TERMS & CONDITIONS

Terms and conditions

  • Engage Life is a service provided by Fitxcapes Sdn. Bhd., located at A-8-02 Menara Prima Avenue (THE TUBE), Jalan PJU 1/37 Dataran Prima, 47301 Petaling Jaya, Selangor Malaysia (“Fitxcapes”, “we”, “our” or “us”). By accessing, installing or using (whichever applicable) goods, services, mobile app including the Engage Life mobile app, website, forums or platforms including digital content available therein (collectively, Services) you agree to be bound by these terms and conditions (including our privacy notice herein) (collectively, Terms).
  • By clicking “Submit” and proceeding to access, install or use our Services, these Terms are legally binding and would govern your usage of our Services, we therefore encourage you to please read these Terms carefully and reach out to us if you have any questions.

Identity and authorisation

  • Throughout these Terms, “you” or “yours” applies to both individual user and entities that access, install or use the Services.
  • You must be at least 13 years old to use the Services. If you are a minor in your country, you shall have your parent or legal guardian’s permission to use the Services and to accept the Terms.
  • You warrant and represent that your personal details and contact details in relation to your identity is accurate, precise and complete; and agree, if upon any request at any time by Fitxcapes, to present a valid, government-issued photo identification, or the necessary corporate documents for verification purposes.
  • If you are the authorized representative of an individual, agent, sole proprietor, company, or entity (whichever applicable), you warrant and represent herein, that you have obtained the lawful authority via written authorization or consent from such individual, agent, sole proprietor, company or entity.
  • You agree not to impersonate or represent intentionally or unintentionally, in any way whatsoever, any third party, individual, agent, sole proprietor, company or entity without lawful authority; or otherwise provide, submit or present any false and/or misleading information to Fitxcapes.

Fitxcapes account

  • In order to use the Services, you must have a valid account.
  • You are solely responsible for keeping your account information updated.
  • You are solely responsible and liable for any activity that occurs under your account.
  • You are solely responsible for maintaining security of your account, including keeping your password secured.
  • You shall immediately notify us of any unauthorized usage of your account or any breach of security.
  • We will not be liable for any acts of unauthorised usage, or potential breach or breach of security or any damages of any kind incurred whatsoever.

Content policy

  • In providing our Services, we use reasonable efforts to provide accurate and updated digital content (including text, information, articles, images, videos, podcasts, events etc.) (“Content”).
  • You acknowledge that we are entitled to change any of the Content without notice to you.
  • Some Content may be offered by Fitxcapes or made available by third parties not affiliated by Fitxcapes.
  • Fitxcapes is not responsible and does not endorse any Content made available through the Services that is not originated from a source other than Fitxcapes.
  • Fitxcapes does not endorse content which is offensive, indecent, and/or which may violate or infringe laws under Malaysia or content involving any of the following –
    1. Adult content – including images, animation, videos, that contain nudity or sexual activity.
    2. Child safety – including any form of child sexual abuse imagery; pedophilia.
    3. Hate speech – including any form of language or content which promotes or condone violence, for the purpose (primary or secondary) of inciting hatred against another user, or group of user(s), on the basis of their race, ethnic origin, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any characteristics that is associated with discrimination.
    4. Terrorist content.
    5. Harassment and threats – including any content which harass and bully others.
    6. Misleading content – including any content which deceives and confuse others.
    7. Regulated goods and services – including any content for the purpose of promoting, selling, or facilitating the usage of regulated goods and services, including but not limited to, alcohol, gambling, pharmaceuticals, supplements, health and medical devices.
    8. Dangerous and illegal activities.
    9. Spam.
    10. Sensitive content – including any content which is against the business values of Fitxcapes.
    11. Any content which we believe that such content and/ or your conduct causes harm or liability to any other user who has access to our Services.
  • You acknowledge that Content in particular to exercise, wellness and fitness is strictly for guidance only, we strongly recommend that you consult your doctor, physician, nutritionist, and qualified experts, and take active steps and precautions to protect yourself. By performing any exercise, wellness and fitness regimes guided by the Content, you agree that you are performing them at your own risk. We shall not be responsible or liable for any injury or harm you sustain as a result thereof.
  • You agree that any Content obtained through access, installation or usage of our Services is obtained entirely at your own risk. You further acknowledge that you are solely responsible for your conduct and all content posted by you. We disclaim any responsibility resulting from your access, installation or usage of the Services and Content thereof.
  • If you allow any party access or installation or usage of the Services through you (and the Content thereof), you shall be solely responsible for your conduct including any harm and repercussions thereof. We disclaim any responsibility owing to such party.
  • If you violate Fitxcapes’ content policy, we reserve our rights to suspend and/or terminate your account, and/or remove content you posted which is in violation with Fitxcapes’ content policy, and/or terminate and/or suspend your usage and access to Fitxcapes’ Services Platforms, and/or report for law enforcement.

Malware Protection

  • We shall not be responsible or liable for any direct, indirect, incidental, consequential or cumulative losses or damages arising out of your usage or inability to access, install or use the Services.
  • If you access, install or use any of our Services, you are responsible for taking precautions as may be necessary, to protect yourself and your computer systems or software, from any form of viruses, worms, Trojan horses, other harmful or destructive content.
  • You are not to attempt, or assist, authorise or encourage others to circumvent, disable, or defeat any of the security features or components that protects, obfuscate or otherwise restrict access to any Services of the Content.

Intellectual property rights

  • You agree that intellectual property rights (whether registered or not) of the Services belong to Fitxcapes.
  • You are not allowed to copy, modify, distribute, lease, remove, obscure, or alter, in any way, any features of the Services or the Content (including branding, logo or legal notices), without our written permission to do so.

Indemnity

  • By accessing, installing or using our Services, you undertake to indemnify and hold harmless Fitxcapes on full cost basis against all and any claims, liabilities, suits, litigation, proceedings, costs, expenses, which may be brought, instituted or imposed, direct and indirect regardless on the form of action, whether in contract, tort, specific performance or otherwise on Fitxcapes or which may be suffered or sustained by Fitxcapes as a result or in connection to any breach of the Terms herein by you.
  • You shall not provide any authorization, consent, instruction, undertaking or settlement that requires a material act or admission by Fitxcapes without prior written permission of an authorised personnel of Fitxcapes.

Limitation of liability

  • Fitxcapes’ maximum aggregate liability which arises from events herein (if any) will be limited to the actual amounts paid by you to Fitxcapes for a particular Service in the relevant calendar year.

Privacy Notice

  • The Terms applicable to personal data protection is provided below.
  • Fitxcapes may collect, process and disclose personal data including sensitive personal data (as defined in the Malaysian Personal Data Protection Act 2012 (PDPA)) relating to you, and you consent to the collection, processing and disclosure of such data.
  • You agree to keep Fitxcapes informed of any changes to the personal data at all material times.
  • If necessity arises to obtaining your consent, authorization or permission in relation to processing and disclosure of personal data including sensitive personal data (as defined in PDPA), by clicking “Submit” and proceeding to access, install or use our Services, such consent, authorization or permission is deemed to have been obtained by you unless you communicate otherwise to Fitxcapes.

Updates

  • Our Services may need to be updated. You acknowledge and agree that Fitxcapes may automatically update or upgrade its Services (for example, bug fixes, enhanced functions, appearance enhancement, design/ landscape enhancement, feature enhancement, additions of benefits/ points system/ tabs etc) (“Updates”).
  • By agreeing to the Terms, you agree to receive such Updates automatically.
  • You acknowledge that we may update these Terms to reflect the Updates in our Services. You will be provided at least 14 days’ notice, and the updated Terms will be effective after such period.

Law

  • Malaysian law will govern these Terms and all disputes arising out of or relating to these Terms.

Nature of these terms

  • These Terms describe the relationship between you and Fitxcapes. They shall not be construed as creating a partnership, or employer-employee, or agency relationship.

Severability

  • If any of these terms is not valid or enforceable, this will not affect other terms.

Waiver

  • It shall not be construed that we have waived any of our rights under this Agreement, simply because we failed to exercise such right or delay in exercising the right.

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