Terms And Conditions

Terms and Conditions for Member

This Terms and Conditions for Member is applied to the service recipient (or referred to as the “Member”) of a healthcare course or services offered by Annex Active Co., Ltd., having its office at 654 Soi Anamai Ngam Charoen 27, Khwaeng Tha Kham, Khet Bang Khun Thian, Bangkok (or referred to as the “Company”). In consideration of the Company is the owner and operator of health, nutrition, physical therapy, exercises, fat reduction, related exercises online training consultancy services business, the Member hereby agrees to comply with the conditions prescribed by the Company. If the Member fails to comply with such conditions, the Company hereby reserve the right to cease its services that have been applied by the Member.

 

    1. Definitions

“Company” means Annex Active Co., Ltd., the owner and the operator of health, nutrition, physical therapy, exercises, fat reduction, related exercises online training consultancy services business.

“Member” means customers or users who have registered and accepted the terms and conditions for members of the Company.

 2. Preamble

   2.1 Being the Member is personal and is unable to handover or is not transferrable. However, the Company may transfer its rights and duties under this Terms and Conditions to any individuals or juristic persons at anytime without prior notice to the Member.

2.2 To ease the Member’ access to the Company’s services, the Member shall register the account. By registering with the Company, the Member agrees to provide correct and accurate information which is necessary for the registration and to be in compliance with this Terms and Conditions for Member and other effective conditions of the Company

2.3 Being the new Member and transfer of the Member’s status will be approved by the Company’s administrative department. The Company hereby reserves the right to refuse accepting the Member in any reason whatsoever at its sole discretion.

 2.4 The Member shall have at least15 years old. Parents/administrators of the Member having less than 20 years old but more than years old must sign a digital agreement with the Company to allow the minor in participating the training and shall abide with rules and conditions of the Company. In other alternative way, parents/administrator can provide the Company with written consent for registration of the minor.

2.5 The Member who has registered and paid for any course in advance is unable to request a refund and is not transferable.

  3. User Authorization and Reservation on Intellectual Property Rights

  3.1 The Member acknowledges and agrees that the exercise posts, methods, operational procedures of the Company, technical information shall be the copyright, trademark and other intellectual property rights of the Company solely in all respects. The Member shall have no right over such intellectual properties except the express authorization is obtained. Conditions and rights attached to them shall be solely reserved and owned by the Company.

 3.2 Intellectual Property Rights shall include but not limited to any and all exercise posts, methods, formula or procedures or trade secret, brand building, logos and interior decorations of the Company, marketing promotions, advertisements, themes. The Company does not allow the Member to photoshoot, copy, adapt, reproduce, amend or any other likewise acts. If the third party or Member breaches such conditions on intellectual property rights, the Company hereby reserves the right to proceed with litigations with such member or its affiliate in publishing, sharing or procuring any of such contents to other unauthorized sellers, competitors or third parties or any other likewise persons.

3.3 The Member shall not be entitled to any other rights other than those specified herein.

  4. Digital Registration

  4.1 The agreement with electronically signatures/electronically format shall be accepted under the law and shall not be refused of its effect, correctness or implications.

4.2 The member registration shall be deemed successful upon the Member agrees and accepts with the terms and conditions for Member under this Terms and Conditions for Member and pays for member fees or course fee under the conditions prescribed by the Company.

5. Payment and Member Fees

 5.1 The Member acknowledges and agrees that the management, cost determination and operation plan of any courses shall be provided by the Company. The Company may adjust the management, cost determination and operation plan of any courses on a case by case basis at its sole discretion without prior notice to the Member.

 5.2 The Member shall pay member fees in the amount prescribed by the Company, provided that such payment is not refundable and the member status shall become effective upon receiving of payment.

5.3 Failure in usage, not using the program or any functions of the program shall not constitute the cancellation of member fees payment in all respects.

 5.4 If the Member does not participate in the registered course and the Member fails to cancel such course under this Terms and Conditions, the Company shall reserve the right to refuse the refund for such registered course of the Member.

5.5 All costs for services shall include relevant taxes, including but not limited to, value-added tax (if any). The rate is subject to change depending on the relevant law.

Making payment by credit card shall subject to relevant transaction fees and other disbursements of the card issuer company and in the case of international card, shall subject to the exchange rate effective thereof. However, provided that if the Company offers any free services or to provide services without cost, relevant taxes, fees and certain costs are still applied.

 6. Physical Conditions of the Member

 6.1 The officers, representative, sub-contractors of the Company do not have medical qualifications. Therefore, if the Member has any questions regarding his/her physical conditions or capabilities in exercising, the Company suggests the Member to consult with a qualified medical practitioner first for safety purposes.

6.2 The Member shall represent and present that he/she has good physical conditions and has no medical reasons or any other reasons that shall prevent the Member in participating the exercises and the exercises will not harm the Member’s health conditions, safety, comfort, or physical conditions.

6.3 The Member warrants that the Member has good health condition and has no chronic decease which will prevent the Member from using the services and the Member warrants that he/she does not keep confidential of any information regarding his/her chronic decease or health conditions that shall cause the Company to deny its member status and the Member acknowledges that the Company does not provide any medical or nursing services including provide any physical examinations of the Member

7. Other Terms and Conditions

  7.1 The Company reserves the right to use a personal photo or group photo of the Member for its public relations or promotional purposes. In this regard, the Company shall obtain the Member’s consent regarding the use of Member’s photo or group photo provided in this clause.

7.2 The Member shall comply with the Company’s rules with subject to change, adjust, delete or add on a case-by-case basis at the Company’s sole discretion.

7.3 Failure to exercise any rights under the law of the Company shall not constitute a waiver. The Company shall have right to proceed with legal actions against the Member who breaches or causes damages to the Company.

 7.4 If there is any dispute arising our regarding the rights and obligations of the parties, interpretations or any other causes relating to this Terms and Conditions, Thai law shall be governed and such disputes shall be referred to the jurisdiction of Thai court.

7.5 If any of the agreement, conditions or terms become unenforceable, other remaining agreements, conditions and terms shall continue to enforce.

 8. Personal Data   

 8.1 Protection of privacy of the Member is important for the Company. Privacy policy of the Company in general and descriptions on how to use the personal data of the Member are provided herein.

 8.2 The Company realizes the importance of Member’s personal data and believes that it is the Company’s responsibilities in managing, protecting and operating the Member’s personal data in an appropriate manner.

 8.3 The Member hereby acknowledges, agrees and consents the Company to analyze, collect, storage, and use the Member’s personal data for the following purpos

 1) For operation, management and handling of contracts and benefit programs for the Member;
 2) For analyzing transactions or payments made by the Member for record purposes;
 3) For contacting or communicating with the Member via telephone, messages, facsimile, email, application, postal or any other channels in the future for the purpose of operating and managing contracts and benefit programs of the Member;
 4) For public relations and research purposes, analytic activities and development (including but not limited to information analyzation, exploration and/or profile creation) for development of services and equipment which shall be deemed that the Member consents the Company to do so;

  5) For record purposes;
  6) For reflecting the legal proceedings, legal rights and remedies, prevention of law suit or managing the complaints or any requests;
  7) For complying with laws, regulations, rules, legal proceedings or government’s requirements;
  8) For keeping, deposit and/or reservations of personal data (whether it is for restoration of system or else) whether located inside or outside of Thailand.

8.4 Member’s personal data may be used, disclosed, stored, accessed, analyzed and/or transferred to the following third parties for each of the above purpose

 1) The Company’s head office and its subsidiaries;
 2) The Company’s agent, contractor or any third parties service provider who analyze or will analyze personal data of the Member on behalf of the Company, including but not limited to the third party service provider engaged by the Company for (1) procure and maintain IT equipment for storage and access to your personal data (2) for operation or (3) for any other purposes relating to the services.
 3) The Company’s auditor or legal advisor;
 4) Financial institutions, credit card company or payment processing company;
 5) Government agency and government, court’s rules and other disputes

8.5 If the Company obtains the consent from the member in processing his/her personal data, the Member is able to revoke such consent in any time by delivering a written notice to the Company.

 9. Limitation on Claims

9.1 The Company or the agent of the Company shall not be responsible for any losses or damages suffered by the Member’s properties or any other persons or death or injuries and the Member agrees to not claim such losses or damages with the Company, its management or staffs in whatsoever reasons.

9.2 The Company, its subsidiaries, staffs and agents will not be responsible for any claims arising out from injuries, damages or any other actions causing from negligence, death, injuries, losses or damages. The Member shall waive his/her right in claiming such injuries or other claims from the Company, its subsidiaries, staffs and agents.

In being the Member, the Member hereby acknowledges the conditions of the Company prescribed herein. The Member hereby agrees and is ready to comply with this Terms and Conditions for Member and/or any other conditions to be prescribed by the Company thereafter.