Terms & Conditions
Welcome to Evexia Collective. This Terms of Service is a legal contract that binds you, the reader and us, Evexia Collective Pte. Ltd. (hereafter “Evexia”). It relates to your use of our website, mobile, web and desktop applications, dashboards, extension, and services. These shall subsequently be referred to in these Terms as the “Platform”. Our Platform allows you to, among other things, submit, store, and access certain data and other information related to you as applicable (collectively, “User Data”).
Carefully read through the terms and clauses to understand the eligibility requirements, rights and obligations, liability, and other related terms of this contract. If you do not agree with these terms of service, you must reject them by not registering for or using our platform.
Please note that, by registering, accessing, using or subscribing to our Platform and by clicking “I Agree,” or otherwise affirmatively manifesting your intent to be bound by these Terms of Service, you signify that you have read, understood, and agree to be bound by the following terms, including any additional guidelines and any future modifications.
MODIFICATION OF THE PLATFORM
Subject to applicable law, the Company may change or discontinue, temporarily or permanently, any feature or component of our Platform at any time without notice.
PARTIES TO THIS CONTRACT
This Terms of Service binds the following persons to this contract.
Company – This refers to Evexia and may often be referred to as “We”, “our”, “us”, or “Company” throughout these Terms.
You – This refers to the users which may include individual, corporation, organization, legally recognised entity excluding minors and persons without the capacity to enter into a contract. Please note that you must be 18 years of age or you must have attained the age of majority before using or accessing our Platform. Therefore, our platform is not directed at minors. The use of this platform is void where prohibited by applicable law and we assume no responsibility or liability for any misrepresentation of age.
Employer – This refers to our Client (which may be a Company/Corporation/Organization) who enters into a binding contract to create accounts on our platform and enrol its employees to a selected program.
Employee – This refers to a person employed by our Client for salary or wages.
Our Services – This refers to all services provided for our website including clinical and clinical support services, coaching services, and medical services.
Digital Platform – This refers to our website, mobile, web and desktop applications, dashboards, and extension.
Third Party Providers – This refers to providers, agents, and affiliates of both parties but to whom we may disclose personal information relating to our users. This includes payment providers, insurance companies, cloud communication platforms, and in the case of an emergency, hospitals or designated health practitioners (example, a medical doctor). Elaborate instances include:
● Third Party Insurance Company – This refers to insurance companies that we or Employers may work with.
● Third Party Coaches – This refers to professionals we may hire as independent contractors to provide coaching services to our users.
Third Party Medical Professionals – This refers to clinical psychologists, medical doctors, and neuroscientists and psychiatrists we hire as independent contractors to provide clinical support and guidance.
Please note that we shall not be liable for the actions or liability of these third-party providers. Ensure to abide by their terms and conditions.
Subject to these Terms of Service, you may receive our services listed on our website and app including therapeutic exercises, coaching sessions, success support, and other related services.
Upon registration on our Platform, you agree to the following:
● You must comply with these Terms of Service and all applicable laws at all times whenever you access or use Platform including any services made available through it.
● The Company and its licensors and suppliers hold all proprietary rights in and to the Platform and the information made available through the Platform, and the Company provides a license to you for the purposes of receiving its services subject to your compliance with these Terms of Service.
● We collect data from you to deliver our services as set out more fully in the Privacy Statement.
● You give us your informed consent to use the means necessary to provide you with our coaching services in compliance with applicable law, including remote-access communication features/functionality (such as video, text, or audio) and the information you voluntarily provide to us.
● While the Services may provide access to certain general medical information, the Services cannot and are not intended to provide medical advice. You understand and confirm that the Company is not a licensed medical provider and does not provide medical care, healthcare services or emergency services. We only provide coaching services and do not intend at any time to provide medical or healthcare services to you.
YOU AGREE THAT THE PLATFORM, ANY COMPONENT OF THE PLATFORM, AND ANY INFORMATION MADE AVAILABLE THROUGH THE PLATFORM AND OUR SERVICES ARE NOT INTENDED TO BE USED FOR MEDICAL EMERGENCIES, SELF-DIAGNOSIS OR MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER REGARDING A MEDICAL CONDITION OR TREATMENT.
YOU AGREE THAT: (i) IF YOU ARE IN NEED OF OR ARE SEEKING MEDICAL TREATMENT OR EMERGENCY CARE, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER OR CALL EMERGENCY SERVICES IMMEDIATELY; (ii) WE DO NOT PROVIDE MEDICAL TREATMENT, ADVICE, OR DIAGNOSIS AND IS NOT A HEALTHCARE PROVIDER; (iii) WE ARE NOT YOUR HEALTHCARE PROVIDER, AND DO NOT PROVIDE EMERGENCY SERVICES, AND MAY NOT CONTACT YOU OR ANYONE ON YOUR BEHALF WITH RESPECT TO YOUR MEDICAL CONDITION OR TREATMENT; (iv) DATA PROVIDED BY US THROUGH THE PLATFORM IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER; (v) WE ARE NOT A LICENSED MEDICAL CARE PROVIDER AND HAS NO EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC TREATMENT ON A MEDICAL CONDITION; (vi) YOU SHOULD ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION; (vii) NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR RECEIVED USING THE PLATFORM; (viii) WE HAVE NO LIABILITY WITH RESPECT TO ANY SURVEY OR RESEARCH/MEDICAL PROGRAM OR STUDY WITH WHICH YOU MAY BE USING THE PLATFORM; AND, (ix) WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH OR IS GENERATED BY THE PLATFORM.
AGE OF CONSENT
You agree that you are at least 18 years of age or have attained the age of majority in the jurisdiction where you have access to this Platform. If you are below the required age of majority, you are prohibited from further use and access to this Platform. We shall not be liable to the use of this Platform by a minor or person below the age of 18 and Evexia is not responsible if age is misrepresented.
If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly:
Apple Store In-App Payments
Google Play In-App Payments
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it.
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees already paid for in the current Subscription period and you will be able to access the Service until the end of the current Subscription period.
If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.
You shall provide the Company with accurate and complete billing information including full name, address, state, postal/zip code, telephone number, and valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled Your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
ACCOUNT ACTIVITY RESPONSIBILITY
User Account – In order to use our Platform, you will have to register and create an account (“User Account”). When creating your account for the Service, you agree to provide true, accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of your username or password), you agree to immediately notify the Company. You may be liable for the losses incurred by us or others due to any unauthorised use of your User Account.
System Access – You may choose to allow us to automatically retrieve data from your system(s). You hereby warrant that you have the permission, authority, and rights to allow the Company to access such system(s) and services and retrieve User Data therefrom by indicating the same within your User Account. We disclaim any and all liability associated with accessing and retrieving User Data from such system(s) and services on your behalf. If at any time you do not have the right and authority to allow us automatic access to such system(s), then you hereby agree to immediately disable such functionality within your User Account.
Account Information – You acknowledge and agree that we may access, preserve and disclose your account information and related contents if required to do so by law, or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Data violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Company, its users, or the public.
GRANT OF LICENSE
Subject to the terms and conditions of these Terms of Service, we hereby grant to you a personal, non-transferable, non-exclusive, revocable, royalty-free, limited license to install and use our platform on your mobile device for the purposes of receiving and participating in the services we provide. Users shall have no right to sub-license or resell the Service or any component thereof.
LOGIN INFORMATION AND ACCESS
We will protect all confidential and any personally identifying information that you may provide when completing the applicable online forms to establish your username/password or account with us (“Account Data”). You agree to provide, maintain and update true, accurate, current and complete Account Data, and represent that you will not misrepresent your identity or your affiliation with any person or entity. Company reserves the right to authenticate any information you provide. You shall be responsible for all use and access of the App by means of usernames/passwords issued to you. You will notify the Company promptly of any unauthorised use of your username/password or account or any other known or suspected breach of security, or other occurrence requiring username/password or account cancellations or changes. We cannot and do not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your account or for any third party’s fraudulent use or misuse of information submitted by you. You are solely responsible for providing accurate information so that you can be provided with the appropriate coaching services. We are not responsible for your failure to provide the information needed to provide you with appropriate services.
When using our Platform, you agree not to:
1. Attempt to gain unauthorised access to our Platform, computer systems or networks connected to the Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
2. Modify our Platform in any manner or form, including but not limited to for the purpose of obtaining unauthorised access to our platform;
3. Impersonate another person or access another User’s User Account without that User’s permission or to violate any contractual or fiduciary relationships;
4. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
5. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the App and the Service, features that prevent or restrict use or copying of any content accessible through the Platform;
6. Access our platform if you are a direct competitor of the Company, except with the Company’s prior written consent, or for any other competitive purposes; or
7. Collect or harvest any personally identifiable information, including account names, from the Platform.
We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing and to terminate the accounts of repeat alleged infringes.
TERMINATION OF USE
Evexia is free to terminate (or suspend access to) use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Evexia has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in the destruction of any Content associated with your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or reimburse us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us.
CONSENT TO ELECTRONIC CONTRACTING
You agree that execution of these Terms of Service may occur by manifesting your acceptance of it when you use our Platform, and that no signature on a paper copy of these Terms is required in order to form a binding contract.
CONSENT TO ELECTRONIC COMMUNICATION
You agree that we may provide you with notices and other disclosures in connection with the Platform by postings on the Platform and/or communications sent to the email address or mailing address provided by you when you registered to use our Platform.
LINKS TO THIRD PARTIES
Our Platform may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party’s site. We strongly advise you to review the terms of every site you visit.
We have no control over and assume no responsibility for the content, security, terms, compliance or practices of any third-party sites or services.
Our Platform is provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Evexia, its partners, affiliates, licensors, and agents disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
We do not warrant that the functions contained in the Platform will be uninterrupted or error-free, that the Platform will meet your requirements, that defects will be corrected, or that the Platform or the server that makes it available is free of viruses or other harmful components.
LIMITATION OF LIABILITY
We will not under any circumstances, including, but not limited to, negligence, be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation losses or liability resulting from loss of data, loss of revenue, anticipated profits, or loss of business opportunity) that result from your use or your inability to use the information or materials on the Platform, or any other interactions with us, even if we or out authorised representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
In no event our total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the Platform, including without limitation your interactions with other users, (whether in contract, tort including negligence, warranty, or otherwise) exceed the amount paid by you, if any, for accessing the Platform during the twelve (12) months immediately preceding the day the act or omission occurred that gave rise to your claim.
Upon request by us, you agree to defend, indemnify and hold us and our partners, affiliates, use providers, licensors, suppliers, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your violation of these Terms of Service; or (b) your violation or infringement of any intellectual property or other third party rights or any applicable law in connection with your use of the Platform. 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.
We shall not be liable for failure to perform any of its obligations hereunder during any period in which such performance is delayed or impracticable due to circumstances beyond our reasonable control, including without limitation earthquakes, fire, flood, war, embargo, riot, inability to secure materials, transportation, or power/utilities, intervention of any governmental authority, or acts of nature.
These Terms contain the complete and entire agreement and understanding of the parties regarding the subject matter hereof, and supersede all proposals, oral or written, all negotiations, conversations, discussions and all past course of dealing between you and us relating thereto.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless such waiver is in writing and signed by the Company.
In the event any term in these Terms is held by a court of competent jurisdiction to be unenforceable, such unenforceability shall not affect the remaining terms of these Terms of Platform in such jurisdiction or render unenforceable or invalidate such terms and provisions of these Terms in other jurisdictions. Upon such determination that any of the terms or provisions of these Terms of Service are held to be invalid under any applicable statute or rule of law, they shall be severed from the rest of these Terms and the remaining provisions of these Terms shall survive and be interpreted so as best to reasonably effect the intent of the parties and the parties agree to replace any invalid or unenforceable provisions in a mutually acceptable manner in order for the transactions contemplated hereby to be consummated as originally contemplated to the greatest extent possible.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service shall be governed by and construed in accordance with the laws of Singapore.
Any dispute, controversy or claim arising out of or relating to these Terms, including the conclusion, interpretation, breach, termination, or invalidity thereof, which we fail to resolve within reasonable time after receiving notification from you, shall be settled by the Singapore International Arbitration Centre in accordance with its Rules. These Terms of Service shall be regulated by the substantive laws of Singapore. The number of arbitrators shall be one (1). The place of arbitration shall be Singapore. The language to be used in the arbitral proceedings shall be English. Awards of the Arbitration Court shall be final and binding upon all parties.
MODIFICATION OF THE TERMS
We reserve the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time. You agree to review these Terms periodically for changes. When we make minor changes to the Terms, we will update the ‘Last Updated’ date at the top of this page. When we make changes to the Terms in a material manner, we will update the ‘Last Updated’ date at the top of this page and notify you that material changes have been made to these Terms. If any such revision is unacceptable to you, your only remedy is to terminate your User Account.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.