AGREEMENT TO TERMS AND CONDITIONS, AND TERMS OF USE

Welcome to Oscillate Wellbeing website (the “Site”). By clicking or tapping “Checkout,” “Login,” “Subscribe,” “Register,” “Purchase,” “Buy,” “Book” or entering or otherwise using our Site, or accessing information offered by the brand Oscillate Wellbeing including any consultations, any interactions, any various media form, any media channels, any social medias, any mobile website, or any mobile application related, linked, or by “participating” in any of our services and offerings, or being a “walk-in” visitor and guest or otherwise connected thereto (collectively, the “Site”). You agree to and accept these terms and conditions that govern your use of the Site (the “Terms of Use” and “Terms & Conditions” and “Policy”). Acceptance of these terms constitutes a legally binding agreement made between you, whether personally or on behalf of any entity (“you”, “I” , “me” “user”, “customer”) and Oscillate Wellbeing (“Oscillate Wellbeing”, “Owellbea” “we”, “us”, or “our” “the brand”). Certain products, offerings and services on our Site may have additional terms and conditions, and policies that apply and are incorporated in these Terms.

PLEASE READ THESE TERMS OF USE, AND TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, OBLIGATIONS, AND OURS AND COVERS AREAS SUCH AS AUTOMATIC SUBSCRIPTION, MONTHLY PAYMENT, INSTALMENT, RENEWALS, WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, THE RESOLUTION OF DISPUTES MANDATORY BY ABERRATION AND A CLASS ACTION WAIVER. BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO AGREE TO THE TERMS AND CONDITIONS, AND TERMS OF USE AND TO ABIDE BY ALL OF THE REQUIREMENTS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, AND TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THIS SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The Terms of Use, Terms and Conditions and any of our Policy (the “Terms”) to ensure that you understand your rights and obligations and that your experience on our site, (the “Site”) is one you'll want to repeat again and again. We are SOLUR Sdn Bhd (the “company”,) and Oscillate Wellbeing and/or Owellbea (the “brand”) and/or otherwise connected thereto (collectively, “we”, “us”, or “our”). Review the following terms, that govern your use of the Site, which apply to your use of the Site and all products and services offered on and/or from the Site, the mobile versions thereof, and any applications, any platforms or technologies offered (the “Agreement”). Your use constitutes your agreement to follow and be legally bound by these Terms. If you do not agree to these Terms, please do not use the Site. Although you may "bookmark", “save”, “add to reading list”, “screenshot”, any “recording” a particular portion of the Site and anyone connected thereto and thereby bypass these Terms, your continued use of the “Site” indicates your continued acceptance of these Terms and your acknowledgement that you are still bound to the Terms and Conditions. We reserve the right to revise these Terms and Conditions, Term of Use and Privacy Policy at any time, you should visit this page periodically to review the Terms that govern your use of the Site. This Agreement is a binding contract between you and the company and the brand. You will be deemed to have agreed to the terms of this agreement by either using the site, a guest through browsing and/or by registering as a member of the site, interacting with us, participate in any practices and activities, and/or former brand’s and/or company’s migrated membership(s) or otherwise connected thereto.

ACCOUNT REGISTRATION & LOGIN PASSWORD

To use certain features of the Site and/or make purchases on the Site, you must register for an account with Oscillate Wellbeing ("Reservation and/or Ofam Wellbeing Account"). You must provide certain information about yourself as prompted by the Site registration form and/or input by yourself, or any of our employees assisting you, and/or our representatives assisting you in person with your presence. You represent and warrant that: (a) all required registration information you submit is current, complete and accurate information; (b) you will maintain the accuracy of such information and update it as necessary; and (c) your use of the Site does not violate any applicable law or regulation or these Terms of Use. (d) Your user account cannot be shared or used by anyone other than you. Your Ofam Wellbeing and/or Reservation Account may be restricted or terminated for any reason, at our sole discretion, without prior notification.

Please safeguard your Accounts and make sure others don't have access to your Accounts or passwords and other authentication credentials (collectively, "passwords"). You are responsible for maintaining the confidentiality and security of your passwords. . You are fully responsible for all activities that are associated with your Oscillate Wellbeing Account (including but not limited to any purchases, posting reviews or other use of the Site). You agree to keep your username and password information confidential. You're solely responsible for any activity on your Accounts. We’re not liable for any acts or omissions by you or anyone else in connection with your Accounts. You must immediately notify us if you know or have any reason to suspect that your Accounts or passwords have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Accounts.

You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your Account or any other actual or potential breach of security. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

You will be responsible for all activities and charges incurred through the use of your user name and password, and any claims, liabilities, damages, losses and costs (including reasonable attorneys’ fees) resulting from the unauthorized use of your user name and password. This Agreement is personal to you, and you shall not assign your rights to anyone.

HEALTH WARRANTY AND PARTICIPATION

All details provided by us, including on the Site and/or by healthcare and/or nutrition professionals employed by and/or contracting with us, is provided for informational purposes only and is not medical advice, has not been evaluated by the Food and Drug Administration, and is not intended to diagnose, treat, cure, or prevent any disease and/or a substitute for obtaining up-to-date, professional advice from a qualified person. Always consult with your doctor for appropriate examinations, treatment, testing, and care recommendations. Results may vary. If you are pregnant, nursing, taking medication, or have a medical condition, consult your physician before using our products and services

You expressly acknowledge that the participation in any active and/or passive in person and/or online activities and any guided classes naturally may involves the possible risk of injury. You further acknowledge that possible specific risks include injuries resulting from overexertion, physical adjustment, improper or negligent use of recommended equipment (e.g., blocks and/or straps), or injuries resulting from participation in any of physical exercise. As such, you understand and voluntarily accept these risks and agree that you are solely responsible for participating classes and/or any activities that are appropriate for your skill and physical body conditions.

YOU EXPRESSLY AGREE THAT ALL INFORMATION PROVIDED BY US, INCLUDING ON THIS SITE AND ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY THE BRAND OR BY OTHER USERS OR THIRD PARTIES, (i) IS NOT MEDICAL ADVICE; (ii) IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY; (iii) is not intended to diagnose, treat, cure, or prevent any disease or a substitute for obtaining up-to-date, professional advice from a qualified person; and; (iv) IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL, OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY OF OUR PRODUCTS AND SERVICES OR RELYING ON ANY INFORMATION YOU OBTAIN FROM US. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR HOSPITAL IMMEDIATELY.

YOU AGREE THAT YOU WILL NOT AND CANNOT RELY ON INFORMATION PROVIDED TO YOU BY US TO diagnose, treat, cure, or prevent any disease, OR AS PROFESSIONAL ADVICE FROM A MEDICAL PROFESSIONAL. YOU AGREE THAT WE SHALL HAVE NO LIABILITY AND YOU KNOWINGLY AND VOLUNTARILY WAIVE ANY CLAIMS AGAINST US ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY TO SUCH INFORMATION.

PURCHASE, PAYMENT, FEES, BILLING & CANCELLATIONS

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products and/or Memberships at the prices then in effect for your purchases, as well as any applicable shipping, setup, registration and handling fees and applicable taxes. You authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring monthly charges, your order may automatically renew as set forth above, and you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as your chosen term applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. By providing your card information, you allow us to charge your card for future payments in accordance with their terms.

By placing an order on the Site, you authorize the brand and/or company to charge the card utilized as the payment method to obtain the relevant funds. You represent and warrant that you have the legal right to use the payment method utilized in connection with any such order or other transactions. You agree that any purchase and charge may occur several business days after your transaction(s) has occurred and after the date shown on your transaction receipt(s). Unless otherwise noted on the Site or in the materials. All sales, charges are final with respect to sales items. Gift cards or gift certificates may only be redeemed for the brand’s merchandise and/or services. All sales and purchases are non-refundable and non-transferable and it is final. Gift cards and gift certificates cannot be redeemed for cash.

We reserve the right, in our sole discretion, for any reason, and without prior notification, to refuse or cancel any order placed through the Site or to limit or cancel quantities purchased per person, per household, per order or per eligibility. We reserve the right to limit or prohibit orders, in our sole judgment. Verification of information may be required prior to the acceptance of an order. Errors will be corrected when discovered and we reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).

Participation and Cancellation Policy. After you reserve for a class, you will be sent a confirmation email that outlines the current cancellation policy and the fees for missed classes. If you do not cancel a reserved class within the specified time or do not attend a scheduled class, you will be responsible for any applicable fees. We reserve the right to change the policy regarding when we charge fees, introduce new fees (such as a registration fee). Prices and availability of Products, Offerings and Services are subject to change without notice.

If we do not receive your payment, we may charge you a late fee of up to 1.5 percent per month (18 percent per year) on the unpaid balance. If any portion of your bill is not paid by the due date, we may terminate or suspend your subscription and/or installment and/or monthly package without notice. If we use a collection agency or commences legal action to recover monies due, you agree to reimburse us for all expenses we incur to recover such monies, including attorneys’ fees. If you fail to pay on time and we refers your account(s) to a third party for collection, a collection fee will be assessed and will be due at the time of the referral to the third party. There will be calculated at the maximum percentage, not to exceed eighteen (18) percent.

PRICING

Despite our best efforts, some products, offerings and services may be listed at an incorrect price due to a typographical error or any error. We reserve the right to review and change product prices on the Site from time to time without prior notice, at our sole discretion and we reserve the right to refuse or cancel any orders placed for products listed at an incorrect price, whether or not the order(s) has/ve been confirmed and your card account charged. By selecting a subscription, monthly payment and installments terms on eligible items and services on the Site, you agree to the Subscription, monthly payment and installments Terms and Conditions applicable to our subscription, monthly payment and instrumental packages and program.

Despite our diligent efforts, it is possible that our Offerings, Services and Products on our Site may mispriced. If the correct price of a Product, Offerings and Services is higher than our stated price, we will, at our discretion, either contact you for instructions. We may change our prices from time to time, at our sole discretion, and without prior notice. By selecting a monthly package on eligible items on the Site, you agree to the Subscription, Monthly Payment and Installment Terms and Conditions, and additional policies applicable to our ordering program and/or our services.

TYPOGRAPHICAL ERRORS, CORRECTION OF ERRORS, REVISIONS, INACCURACIES AND ERRATA

All features, any content including any of our communication media channels, any applications and any email services, any social media and any other marketing, any promotional, and any advertising initiatives, in any media now or hereafter known, any specifications, any products, and any services described or depicted or otherwise connected thereto are subject to change at any time without notice. We attempts to be as accurate as possible. However, there may be information on the Site contain any typographical errors, any system error, any photographic errors or any inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, any inaccuracies, or any omissions and to change and update any information at any time without prior notice (including after you have submitted your order). All products, services, and offerings are subject to availability. We reserve the right to discontinue any product, services, and offerings at any time for any reason.

SUBMISSIONS

You acknowledge and agree that any questions, any comments, any suggestions, any ideas, any feedback, and/or any other information regarding the Site (“Submissions”) brand and/or company provided by you to us are non-confidential and shall become our sole property. Your submission of any such submission shall constitute an assignment to the brand and/or the company of all rights, titles and interests in all copyrights and other intellectual property rights. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment and/or any compensation to you. You hereby waive all rights to any such Submissions, and you hereby warrant that any such Submissions are from you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged and/or actual infringement and/or any misappropriation of any proprietary right in your Submissions.

PROHIBITED CONDUCT

The following is a partial list of the kind of user and user’s content that is illegal and prohibited conduct, to post on and/or through the site. We reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of us, violates this provision, including without limitation, reporting violators to law enforcement authorities, removing the offending communication from the Site, refuse our service, terminate accounts, remove or edit content, cancel orders and terminating the membership of such violators.

Prohibited conduct and user content includes, but is not limited to user content that, in the sole discretion of us. Without imposing additional limitations beyond those already listed in other sections of the terms and conditions, prohibited content and users includes, in the sole discretion of us:
• that is patently offensive and/or promotes racism, bigotry, hatred and/or physical harm of any kind against any group and/or individual; 

• criticizes any business and/or individual; 

• harasses and/or advocates harassment of another person or any related entity and us;

• any direct and/or any indirect stalking of another person or advocates stalking of another person or any related entity and us;

• any direct and/or any indirect doxxing of another person or advocates doxxing of another person, company or any related entity and us;

• any unwanted acts of tracking anyone in any manner and/or by any means of another person and/or any related entity and us;

• contains nudity, violence, or offensive subject matter and/or contains a link to an adult website; 

• solicits any personal information, from and to anyone; of another person and/or any related entity and/or us in anyway whatsoever connected thereto the brand and the company;

• promotes any information that you and/or user knows is false and/or misleading and/or promotes any illegal and/or any criminal activities, including stalking, harassment and/or any unwanted acts of tracking anyone in any manner and/or by any means of any another person and/or any entity and/or us, and/or conduct that is abusive, threatening, obscene, defamatory and/or libellous, and/or raise of any liability to us in anyway whatsoever connected thereto the brand and the company; 

• involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; 

• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 

• furthers and/or promotes any criminal activity and/or provides instructional information about illegal activities including, but not limited to making and/or buying illegal weapons, violating someone’s privacy in any way, and/or providing and/or creating any computer viruses; 

• solicits passwords or personal identifying information for commercial or unlawful purposes from users of the Site; 

• involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and/or pyramid schemes; and/or 

• criminal activity, including, but not limited to, any harassment, any stalking in any way whatsoever, contributing to an unsafe and disruptive environment, threaten any members, any participants, any guest and/or any of our employees and anyone connected thereto the brand and the company and/or any venues associated to us in any way and/or any other person, and/or otherwise create; spamming, spimming, sending of any viruses and/or any other harmful files, copyright infringement, patent infringement, and/or theft of trade secrets; 

• Make any unsolicited offer, any direct and/or any indirectly raise of any liability to us in any way and/or whatsoever to our users, any guest, any third party, any participant and anyone connected thereto the brand and the company;

• Any interfering with, any disrupting, and/or creating any undue burden, any risk on the Site and/or the networks and/or performing services connected to the Site and us;

• endeavor to any direct and/or any indirectly solicit away anyone connection therewith the company and the brand.

• attempting to impersonate another user of the Web Site, another member, and/or any other person; 

• Modify the Site in any manner and/or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;

• using the account, username, or password of another member at any time and/or disclosing your password to any third party and/or permitting any third party to access your account; 

• includes any photograph and any recordings you have posted of another person, us and participants in our classes and services without consent.

• selling and/or otherwise transferring your profile, without permission from us; 

• using any details obtained from the site, and/or any venue including from any third party in order to harass, abuse, increase any liability, any risk or any harm to any person and/or any entity and us in anyway whatsoever connected thereto the brand and the company; and/or link to, mirror and/or frame any portion of the Site;

• Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission and/or bypass our robot exclusion headers and/or other measures we may use to prevent and/or restrict access to the Site;

• displaying any advertisement on your profile and accepting payment and/or anything of value from a third person and/or other entity in exchange for your performing any commercial activity on and/or through our site on behalf of that person and/or other entity, such as placing commercial content on your profile, posting blogs and/or bulletins with a commercial purpose, and/or sending private messages with a commercial purpose.

USER GENERATED CONTENT

We make no representations with respect to content generated by consumers and third-party content creators, including, without limitation, photographs, social media handles, videos, and comments (collectively, "user-generated content"). By posting and uploading user-generated content that you have tagged with and/or other Oscillate Wellbeing ("the brand") profile tags or hashtags, you grant to us and our third-party service providers who provide content management services (collectively, the "licensed parties") the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your tagged user-generated content in any manner as determined by us at our sole discretion, including but not limited to on our webpages, any social media pages offered by us, and in our other marketing, promotional, and advertising initiatives, in any media now or hereafter known.

We may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter, and/or edit your user-generated content in any manner at our sole discretion, with no obligation to you whatsoever. You grant the licensed parties the right to use your username, real name, image, likeness, caption, location, or other identifying information in connection with any use of your user-generated content. You hereby represent and warrant that (i) you own all rights in and to your user-generated content, (ii) you have permission from all persons appearing in your user-generated content to grant the rights granted herein; (iii) you are not a minor, and (iv) the licensed parties' use of your user-generated content as described herein will not violate the rights of any third party or any law.

You hereby release, discharge, and agree to hold us, the licensed parties, and any person acting on our behalf or their behalf harmless from any liability related in any way to the licensed parties' use of your user-generated content. If you believe your rights are infringed by any user-generated content embedded or referenced on the Oscillate Wellbeing website, please notify us.

MODIFICATIONS AND INTERRUPTIONS

In an attempt to provide added value to our visitors and it is offered at our sole discretion. We may have various third-party media to link to from its own site. We reserve the right to change, modify, or remove any contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site, and/or not limited to discontinuance on any various third-party media (“Third-Party Content”).

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

TERM: TERMINATION

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration, reservation, participating or shopping process. These terms and conditions, or any of them, may be terminated by us without notice at any time for any reason.

The provisions herein related to our intellectual property rights, purchase and/or buy, payment, fees, billing & cancellations terms, memberships term, subscriptions terms, monthly payments terms, copyrights, trademark, and any miscellaneous, intellectual property, user content, acceptable use, disclaimer of warranties, indemnity, limitation and liability, review and testimonials, health related information and participation waiver, and dispute resolution, including individual arbitration together with any other rights, use of site & participation, prohibited conduct includes non solicitation and your obligations which by their nature will, and required to survive any termination at all material time.

Such cancellation and/or termination including the end of any other aspect of the relationship between you and us, including your decision to stop purchasing from us or the cancellation or end of any participation in any service, class, program, or promotion offered by us and otherwise connected thereto, will survive any termination of these Terms.

These Terms will remain in full force and effect. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT LIABILITY, DENY ACCESS TO, IMMEDIATELY DEACTIVATE YOUR ACCOUNT AND ALL RELATED INFORMATION AND/OR BAR ANY FURTHER ACCESS TO YOUR ACCOUNT INFORMATION AND THE SITE FOR ANY REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, IN OUR SOLE DISCRETION. WE WILL NOT HAVE ANY LIABILITY WHATSOVER TO YOU FOR ANY TERMINATION UNDER THESE TERMS, INCLUDING FOR TERMINATION OF YOUR RESERVATION ACCOUNT OR DELETION OF YOUR USER CONTENT AND YOU SHALL HAVE NO RECOURSE FOR, ANY SUCH TERMINATION OR DEACTIVATION. IF WE ARE DETERMINE YOUR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS YOU WILL NOT BE ENTITLED TO ANY REFUND AND YOU AGREE THAT WE WILL NOT BE RESPONSIBLE TO ANY SUCH REFUND.

REVIEWS AND TESTIMONIALS

We may provide you areas on the Site to leave reviews, ratings, or testimonials (“Reviews”). When posting a Review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your Reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your Reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your Reviews should not contain references to illegal activity; (5) you should not be affiliated with other companies and/or organizations and brand in similar industry peers if posting negative Reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; (8) you will not post content that violate any person’s so-called publicity rights or “moral rights” or other similar or analogous rights under any applicable laws in any country or region of the world.

We may accept, reject, or remove Reviews in our sole discretion. We have absolutely no obligation to screen Reviews or to delete reviews, even if anyone considers Reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We specifically disclaim any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Reviews.

By posting a Review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, transmit by any means, display, perform, create derivative works from, and/or distribute all content relating to reviews throughout the world in any media. You grant us and sublicensees the right to use the name that you submit in connection with such content, if they choose.

AGREEMENT TO INDIVIDUAL ARBITRATION

Informal Dispute Resolution. Either party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant supporting documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.

EXCEPT FOR A CLAIM THAT MAY BE BROUGHT IN SMALL CLAIMS COURT, YOU AND US AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Covered Disputes and Arbitration Requirement. Any and all disputes between you and us, including disputes arising from or relating to the Site, these Terms, and any other terms and conditions, policies that may apply to our Site and/or products and services, and their interpretation or the breach, termination, cancellation or validity thereof, any purchase on the Site, communications between you and us, the reliance on any advice provided by independent contractors or third party consultants in connection with the Site, or any products, services or promotions provided by us, including disputes about the validity, scope, or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration. You and us expressly delegate to the arbitrator the authority to determine the arbitration of any Dispute, including the scope, applicability, validity, and enforceability of this Arbitration Agreement.

Agreement To Individual Arbitration. To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute will be resolved through binding individual arbitration “you”. Accordingly, you and us has agree to give up the right to go to court to assert or defend rights under this Arbitration Agreement and with respect to any Dispute (except small claims, as described below). You and us expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this Arbitration Agreement.

Waiver of Right to Bring Class Actions and Representative Claims. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and “us” agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and us hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

USE OF SITE & PARTICIPATION

Your use of the Site and any interactions with us, our employees, users, licensed employees, any hosts, any partners, any collaborators, any merchant, any space and/or venue partners and/or any representatives, as well as other members, visitors, and guests on the site and participation users, you agree not to collect, upload to, and/or impersonate others in any way, transmit, distribute, display, publish through, communicate by email, chat, telephone, in person, and/or electronically, and/or distribute any user content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy rights, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing in any manner, abusive language, tortious, threatening, disparaging, harmful, abusive, invasive of another’s privacy in any way, libellous, vulgar, defamatory, false, intentionally misleading, publicity rights, trade libellous, pornographic, obscene, patently offensive (e.g., material that encourage racism, bigotry, hatred, or physical harm of any kind against any group and/or any individual) and/or otherwise objectionable material of any kind or nature or which is harmful in any way; and/or (c) which may otherwise in any way give rise to liability to anyone and/or in violation of any law, regulation, and/or obligations and/or restrictions imposed by any third party.

You will not upload any commercial content on the site and/or use the site and/or by in person participation involve in any capacity to direct and/or indirectly solicit others to join and/or become members, of any other commercial online and/or any in person services and/or any organization. You agree that you will not solicit either by yourself and/or for any other entity and/or any person to interfere with and/or to increase any risk and/or any liability and/or any endeavor to solicit away anyone connection therewith the company and/or the brand.

Harassment and stalking in any manner whether any direct and/or any indirect and/or any form, including via e-mail and in any communication and/or by obscene and/or any abusive language is strictly forbidden. Impersonation of others, including an “Owellbeing” and/or the company and/or the brand, employee, host, representative and anyone connected thereto the brand and the company; as well as any other members and/or visitors on the Site is prohibited. You may not upload to, distribute, and/or otherwise publish through this Site any content which is libellous, defamatory, obscene, threatening, invasive of privacy and/or publicity rights, abusive, illegal, and/or otherwise objectionable which may constitute and/or encourage a criminal offense, violate the rights of any party and/or which may otherwise give rise to any liability and/or violate any law, and terms and conditions set forth herein.

In addition, you agree not to use the Site to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their and our consent; (d) interfere with or disrupt our in person activities and/or services, social media features connected to the site, servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; (f) harass or interfere with another user’s use, employees and enjoyment of the Site and Participation; (g) purchase Products and or services and offerings for resale.

We reserve the right (but have no obligation under these Terms) to review any User Content, investigate, and/or take appropriate action against you, at our sole discretion, if you violate the use of site and/or any other provision of these Terms; including removing and/or modifying your user content, terminating your user Profile Account, and/or reporting you to law enforcement authorities. We may also remove and/or modify your user content if it, in our sole judgment, violates the rights of, harms, and/or threatens the safety of any other person, and/or creates liability for us and/or any other person and/orany entity connected thereto the brand and the company.

PHOTOGRAPHY AND VIDEO CONSENT RELEASE

By participating in our classes and/or events, you acknowledge and grant consent that your photographs and videos may be taken for marketing and promotional purposes. You hereby authorize the use of your images and videos in any various formats, such as print and electronic media, for publicity, advertising, marketing, social media, and web content. Your name will not be disclosed without your prior consent, and no compensation will be provided.

INDEMNIFICATION

You agree to defend, indemnify, and hold the brand and/or the company, third party providers harmless, including attorneys’ fees and expenses, from and against any loss, damage, liability, claim, or demand made by you and any third party due to or arising out of: (1) your User Content; (2) your use of the Site, Materials, Products or Services and/or Offerings; (3) your breach of these Terms; (4) your breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) any overt harmful act toward any other user of the Site with whom you connected via the Site; (7) your negligence, error, omission or willful misconduct (8) your interaction with independent contractors or reliance on any advice provided by them. We reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

THIRD PARTY SITES AND LINKS

In an attempt to provide added value to our visitors and users, the Site may contain links to web sites, any various media by parties other than the company. We are not responsible for and do not endorse or accept any responsibility for the contents or use of these third party websites or any transactions completed through such web sites. The company and/or brand is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked web site, notwithstanding the inclusion on such web site of the trademarks of the brand or its Third Party Providers.

The Site may contain (or you may be sent via the Site) links to or advertisements for other websites (“Third-Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, platform and other content or items belonging to or originating from third parties (“Third-Party Content”). However, even if the third party is affiliated with us, we have no control over these linked sites all of which have separate terms and policies, independent of us. Such Third-Party Websites and Third-Party Content are not, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites or any Third-Party Content. If we provides links to these Third-Party Websites and Third-Party Content, it does so only as a convenience and does not, approve, monitor, endorse, warrant, reviewed, tested, certified, or authenticated in whole or in part by the company or make any representations with respect to Third Party Websites or Third Party Content. You agree that you use all Third-Party Websites and Third-Party Content at your own risk. When you link to a Third-Party Website or Third-Party Content, the applicable service provider’s terms and policies, including privacy and data gathering practices, govern. Any correspondence with, and any purchases of goods or services from, or participation you make through Third-Party Websites will be through other websites and from other companies and we has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites whatsoever in relation to such purchases which are between you and the applicable third party. You should make whatever you feel necessary or appropriate before proceeding with any transaction with any Third-Party Website. You agree to hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. Nonetheless, we seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well (including if a specific link does not work).

You may link to our home page, provided that any such link does not imply any affiliation, endorsement, or sponsorship of your web site by the brand and/or the company. You may not frame or otherwise incorporate into any other web site any of the Materials.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy, available at here, which also governs your use of our Site and is incorporated in these Terms. By agreeing to these Terms, you also agree to our Privacy Policy.

REWARDS

We may, from time to time, offer users of our products the opportunity to refer friends, family, or colleagues (“Users”) to try our products, services and offerings (“RAF Rewards”). We reserve the right to terminate the RAF Reward at any time for any reason. We reserve the right to modify or amend at any time the methods through which Rewards are earned through the RAF Reward. We reserve the right to disqualify anyone at any time from participation in the RAF Program if he or she does not comply with any of these Terms.

TRL

The Reward Loyalty Program (“TRL”) is a loyalty program that rewards members for the many ways they interact and participate with Oscillate Wellbeing. This Program is free to join and allows our members to earn rewards for everyday activities like browsing our website at oscillatewellbeing.com (the “Site”), making a purchase, any participation and much more. TRL members can redeem earned rewards for in-person and/or online.

DISCLAIMER OF WARRANTIES

The site is provided on an as-is and as-available basis. You agree that your use of the site services will be at your sole risk. to the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement, and any warranties that may arise from course of dealing, course of performance or usage of trade. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to this site and we will assume no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (c) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the site, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIABILITY RELEASE & LIMITATIONS OF LIABILITY

You agree that, to the fullest extent without limit permitted by applicable law, In no event will we nor our officers, directors, employees, representatives, agents, affiliates, subsidiaries, families, joint ventures, partners, collaborators, merchant, shareholders, successors, and any other related companies, or any independent contractors, otherwise connected thereto {Collectively, “Owellbeing”} be liable to you or any third party for any direct, any indirect, consequential, exemplary, incidental, special, or punitive damages, however arising, an action of contract, personal injury, tort, conditions of sale, fee-shifting provision, conditions of sale, waiver of attorney fees and/or costs, and copyright or negligence or other tortious action, arising out of or in connection with the use of the site, or the materials made available from the site, including any loss, or reputation or any special and/or indirect losses of any kind, any economic losses or any other damages arising from or related in any way to your use of the site, your relationship with “Owellbeing”, any products, any services, any offerings, any third party websites, any program and/or your participation therein and/or or your interaction with or any reliance on any communication from any such person, even if we have been advised of the possibility of such damages. Access to, and use of, the site, products and third-party websites and any interactions with or reliance on advice from any such person or entity are at your own risk, and you will be solely responsible for any damage in connection therewith including but not limited to your computer system or loss of data resulting therefrom. 

Further, to the fullest extent without limit permitted by applicable law, neither us nor our officers, directors, employees, agents, representatives, affiliates, subsidiaries, families, joint ventures, partners, collaborators, merchant, shareholders, successors, and any other related companies, and/or any independent contractors, otherwise connected thereto will not be liable for any losses of any kind and any damage of any kind related to the program and/or your participation therein, regardless of the form of action whether in contract, tort (including negligence) pre-contract and/or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability to you for any cause whatsoever and regardless of the form of the action, in any event will at all material times be limited and will not exceed to MYR100, if any, by ‘you’ to us during the three (3) month period prior to any cause of action arising. We agree that any claim between us must be brought within one (1) year of the event(s) giving rise to such claim. Otherwise, such cause of action is permanently barred and denied. You acknowledge and agree that we shall not be liable for any defamatory, libellous, offensive, prohibited conduct and/or illegal and criminal conduct of any third party, anyone and yourself; and that the risk of harm or damage from the foregoing rests entirely with you.

We use reasonable care in providing our products, offerings, and services to ensure your safety, and quality. If you are dissatisfied with the program for any reason, termination, cancellation and/or discontinued of your membership and/or purchased in any programs, any events, any classes and any relation with us is your sole remedy and that all outstanding payments, whether monthly payment, subscription and/or installment-based, will still be fulfilled by you in accordance with the selected package and duration term, regardless of your termination, cancellation or discontinuation of membership and/or installment and/or subscription. We have no other obligation, liability, or responsibility to you.

The company and/or brand, employees, us, are not responsible for the safekeeping of personal belongings while participating in any practice, any offerings, any class, any programs and any events. You acknowledge that any classes and/or any events by us may be physically strenuous and you voluntarily participate in them with full knowledge that there is possible risk of personal injury, property loss or possible death. You agree that neither your heirs, assigns or legal representatives will hold harmless from any other claims of any kind whatsoever against us, associated companies, independent contractors, merchant, employees or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise. If you do have any existing medical condition or physical handicap or alignment which may militate against your participation in any of our prescribed exercise format you are legally bound to disclose such condition to the trainer, instructor, coach or teacher assigned to you. In such an event you need to consult your medical consultant as to whether or not it would be advisable for you to participate in the prescribed format.

ADDITIONAL TERMS AND MODIFICATIONS

We reserve the right, in our sole discretion, to make changes or modifications to our Site, these Terms & Conditions, our Privacy Policy, and any other terms and conditions that may apply to our Site and/or products, programs, memberships, and services, at any time and for any reason. The company and/or brand may make changes to this Agreement or other policies relating to the usage of the Site by posting an updated version of this Agreement or the other policies on the Site. You are advice for regularly reviewing this Agreement and the policies. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site as a user, visitor, guest, customer or member and any cancellation and/or termination including the end of any other aspect of the relationship between you and us, including your decision to stop purchasing from us or the cancellation or end of any participation in any service, class, program, or promotion offered by us or otherwise connected thereto after such revised Terms are posted.

INTELLECTUAL PROPERTY RIGHTS.

All of the content you see, read and hear on the Site, including, for example, the selection, coordination, arrangement and enhancement of content and the design layout, all of the page headers, images, icons,  illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or various other intellectual property rights, international conventions, international and local copyright laws, or licenses held by the brand, one of its affiliates or by third parties who have licensed their materials to us.

The content of the Site on the Site “AS IS”  intended solely for the personal, noncommercial use by the users of our site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. Content are conditioned upon your compliance with these Terms.

No right, title or interest in any content or materials is transferred to you as a result of any such activities. We reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this “site”. We and its licensors hereby expressly reserves all rights and to the Digital Properties and Content, and may revoke your license to use any part of the Digital Properties or Content at any time.

Unless otherwise indicated, you may not copy, download, reproduce, modify, publish, redistribute, otherwise using, publicly display, publicly perform or create derivative works from the content, encoded, translated, transmitted, posted, reproduced, aggregated, republished, uploaded, distributed, imitated in whole or in part, for any commercial purpose whatsoever without first obtaining written permission from Oscillate Wellbeing.

ELECTRONIC TRANSACTIONS AND SIGNATURES

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AGREEMENTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED, PURCHASE, OR SUCH SIMILAR LINKS AS MAY BE DESIGNATED BY US, SERVICES AND OFFERINGS COMPLETED BY US OR VIA THE SITE. You hereby accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the Digital Signature Act 1997 and the Electronic Commerce Act 2006. Further you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

WAIVER AND SEVERABILITY

Our non-assertion of any term or condition in these Terms is not a waiver of such term or condition. Any waiver of any term or condition in these Terms must be express and in writing; there will be no implied waivers. No waiver by us of any term or condition in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.

GENERAL TERMS

We reserve the right, in our sole discretion, to make changes or modifications to our Site, these Terms, our Privacy Policy, and any other terms and conditions that may apply to our Site and/or Products, programs, and services, at any time and for any reason. You waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after revised Terms are posted. If you do not agree to be bound by the then current terms and policies, your sole remedy is not to use our Site. If any provision of these Terms are deemed invalid, void, or for any reason unenforceable, any such term shall be deemed severable and shall not affect the validity and enforceability of any other terms.

These Terms and any policies or any rules and etiquette posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. The company and/or brand and our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The company and/or brand and we are not liable for any failure or any delay to fulfill its obligations hereunder due to arising out of or caused, directly or indirectly, by circumstances causes beyond its reasonable control, by any third-party delays and/or cause of any burden to us, including acts or omissions of government, acts of civil or military authority, acts of God, shortages of materials or equipment, any hardware or software, accidents, transportation delays, any sabotage, strikes, epidemics, riots, earthquakes, fires, power failure, floods, labor and any disturbances, riots, pandemic, epidemic or war. If any of the provisions of this Agreement is held by a court proceeding of competent jurisdiction to be unenforceable, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent without limitations under applicable law and remaining provisions will remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of these Terms are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. We may assign any or all of our rights, this agreement and obligations to others at any time. Force Majeure listed above would be enforced, and we will not be responsible and/or liable for any loss, any damage, any delay, or failure to act caused by any cause beyond our reasonable control. The Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Terms shall be binding upon assignees. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms. You may not assign or otherwise transfer in whole or in part or in any manner any rights, any obligations, or any interest in or under this Agreement without our prior written consent and any attempted assignment will be void.

These Terms are not mutually exclusive and should be read together, as one agreement, inclusive of any of our privacy policy, terms of use, policies, subscription and/or monthly payment terms and installment terms, or reservation account agreement.  In the unlikely event of a conflict of terms between these Terms and other of our terms, policies or agreements, the terms of the Terms prevail and govern. No alteration, amendment, or modification of any of the provisions of this Agreement shall be binding unless made in writing with express reference to this Agreement, and signed by a duly authorized representative of each party.

Effective since 8 Jan 2014