W2K - Virtual Walkathon TERMS & CONDITIONS Last Updated: Thursday, February 15, 2018 (The term ayubo.life or we as used herein shall be used to describe Digital Healthcare Solutions (Pvt) Ltd a company duly incorporated under the laws of Sri Lanka bearing company number PV106807 and having its registered office at Hemas House, 75 Braybrooke Place, Colombo 02, Sri Lanka which term shall where the context so admits mean and include the said Digital Healthcare Solutions (Pvt) Ltd and its successors and.assigns The term W2K shall be used to describe the W2K- Virtual Walkathon Challenge taking place between the 1st to the 31st of March 2018) Necessary Equipment Full use of the W2K service is dependent upon your use of a supported smartphone device and internet access, as well as any supported wearable devices. The maintenance and security of this equipment may influence the performance of the W2K Challenge and it is your responsibility to ensure the equipment s functionality. W2K Virtual Walkathon Challenge Rights W2K Content includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the W2K Challenge and ayubo.life Mobile application to you. W2K content, the ayubo.life services and its underlying technology are protected by copyright, trademark, patent and other intellectual property laws of Sri Lanka. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the W2K challenge. What You Can Do On The W2K Challenge and ayubo.life Mobile Application The W2K Challenge is intended for your personal, non-commercial use. ayubo.life grants you a limited, nonexclusive, non-transferable, non-sub licensable license to (1) access and view the W2K Content, (2) access and use the software and mobile applications provided by ayubo.life, and (3) use the digital technology that is embedded into ayubo.life products and services as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the W2K Challenge as permitted in these Terms. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit W2K or ayubo.life Content, W2K Challenge or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ayubo.life or its licensors, except for the licenses and rights expressly granted in these Terms. What You Cannot Do On The W2K Challenge and ayubo.life Mobile Application Except to the extent permitted by law, you may not do any of the following while accessing or using the W2K Challenge: (1) use, display, mirror or frame the W2K Challenge or any individual element within the W2K Challenge, W2K name, W2K trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without express written consent from ayubo.life; (2) access or tamper with non-public areas of the W2K Challenge, ayubo.life computer systems, or the W2K Virtual Walkathon TERMS & CONDITIONS Page 1 of 5
technical delivery systems of providers; (3) test the vulnerability of any ayubo.life system or breach any security or authentication measures; (4) circumvent any technological measure implemented by ayubo.life or any of its providers or any other third party (including another user) to protect the W2K Challenge service or ayubo.life Content; (5) access the W2K Challenge or ayubo.life Content through the use of any mechanism other than through the W2K Challenge via the ayubo.life mobile application; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that ayubo.life provides to you or any other part of the W2K Challenge. Age Recommendation The W2K Challenge has been developed and designed for use by healthy adults over the age of eighteen (18). ayubo.life is not responsible for any injuries or health problems arising or made worse by use of the W2K Challenge, for individuals both above and below the recommended age, and/or any social or socioeconomic impact of participation by individuals below the recommended age. Participate in The W2K Challenge at Your Own Risk Our goal is to provide helpful and accurate information on the W2K Challenge, but we make no endorsement, representation or warranty of any kind whatsoever about any W2K Challenge content, information, services or recommendations. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the W2K Challenge. If you rely on any W2K Challenge, you do so solely at your own risk. Consult Your Doctor Before Using The W2K Challenge W2K Challenge is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the W2K Challenge, engaging in an exercise program or changing your diet. If you experience a medical emergency, stop using the W2K Challenge and consult with a medical professional. We are not responsible for any health problems that may result from use of the W2K Challenge. If you engage in any exercise program you receive or learn about through the ayubo.life mobile application and services you agree that you do so at your own risk and are voluntarily participating in these activities. If you start to experience redness or skin irritation on your wrist, remove your wearable devices. If symptoms persist longer than 2-3 days of not using your device, contact a dermatologist. Use Common Sense Use of the W2K Challenge and ayubo.life services should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany ayubo.life products or services. Contests And Giveaways Winners of Contests and Giveaways for the duration of the W2K Challenge will be contacted via email by a duly authorized representative of ayubo.life within thirty (30) days of the closure of the W2K Challenge. It is the responsibility of the recipient of such contest and giveaways to respond to any queries within thirty (30) days of receipt of such communication via the email address registered on the ayubo.life platform. Failure to respond within the stipulated period will render the receipt of such contests and giveaways null and void, without notice from ayubo.life or its partners. Collection of winnings from such contests and giveaways must take place at the ayubo.life office at Hemas House, 75 Braybrooke Place, Colombo 02 within thirty (30) days of communication via email. ayubo.life will provide delivery of such winnings, at the request, and complete risk of the receiving party. However, ayubo.life can for whatever reason deny a delivery request, therefore requiring collection at the ayubo.life W2K Virtual Walkathon TERMS & CONDITIONS Page 2 of 5
office at Hemas House, 75 Braybrooke Place, Colombo 02 within thirty (30) days of communication via email. For contests and giveaways sponsored and provided by third parties, external to ayubo.life, it is the responsibility of the recipient to claim such winnings from said third party as per said third party s stipulated terms and conditions. ayubo.life takes no responsibility of the recipient failing to comply with the third party s terms and conditions. Disqualification ayubo.life reserves the right to disqualify any participant from the W2K challenge, and deny any and all contest and giveaway winnings, due to suspected usage of the W2K Challenge in a way other than intended and designed. This includes but is not limited to tampering with equipment, artificially stimulating step counts, and exploitation of vulnerabilities in the W2K Challenge or ayubo.life mobile application, platform, and /or system. In the event of such a disqualification the participant will lose all progress within the W2K challenge, any claim over prizes from contests and giveaways in the W2K Challenge, and access to their ayubo.life account. The participant may appeal the disqualification via email, however ayubo.life reserves the right not to entertain such appeals. All decisions made by the ayubo.life management pertaining to disqualification will be considered final. You Agree to Receive Alerts And Notifications As part of your use of the W2K Challenge and ayubo.life mobile application, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account and smartphone settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Changes To The W2K Challenge ayubo.life may change or discontinue, temporarily or permanently, any feature or component of the W2K Challenge at any time without notice. ayubo.life is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the W2K Challenge. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by ayubo.life software products without prior notice to you. Termination If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting Customer Support. Upon any termination, discontinuation or cancellation of the W2K Challenge or your account, the provisions and terms outlined within this document will survive. Disclaimers THE W2K CHALLENGE AND AYUBO.LIFE CONTENT ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the W2K Challenge will meet your requirements or be available on an uninterrupted, secure, or errorfree basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or W2K Virtual Walkathon TERMS & CONDITIONS Page 3 of 5
reliability of any ayubo.life content. You acknowledge and agree that if you rely on any ayubo.life Content or the W2K Challenge, you do so solely at your own risk. Indemnity You will indemnify and hold harmless ayubo.life and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys fees arising out of or in any way connected with (i) your access to or use of the W2K Challenge (ii) Your Content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. Limitation Of Liability NEITHER AYUBO.LIFE, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE W2K CHALLENGE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE W2K CHALLENGE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AYUBO.LIFE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL AYUBO.LIFE S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE W2K CHALLENGE EXCEED THE AMOUNTS YOU HAVE PAID TO AYUBO.LIFE FOR USE OF THE W2K CHALLENGE, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO AYUBO.LIFE, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AYUBO.LIFE AND YOU. Dispute Resolution and Governing Law Any dispute between you and ayubo.life arising out of or relating to these Terms of Service, the W2K Challenge, or any other ayubo.life products or services (collectively, Disputes ) will be resolved amicably. If such dispute is not resolved amicably the same shall be referred to the courts in Sri Lanka. This Agreement is governed and construed in accordance with the laws of Sri Lanka. Limitation on Claims: Any claim or cause of action arising out of or related to your use of ayubo.life services or W2K Challenge must be filed within six (06) months after such claim or cause of action arose, or else that claim or cause of action will be barred forever. General Terms Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between ayubo.life and you regarding the W2K Challenge, and these Terms supersede and replace any and all prior oral or written understandings or agreements between ayubo.life and you regarding the W2K Challenge and ayubo.life content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. W2K Virtual Walkathon TERMS & CONDITIONS Page 4 of 5
You may not assign or transfer these Terms, by operation of law or otherwise, without ayubo.life s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. ayubo.life may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by ayubo.life under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the W2K Challenge. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted. ayubo.life's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ayubo.life. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. W2K Challenge is exclusively for Sri Lankan users, unless otherwise decided by the management of ayubo.life. Privacy Policy We ensure that your personal information will not be disclosed to any entity or any party for any commercial or non commercial use except on a need to know basis, disclosed to our employees or consultants for the purpose of providing services on W2K Challenge on ayubo.life mobile application or for evaluating you on W2K Challenge on ayubo.life mobile application or for the purposes of selection, when participating for any contests on W2K Challenge on ayubo.life mobile application. Acceptance The use of W2K Challenge on ayubo.life mobile application is considered acceptance of the terms and conditions Additional Terms May Apply Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control. W2K Virtual Walkathon TERMS & CONDITIONS Page 5 of 5