will be

entertained in any manner whatsoever and no refunds will be initiated

therefor.

18.

Indemnity and limitation of liability

(i)

Users agree to defend, indemnify and hold harmless fitSEA, its officers,

directors, employees and agents, from and against any and all claims,

damages, obligations, losses, liabilities, costs or debt, and expenses

(including but not limited to solicitors's fees) arising from:

(a)

use of and access to the fitSEA App and/or Website;

(b)

violation of any term of this Agreement;

(c)

violation of any third party right, including without limitation, any

(d)

any claim that User Content caused damage to a third party. This

defense and indemnification obligation will survive this

Agreement and your use of the fitSEA App and/or Website.

(ii)

The material displayed on the fitSEA App and/or Website is provided

without any guarantees, conditions or warranties as to its accuracy. To

the extent permitted by law, fitSEA, its Subsidiaries and Affiliates and

third parties connected to us hereby expressly exclude:

(a)

conditions, warranties and other terms, which might otherwise be

implied by statute, common law or the law of equity;

(b)

Any liability for any direct, indirect or consequential loss or

damage incurred by any user in connection with the fitSEA App

or in connection with the use, inability to use, or results of the use

of the fitSEA App and/or Website, any websites linked to it and

any materials posted on it, including, without limitation any liability

for:

loss of income or revenue;

ii.

loss of business;

iii.

loss of profits or contracts;

iv.

loss of anticipated savings;

loss of data;

vi.

loss of goodwill;

vii.

wasted management or office time; and

viii.

for any other loss or damage of any kind, however arising

and whether caused by tort (including negligence), breach

of contract or otherwise, even if foreseeable or advised of

the possibility of the same.

(iii)

Our

liability to Users shall under all circumstances be limited to a

maximum of the amount paid by you (if any) at the time of registration

on our the fitSEA App and/or the purchase price paid by you for Products

in the fitSEA App and/or Website.

19.

Offences

(i)

Users must not misuse the fitSEA App and/or Website by knowingly

introducing viruses, trojans, worms, logic bombs, time bombs, cancel

bots, spyware or other material, computer programming routines, codes,

files or such other programs which are malicious or technologically

harmful, or limit the interests of rights of other users or limit the

functionality of any computer software, hardware or telecommunications.

You must not attempt to gain unauthorized access to the fitSEA App

and/or Website, the server on which our fitSEA App and/or Website is

stored or any server, computer or database connected to our site. You

must not attack our fitSEA App and/or Website via a denial-of-service

attack or a distributed denial-of service attack.

(ii)

By breaching this provision, Users would commit a criminal offence

under the Multimedia and Communications Act 1998. We will report any

such breach to the relevant law enforcement authorities and we will co-

operate with those authorities by disclosing your identity to them. In the

event of such a breach, your right to use our fitSEA App and/or Website

will cease immediately.

(iii)

We will not be liable for any loss or damage caused by a distributed

denial-of-service attack, viruses or other technologically harmful material

that may infect your computer equipment, computer programs, data or

other proprietary material due to Users use of our fitSEA App and/or

Website or to downloading of any material posted on it, or on any fitSEA

App and/or Website linked to it.

20.

Linking to the website

(i)

Users may link to our home page, provided you do so in a way that is

fair and legal and does not damage our reputation or take advantage of

it, but you must not establish a link in such a way as to suggest any form

of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

(ii)

Our fitSEA App and/or Website must not be framed on any other site,

nor may you create a link to any part of our site other than the home

page. We reserve the right to withdraw linking permission without notice.

(iii)

These linked sites are under no way in control of fitSEA App and/or

Website and we shall not be held responsible for the contents of any

linked sites, including without limitation to any link contained in the linked

site or any changes or updates to linked site. We shall not be held

responsible for any transmission whatsoever received by you from any

linked site. The fitSEA App and/or Website provides links to Users only

as a convenience and the inclusion of any link does not imply

endorsement by us or any association with its operators or owners. You

are requested to verify the accuracy of all information on your own before

relying on such information.

(iv)

If you wish to make any use of material on our fitSEA App and/or Website

other than that set out above, please address your request

to: letsconnect@fitsea.com.my

21.

Security

(i)

fitSEA has implemented commercially reasonable technical and

organizational measures designed to secure Users personal information

and User Content from accidental loss and from unauthorized access,

use, alteration or disclosure. However, we cannot guarantee that

unauthorized third parties will never be able to defeat those measures or

use your personal information and User Content for improper purposes.

Users acknowledge that you provide your personal information at your

own risk.

22.

Ownership of intellectual property including trademarks/service marks

(i)

All right, title and interest in usage of the terms fitSEA including but not

limited to all texts, graphics, user interfaces, visual interfaces, computer

code and any other information associated therewith are reserved by

fitSEA.

(ii)

All right, title, and interest in and to the Services (excluding your Content)

are and will remain the exclusive property of fitSEA Sdn Bhd and its

licensors. Any use of the fitSEA App or its contents, including copying or

storing it or them in whole or part, other than for your own personal, non-

commercial use is prohibited without the permission of fitSEA Sdn Bhd

(iii)

Except as expressly provided in these terms of use, no part of fitSEA

and no content or marks, data, statistics, independent research

conducted and posted by fitSEA may be copied reproduced,

republished, uploaded, posted, publicly displayed, encoded, translated,

transmitted, or distributed in any way including (“Mirroring”) to any other

computer, server, website, or other medium for publication or distribution

of any for any commercial enterprise, without prior written consent.

(iv)

By accepting the use of terms hereunder you agree that the fitSEA does

not transfer/assign the title to the fitSEA App and/or Website to you, and

nothing in these terms and conditions shall imply or be deemed or

construed to mean that any right, title and interest (including but not

limited to intellectual property rights) stands transferred/assigned to you

by fitSEA, we retain the full and complete right, title and interest to the

fitSEA App and/or Website, and all intellectual property, title and interest

to the fitSEA App and/or Website, and all intellectual rights therein. You

may not redistribute, sell, decompile, reverse engineer, dissemble, or

otherwise reduce the fitSEA App and/or Website in any manner which is

contrary to this Agreement.

(v)

Any usage of fitSEA’s contents, without the written authorization of

fitSEA, shall be considered a breach of this Agreement, and you shall be

required indemnify fitSEA for all liability incurred in this regard.

23.

Non-Competition Clause

For a period of 12 months upon Users registering an account with fitSEA,

Service Providers shall not engage directly with Users for Services that are

provided and listed in the fitSEA App for whatever reason, and Users and

Service Providers shall not be directly or indirectly engaged or interested in or

conduct any trade or business in Malaysia which is wholly or partly in

competition with any business carried on by fitSEA.

24.

Governing law

(i)

This Agreement and all terms and conditions herein and all disputes and

differences arising out of or in connection with this Agreement (including

any dispute regarding its existence, validity or termination or the

consequences of its nullity) shall be governed by and construed in

accordance with the laws of Malaysia. The courts of Malaysia shall have

exclusive jurisdiction to settle any dispute arising out of or in connection

with this Agreement (including a dispute regarding its existence, validity

or termination or the consequences of its nullity).

25.

Relationship between the website and legal name

(i)

The Website and fitSEA App and or website, , is registered and owned

by fitsea Sdn Bhd, and usage of this fitSEA App and/or Website and

affiliated links is subject to this Terms of Use and Privacy Policy.