Cariva (Thailand) Co., Ltd. (“Company” or “we”) executed these Terms and Conditions of Use (“Terms and Conditions”) to specify the terms and conditions for the use of the NextCercise Application (“Application”), which are binding upon the Company and you. Since your access and use of the Application will be governed by these Terms and Conditions, please read these Terms and Conditions carefully, before accessing the Application. By accessing the Application, you accept and agree to comply with these Terms and Conditions. In the event that you do not wish to be bound under any or all of these Terms and Conditions, please stop browsing and using the Application.
1.1 “Content” means information, details, pictures, videos, audios, texts, comments, feedbacks, and/or any other materials on the Application;
1.2 “Application User’s Content” means Contents that an Application User has created, posted, or uploaded onto the Application;
1.3 “User” means any person who visits or accesses the Application, registers as a member on the Application, or subscribes to receive a newsletter from the Application, and shall include a User Who is the Personnel of a Corporate Customer;
1.4 “User Who is the Personnel of a Corporate Customer” means an employee, or personnel, of a Corporate Customer;
1.5 “Application User” means a Corporate Customer, User, and/or Business Partner, as the case may be;
1.6 “Business Partner” means any legal entity that offers products and/or services on the Application, such as discount coupons, cash coupons, etc.;
1.7 “Corporate Customer” means a customer of the Company who/which is registered as a legal entity, and wishes to subscribe to the Application, so that their employees and personnel can access to and use the Application. A Corporate Customer shall also include an authorized representative and contact person of said Corporate Customer as well.
1.8 “Devices” means devices which are used for the purpose of tracking and checking steps, exercise, and health of the wearer, such as smart watches, fitness trackers, or any other similar devices.
2.1 The Company reserves the right to change, modify, limit, or stop the provision of services on any, or all, parts of the Application at any time. In the event that the applicable law requires, we may notify you of such change in advance.
2.2 The Company may charge fees for your subscription to the Application services. In such case, the Company will notify you in advance, before charging you such fees.
2.3 By accessing and using the Application, you may incur expenses in connection with the use of Wi-Fi or the mobile network, which you shall be solely responsible for.
2.4 You are responsible for checking and carrying out necessary acts to ensure that your Devices can connect to the Application and work normally.
2.5 The Company may update the Application from time to time. You shall always ensure that your Application is updated, so that you can use the Application without interruption.
3.1 The Company provides this Application, so that a User can track and record their exercises through the Application, and participate in activities and competitions held on the Application from time to time, to promote and encourage good health for the Users. As for the participation in activities and competitions, the Company may specify additional terms and conditions, which will be notified to you (if any).
3.2 A User may work out and participate in activities and competitions to earn points. After earning sufficient points, as specified, the User may redeem such points for a reward from the Company, under the terms and conditions for earning points and redemption, such as discount coupons or cash coupons for the purchase of products or services from Business Partners, or any other type of rewards that the Company may determine from time to time.
3.3 A User may contact and interact with other Users on the Application.
3.4 In the event of a User Who is the Personnel of a Corporate Customer, his/her access to the Application and services provided on the Application will be limited to the extent that the Corporate Customer, who is your employer, has chosen and paid a fee for.
3.5 In the event of a User Who is the Personnel of a Corporate Customer, other Users who are within your organization may be able to see your information, such as competition or activity rankings, etc.
3.6 A Business Partner can advertise their products and services on the Application.
3.7 The Company may send information, news, promotions, and any marketing materials, which are relevant to the services provided on the Application, to the Application User through the channels of contact that the User has provided to the Company.
3.8 You acknowledge that any services or contents provided on the Application shall not be deemed to be medical advice or recommendation. In the event that you wish to receive medical advice in regard to your health, or you wish to receive any urgent medical care, please contact your physician or the relevant organization.
4.1 In the registration/ membership application/ subscription process (collectively referred to as a “Subscription”), you shall provide correct and complete information, which is not a misrepresentation or false information. Moreover, you shall not subscribe to the Application by using another person’s information, without said person’s permission.
4.2 In the event that there is any change to your information, you shall change said information on the Application immediately. In the event that you cannot change said information by yourself, you shall notify the Company promptly to change such information. The Company reserves the right to require additional supporting documents, before changing the information as requested.
4.3 You acknowledge and agree that the information in connection with your Application User account and password is confidential, and shall not be disclosed to others, and you shall not allow other persons to have access to your Application User account and password. An act performed under your Application User account shall be deemed an act performed by you. In the event that you know, or have a reason to believe, that there has been unlawful or unauthorized access to or use of your Application User account, you shall notify the Company of said act immediately, and change your password promptly.
4.4 The Company reserves the right, at its sole discretion, to approve or reject your application for Subscription.
4.5 By using the Application and accessing any Content, you must be: (1) at least fifteen (15) years old; (2) authorized to enter into a binding agreement with us, and not under any restriction to do so under any applicable laws; and (3) residing in Thailand. In addition, you agree that in the event that you are under twenty (20) years old, you represent and guarantee that you have duly obtained consent from a parent or legal guardian to use the Application for the purposes specified hereunder, and shall provide a document to prove said consent to the Company, upon request. In the event that you fail to present the document within the specified period of time, the Company reserves the right to suspend your access to the Application, and/or terminate your user account without prior notice.
5.1 After logging into the user account on the Application, and the Devices have been linked to the Application, the Application will start tracking exercises and record the number of calories burned for the User who wears said Devices, and such records will be used to automatically calculate your Health Points.
5.2 A User will earn 1 (one) Health Point for every 100 (one hundred) calories burned.
5.3 When a user subscribes to be an Application User, the User will be ranked in Level 0. A User will level up after earning a specific amount of Health Points as stipulated below:
5.4 Health Points earned will not expire.
5.5 You can check your Health Points on your user account.
6.1 A User may redeem their earned Health Points for Health Coins, which can then be traded for rewards on the Application. 1 (one) Heath Point can be redeemed for 100 (one hundred) Health Coins.
6.2 Health Coins will expire within 12 months, starting from the month user redeemed them and expiring on the last day of the previous month of the year after. For instance, if the Health Coins are redeemed within June 2023, they will be expired on 31 May 2024. If the Health Coins are redeemed within September 2023, they will be expired on 31 August 2024.
However, if the Health Coins are redeemed before or within May 2023, they will be expired on 30 April 2024.
6.3 After Health Points have been redeemed for Health Coins, you will no longer be able to redeem such amount of Health Coins back to Health Points.
6.4 In no case will the redemption of your Health Points for Health Coins affect your user level.
6.5 A user may redeem a limited amount of Health Coins as specified by the Company, as follows:
6.6 You can redeem rewards on the Application by going to Rewards menu. The amount of Heath Coins required for the redemption of rewards may differ, as specified and notified by the Company on the Application.
6.7 After you have agreed to redeem a reward, you will not be able to change, amend, or cancel the request for such redemption.
6.8 The rewards on the Application may, at the Company’s discretion and subject to the agreements between the Company and its Business Partners, be changed from time to time.
6.9 You can check the amount of your Health Coins on your user account.
6.10 In the event that you have any questions, inquiries, or complaints in connection with any defects to the rewards that you have received, please contact the Company directly.
7.1 By accessing and using the Application, you agree to not use the Application in any wrongful ways, including but not limited to using the Application for any non-exercise activities to gain false exercise data.
7.2 By accessing and using the Application, you agree not to use the Application in a manner that causes, or may cause, damage or a defect to, or interrupt the operation of, the Application.
7.3 In the event that you wish to post or upload Application User Content or any Content on the Application, you agree not to post or upload any Content that:
7.3.1 may cause damage to the Company, or any other third parties;
7.3.2 infringes the intellectual property rights of the Company, or any other third parties;
7.3.3 is false, not true, and may cause a misunderstanding;
7.3.4 insults, slanders, or damages the dignity or reputation of others;
7.3.5 causes hatred, or which provokes, instigates, threatens, or causes a nuisance or hatred against another person;
7.3.6 is related to obscene images and all kinds of pornographic media;
7.3.7 is deemed to be contradictory to public order and good morals; or
7.3.8 any other content that is deemed a violation or a breach of the applicable laws, regulations, or rules.
7.4 You agree not to post, upload, send, or import viruses, trojans, worms, malwares, or the likes onto the Application.
7.5 The Company reserves the right, at its sole discretion, to delete or reject the Application User Content, or any Content, that you posted or uploaded onto the Application, in the event that the Company finds said Content to be inappropriate or in violation of these Terms and Conditions, without prior notice.
8.1.1 “Suspension” means temporary suspending Application User Account for the period of 30 days. During the Suspension period, User’s exercise data in any activities will be immediately removed. User can still use the Application to track your exercise and redeem rewards but will not be able to join any challenges on the Application.
8.1.2 “Termination” means permanently terminate Application User Account.
8.2 In the event that the Company suspects that you have breached one of the provisions hereof, or there is a reason to believe that you will breach one of the provisions hereof, or you have carried out an act which is in violation of the applicable laws or regulations, or you have carried out an unlawful or inappropriate act (collectively called “Wrongful Acts”) for the first time, the Company will send a notification to your Application and inform you to provide proofs within a timeframe.
In the case where User cannot provide proofs within the timeframe or in the case where the Company has decided that the provided proofs cannot prove the Company’s suspicion, the Company reserves the right, at its sole discretion, to suspend your Application User Account without prior notice, with an immediate effect. To the fullest extent permitted by applicable law, the Company will not be liable or responsible to you for any damage or loss arising from the Suspension of the Application User Account.
8.3 In the event that the Company suspects that you committed Wrongful Acts and found that your Application User Account had been suspended before, the Company reserves the right, at its sole discretion, to terminate your Application User Account without prior notice, with an immediate effect. To the fullest extent permitted by applicable law, the Company will not be liable or responsible to you for any damage or loss arising from the Termination of the Application User Account.
8.4 In the event that you are a User who is the Personnel of a Corporate Customer, the Company may suspend or terminate your Application User Account in the event that the Corporate Customer, who is your employer, committed Wrongful Acts. In such case, the Company assumes no liability or responsibility to you for any damage or loss occurred due to such suspension or termination of the Application User Account.
8.5 In the event that the Company wishes to stop providing the Application services, whether in whole or in part, the Company may terminate your User Account. In such case, the Company will notify you in advance, prior to said termination of the User Account taking effect.
8.6 You may stop using the Application, terminate your subscription, and/or terminate your Application User Account at any time without cause. In such case, please go to your Application User Account and choose Delete account. In the event that you are a User Who is the Personnel of a Corporate Customer and wish to stop using the Application and/or terminate your Application User Account, please contact the Corporate Customer who is your employer.
9.1 Except as otherwise provided herein, the Company owns the intellectual properties of any Content shown on the Application. In the event that the Company is assigned the right to use any Content on the Application, the intellectual property rights to said Content belongs to the licensor (“Licensor”.)
9.2 Except as otherwise agreed by the Company, you may access and view Content on a computer or other electronic devices, or print out, download, and use said Content under the following conditions:
9.2.1 You must not change, alter, modify, replicate, copy, publish, disseminate, or transfer the Content, or duplicate any Content on the Application, except for the purposes of viewing and using said Content for your personal purposes, which is not for commercial purposes.
9.2.2 In the event that you have duplicated any Content on the Application, you must notify and inform other persons clearly that it is the Company and/or the Licensor, as the case may be, who truly and lawfully owns the intellectual property of said Content, as well as the restrictions in connection with the license to use said Content. You must, on the duplicated copy of the Content, make a reference to the source(s) of said Content, and show a written notice stating that the Company and/or the Licensor, as the case may be, is the owner of the copyright or intellectual property right.
9.3 In the event that you post or upload Application User Content on the Application, it shall be deemed that you agree to grant a non-exclusive, unconditional, irrevocable, perpetual, and worldwide right to the Company to use said Application User Content.
9.4 The Company reserves the absolute right to take any legal action, or proceedings, in the event that you have accessed or used the Application in a manner that violates any intellectual properties of the Company and/or the Licensor.
The Company realizes the importance of your personal data. The collection and processing of your personal data will be in accordance with the Personal Data Protection Policy at https://cdn.nextcercise.com/policy/th/privacy_policy.pdf
11.1 To the fullest extent permitted by law, you acknowledge and agree that:
11.1.1 The Company does not guarantee or warranty the access to, and availability of, the Application. The Company provides the Application, Content, and services on the Application only on an “as is” and “as available” basis. By using the Application, you must, at your sole discretion, consider whether the Application is practical and/or suitable for your specific purposes.
11.1.2 The Company does not guarantee or warranty that the Application, and/or any Content on the Application, will be free from the violation of any third party’s right. The Company does not provide any representation or suggestion in regard to the products or services of any Business Partner or third-party.
11.1.3 The Company does not guarantee or warranty that the Application will be free from any viruses, trojans, worms, malwares, or the like, or that this Application will not be interfered with, or free from any errors.
11.1.4 The Company does not guarantee or warranty that the Application will be compatible with your Devices and/or software.
11.1.5 The Company does not guarantee or warranty that any Content on the Application will be correct or complete.
11.1.6 The Company does not provide any guarantee or warranty in connection with any products, services, or information of any third parties.
11.2 To the fullest extent permitted by law, the Company reserves the right to change, suspend, or terminate the provision of the Application services and/or any functions of the Application, whether temporarily or permanently, and whether in whole or in part, without taking any responsibility or liability whatsoever.
12.1 To the fullest extent permitted by law, you acknowledge and agree that the Company will not be responsible or liable for any loss, damage, liability, or expenses whatsoever arising from your use of the Application, or from the legal action taken as a result of your use of the Application, or arising from the defect, error, unavailability, interruption, or delay of the Application, or otherwise as specified in Clause 11.1 hereinabove, including but not limited to, direct damages, indirect damages, incidental damages, consequential damages, or punitive damages.
12.2 You acknowledge that the products and/or services that you have redeemed by using Health Coins are provided to you by the Company’s Business Partners, and the Company does not have any control over such Products and/or services. Therefore, the Company assumes no liability and responsibility in connection with the Business Partner’s products or services.
12.3 The Company assumes no responsibility for any damage caused to your Device(s) as a result of your use of the Application, irrespective of the causes thereof.
12.4 Nothing in these Terms and Conditions shall exclude the Company’s liability for death or personal injury, gross negligence, or for any liability which cannot be excluded under the law.
You agree to indemnify and hold harmless the Company, its affiliates, and subsidiaries, including their respective directors, officers, employees, agents, representatives, and partners against any losses, liabilities, and/or responsibilities arising from any claims (including attorney fee), which are a result of, or in connection with, your access or use of the Application in a manner that violates these Terms and Conditions or the applicable law.
Nothing in these Terms and Conditions constitutes, or shall be deemed to constitute, an agency, partnership, or joint venture relationship between the Company and the Application User.
The Application may be linked to third-party websites (“Third-Party Websites”), or may contain a link to said Third-Party Websites. The Company does not operate or control any Third-Party Websites, and thus, it cannot represent or guarantee the accuracy, safety, or credibility of said Third-Party Websites. The Company will not assume any liability or responsibility to you or any other person in connection with the use of the Third-Party Websites. It is hereby recommended that you read and understand the policies and terms and conditions of the Third-Party Websites before use, for your own benefit.
Any notice to the Company shall be sent to the address specified under the Clause “Contact Us” hereunder. In the event that the Company sends you a notice, the Company will send such notice to the contact address that you provided the Company during the subscription process.
The Company reserves the right to amend, add, change, or modify these Terms and Conditions from time to time, as the Company deems fit or as required by the law. The Company will post the updated Terms and Conditions on the Application, and/or send them to you at the contact address that you have provided the Company. By continuing to use the Application after the Terms and Conditions have been amended, you agree to be bound by such amended Terms and Conditions of Use. However, in the event of any material amendment, addition, change or modification of these Terms and Conditions, the Company may inform you of such amendment, addition, change, or modification at least 15 (fifteen) days in advance, prior to the effective date.
The Company’s failure or delay to exercise any right, whether in whole or in part, shall not prejudice the right, power, and remedy available to the Company under these Terms and Conditions and/or the applicable law.
In the event that any provision hereof is held to be void, invalid, unlawful, or unenforceable, such provision shall not affect the validity, lawfulness, and enforceability of the remaining provisions hereof.
21.1. In the event that these Terms and Conditions are enforced, these Terms and Conditions shall be governed by and construed in accordance with the law of Thailand.
21.2 In the event of a dispute, a court of Thailand shall have the jurisdiction to determine and settle any such dispute.
In the event that you have any questions about these Terms and Conditions, or the use of the Application, please contact:
Cariva (Thailand) Co., Ltd.
No. 33, 31, 31/1 Bhiraj Tower at Sathorn
South Sathorn Road, Yannawa Sub-District, Sathorn District,
Bangkok 10120 Thailand
These Terms and Conditions were last updated on March 20, 2023.