OOMPH ASIA CAFE SDN BHD
30 Days Fitness Program Terms and Conditions
These Terms and Conditions (“terms”) govern your use of our 30 Days Fitness Program, (“the Program”) and your relationships with Oomph Asia Cafe Sdn. Bhd. (Company No.: 202001021254[1377574-K]) (“we”, “our”, “us” or “Oomph”), whose business address is at No. 52-B, Jalan Desa Bakti, Taman Desa, 58100 Kuala Lumpur, Malaysia. By clicking accept and/or registering for the Program with Oomph, you are entering into a binding agreement with Oomph.
Please read these Terms carefully as they affect your rights and liabilities under the law.
The Program is not intended to be used by, or targeted to, anyone under the age of 17. You must be at least 17 years old to use the online services. If you are below the age of 18 years old, then you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to join the Program.
If you or your parent or guardian do not agree to these terms, then you must immediately stop using the services provided by Oomph and request that Oomph closes any online services account that you have created. You can request for account deletion and termination by contacting us by email at firstname.lastname@example.org, please include the email address of the account that you want to be deleted and terminated.
NOTE: If you do not agree to these Terms, please do not register as our member, use our website, and/or purchase any of our Products.
Oomph (nor any of its employees, agents or representatives), are NOT engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself out as qualified to do so.
We strongly recommend that you seek that you seek professional medical advice before embarking on any of the Program.
- The Program provides an online personal training service through which includes, but not limited to, fitness advice, online video courses, tailored fitness program, diet programs and other service not specifically mentioned herein.
- These terms will apply to all users (“you”) of this Program and all purchasers of the Program.
- By registering and/or purchasing the Program from us, you AGREE to be a member of the Program and be bound by these Terms.
- Please note that these Terms may be amended from time to time. Notification of any changes by us will be made by posting new terms onto www.oomph.asia (“our Website/the Website”). In continuing to perform the Program you confirm that you accept the then current Terms in full at the time you use the Website. If you do not accept the amended Terms then you must contact us to cancel/terminate your registration or subscription and the previous terms will continue to apply pending the cancellation/termination.
We will offer through the Program the following services (“the Services”):
- Motivational contents;
- Fitness contents;
- Fitness Diary;
- Training guides;
- Online coaching;
- Patties (Chicken);
- Diet meals; and
- Our tailored fitness plans.
- You can view and access the Website free of charge, however in order to purchase any of our Programs you must register as a member.
- The fees payable in respect of the Program will be displayed on the Website.
- We are Oomph Asia Cafe Sdn Bhd (Company No.: 202001021254[1377574-K]) whose business address is at No. 52-B, Jalan Desa Bakti, Taman Desa, 58100 Kuala Lumpur, Malaysia.
We can be contacted by email at email@example.com.
- When you register as a member, you will be requested to provide certain personal information which includes but not limited to your name, email address, postal address, and your payment details. Any personal information you provide to us will be handled in accordance with our Privacy and Data Protection Policy which can be seen accessed at https://oomph.asia/privacy-policy/.
- On registration, you will be asked to create a password for your account. You must keep this password confidential and must not disclose it and/or share it with anyone. In the event if you know or suspect that someone else knows and/or misappropriated your password, you should notify us by contacting firstname.lastname@example.org immediately.
- In the event that we have reason(s) to believe that there is likely to be a breach of security or misuse of the Website through your account by means of the use of your password or otherwise, we may require you to change your password or we may suspend or terminate your account. Unless we are satisfied that your account is secure, you may not be able to access the Website or perform the Program.
- You agree that all personal information that you supply to us are accurate, complete and up to date at all material times. We may use the information provided to us to contact you.
- If you desire to seek a refund for any reason, including if the Program is unsatisfactory for you or for other reasons, please contact us and we will proceed to review the refund in accordance and referring to our strict refund policy.
- If you want to end your contract with us, please let us know by contacting us at email@example.com. Please provide your name, address, order details, phone number, email address and the reason of cancellation.
- On your purchase of the Program, we will grant to you, for your own personal use only, a limited, non-exclusive, non-transferable license to access our Website and (as the case may be):
i.) access to our video contents on a streaming only basis;
ii.) access and download our contents.
- You are not permitted to share any of the contents licensed under these Terms with any other individuals.
- Except for the foregoing limited license, no right, title or interest shall be transferred to you.
Viruses, hacking and other offences
- You agree not to upload any files or post, distribute publish any files on the Website that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s computer.
- You must not misuse the Website 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 the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
- By breaching this provision, you would commit a criminal offence under the Computer Crimes Act and Personal Data Protection Act 2010. 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 membership and right to use the Website will cease immediately.
- We will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or by downloading of any material posted on it, or on any website linked to it.
- Although we aim to offer you the best service and experience possible, we make no promise that the Program will meet your requirements. We cannot guarantee that the Program will be fault-free. If a fault occurs with the Program you should notify and contact us at firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can, subject to terms and conditions.
- Your access to the Program may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new contents or services or because we are unable to offer the Program for reasons beyond our control. In this event, we will attempt to restore the Program as soon as we reasonably can. Any such restrictions or interruptions shall not constitute a breach by us of these terms.
- We will not be held liable and/or be responsible of matters below arising as a result of you using the Program:
i.) Death or personal injury;
ii.) Health issues; and
iii.) Fraud or fraudulent.
- Oomph Asia Cafe Sdn. Bhd. (nor any of its employees, agents or representatives), is engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself of out as qualified to do so.
- We strongly recommend that you seek professional medical advice before embarking on the Program.
- The Program, even in healthy individuals, carries risk. You have the responsibility to exercise you own personal judgment, as well as any other considerations, before acting on any of the Program provided by us.
- Where we provide you with relevant information for the Program, the information contained therein should not be regarded as or relied upon as being a comprehensive information of health and fitness. Accordingly, any actions that you take in relation to the Program should not be pursued regardless or to the exclusion of other information, opinions or judgments that are available to you.
- The Program would have been prepared on the basis of information provided by you. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when you perform the Program.
- Before taking any action in relation to the Program, you must take into account any other factors of which you are or ought to be
For example, we always recommend that you seek professional medical advice before embarking on the Program. Your decisions to engage in the Program should take into account any medical or other professional advice that it available to you as well as using your own personal judgment as to what activity is safe for you to engage in.
- The information set out in the Program may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context.
For example, where a program was tailored for a woman who was not pregnant, this would not be appropriate for her to use after becoming pregnant.
- You are responsible for informing us of any health issues and pre-existing medical conditions when you join the Program.
- Any information that we provide that does not form part of the Program, whether obtained through our website, e-book, video course, social media (such as Facebook, Instagram, Youtube or Twitter) or otherwise, is provided for the purposes of general information only.
- While we believe that for most people, following our programmes and methods in the Program will lead to desired results, all exercise programs depend on the individual. Result will be affected by the effort and commitment of the individual, however in some circumstances even where an individual follows our program, they may not achieve the desired results. We therefore provide no warranties of any kind, express or implied, as to:
i.) the effectiveness any techniques, diets or programmes that we deliver; or
ii.) the results that you may achieve as a result of following our programs.
- All testimonials contain shown on our website or in our content are real people who have followed the plans provided by us. For the avoidance of any doubt, however, they are not indicative of the results that you are likely to achieve, rather they are included as examples of the results that particular individuals have achieved.
- In the event if you are not satisfied with the Program and you seek for a refund on the Program, please contact us at email@example.com and we will set up an appointment for a review on your progression, meal intake and other relevant information.
Kindly note that this is on a case by case basis and will not be a general refund.
- We hold the absolute right and discretion to offer you a refund or provided you with relevant compensation in the form of extending your access to the Program and/or other relevant compensation as the case may be.
Data Protection Policy
- We request that all personal information that you provide is accurate, current and complete.
- Any information which is collected using the Website including sensitive and personal information will be held by us in accordance with our Privacy and Data Protection Policy. You are responsible for ensuring that the user has given the appropriate consents.
- All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these terms, you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
- Any personal information that you provide to us in using the Website or as a member will be handled in accordance with our Privacy and Data Protection Policy which can be seen in https://oomph.asia/privacy-policy/.
- By providing any content for distribution by us (such as photographs, videos and other forms of media not specifically mentioned herein) you expressly grant us a worldwide, royalty-free, perpetual, irrevocable licence to use, copy, store, perform, display and distribute such content which includes for the use of commercial purposes.
- The format and content of the Program is protected by the Malaysia Copyright Act 1987 and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Website.
- The Program or any portion of the Program may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Program without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Program without our express written consent.
- You shall comply with all foreign and local laws and regulations which apply to your use of the Program in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
- These conditions are governed by and construed in accordance with the laws of Malaysia. You agree, as we do, to submit to the jurisdiction of the Malaysian courts.
- If you breach the Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
- We will not be responsible for any breach of the Terms caused by circumstances beyond our reasonable control.
- We may make changes to the Terms in the Website at any time without notice.
We require that our members be over the age of 18 or have express written permission of their parents (for members below the age of 18) before joining the Program.
Please do not purchase our products if you are under 18 without prior written permission from your parent or guardian.
OOMPH ASIA CAFE SDN BHD
(Company No.: 202001021254[1377574-K])
Updated 1st November 2020