Terms of Use - Nxwlto

These Terms of Use ("Terms") govern your access to and use of the Nxwlto website, mobile applications, and services (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional terms and conditions that may apply to specific services or content.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website. Your continued use of our Services after the posting of changes constitutes your acceptance of such changes.

2. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that:

You are at least 18 years old
You have the legal capacity to enter into binding contracts
You are not prohibited from using our Services under the laws of Malaysia or other applicable jurisdictions

If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.

3. User Accounts

Some aspects of our Services may require you to create an account. When you create an account, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Keep your password secure and confidential
Notify us immediately of any unauthorized access to or use of your account
Accept responsibility for all activities that occur under your account

We reserve the right to disable any account if we believe you have violated these Terms or if we determine, in our sole discretion, that your account activity poses a risk to Nxwlto or other users.

4. Service Usage and Limitations

4.1. General Usage Rules

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

Use our Services in any way that violates any applicable law or regulation
Use our Services for the purpose of exploiting, harming, or attempting to exploit or harm minors
Impersonate or attempt to impersonate Nxwlto, a Nxwlto employee, or another user
Engage in any conduct that restricts or inhibits anyone's use or enjoyment of our Services
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services
Use any robot, spider, or other automatic device to access our Services for any purpose
Introduce any viruses, Trojan horses, worms, or other malicious code
Use our Services in any manner that could disable, overburden, damage, or impair the site

4.2. Health and Fitness Disclaimer

Our Services may provide fitness, nutrition, and wellness information and resources. You acknowledge and agree that:

The information provided is for general informational purposes only and is not intended as medical advice
You should consult with a healthcare professional before starting any fitness program, especially if you have any medical conditions or concerns
You are solely responsible for evaluating your physical condition and determining whether to perform specific exercises or activities
Nxwlto is not responsible for any injuries or health issues that may result from your use of our Services

5. Intellectual Property Rights

5.1. Nxwlto Content

Our Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Nxwlto, its licensors, or other providers of such material and are protected by Malaysian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
You may store files that are automatically cached by your web browser for display enhancement purposes
You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution

5.2. Trademarks

The Nxwlto name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Nxwlto or its affiliates or licensors. You may not use such marks without the prior written permission of Nxwlto. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.

6. User Contributions

Our Services may contain message boards, chat rooms, personal profiles, forums, or other interactive features that allow users to post, submit, publish, display, or transmit content or materials. Any content you post to our Services will be considered non-confidential and non-proprietary.

By providing any user contribution, you grant Nxwlto and its affiliates and service providers a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in connection with providing our Services.

You represent and warrant that your user contributions comply with these Terms and that you own or have the necessary rights to submit such contributions. You understand and acknowledge that you are responsible for any user contributions you submit or contribute, and you, not Nxwlto, have full responsibility for such content.

7. Payment Terms

If you purchase any services from Nxwlto, you agree to pay all fees associated with such services. All fees are quoted in Malaysian Ringgit (MYR) unless otherwise stated and are non-refundable except as expressly set forth in these Terms or as required by applicable law.

You agree to provide current, complete, and accurate payment information for all purchases. You further agree to promptly update your 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.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through our Services.

8. Cancellation and Refund Policy

Our cancellation and refund policies vary depending on the specific service purchased. Please refer to the terms provided at the time of purchase for the applicable policies. In general:

For personal training sessions, cancellations must be made at least 24 hours in advance to avoid being charged for the session
For packages and memberships, refunds may be available on a pro-rated basis within the first 14 days of purchase if you are unsatisfied with the service
For corporate wellness programs, cancellation terms will be specified in the service agreement

All refund requests must be submitted in writing to our customer service team. Refunds, when approved, will be processed using the original payment method.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Nxwlto and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Your access to or use of or inability to access or use our Services
Any conduct or content of any third party on our Services
Any content obtained from our Services
Unauthorized access, use, or alteration of your transmissions or content

In no event shall Nxwlto's total liability to you for all claims arising from or relating to these Terms or your use of our Services exceed the amount paid by you, if any, for accessing our Services during the 12 months immediately preceding the date of the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless Nxwlto, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services.

11. Governing Law and Jurisdiction

These Terms and your use of our Services shall be governed by and construed in accordance with the laws of Malaysia, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or our Services shall be instituted exclusively in the courts of Malaysia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. Termination

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use our Services will immediately cease. If you wish to terminate your account, you may simply discontinue using our Services or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Miscellaneous

13.1. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by Nxwlto on our Services, shall constitute the entire agreement between you and Nxwlto concerning our Services.

13.2. Waiver

No waiver by Nxwlto of any term or condition set out 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, and any failure of Nxwlto to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

13.3. Severability

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 shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Nxwlto
Level 7, Menara Arina Uniti
Jalan Raja Muda Abdul Aziz
50300 Kuala Lumpur, Malaysia
Phone: +60327796100
Email: [email protected]