Web Terms & Conditions

(the term “GOYO” or “we” as used herein shall be used to describe Union Assurance PLC a company duly incorporated under the laws of Sri Lanka bearing company number PQ 12 and having its registered office at No. 12, St. Michaels Road, Colombo 3 which term shall where the context so admits mean and include the said Union Assurance PLC and its assigns and successors)

Necessary Equipment

Full use of the GOYO Wellness Program service is dependent upon your use of a computer with adequate software or a supported mobile device and internet access. The maintenance and security of this equipment may influence the performance of the GOYO Wellness Program service and it is your responsibility to ensure the equipment’s functionality.

Posting Your Content On The GOYO Wellness Program

You may post photos, exercise regimens, food logs, recipes, comments, and other content (“Your Content”) to the GOYO Wellness Program service. You retain all rights to Your Content that you post to the GOYO Wellness Program service. By making Your Content available on or through the GOYO Wellness Program service, you grant to GOYO a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with operating and providing the GOYO Wellness Program service.

You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the GOYO Wellness Program service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

You also agree that Your Content will comply with the following community guidelines:

  • 1.Be respectful of the opinions of others. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
  • 2.Do not post profane or explicit content.
  • 3.Do not post profile pictures that might be considered inappropriate.
  • 4.Do not post communications that could be interpreted as threatening or harassing.
  • 5.Do not post, advertise, or promote products or services commercially.

GOYO Wellness Program’s Rights

“GOYO Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the GOYO Wellness Program service to you. Except for Your Content, GOYO Content, the GOYO Wellness Program service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of Sri Lanka. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the GOYO Wellness Program service.

What You Can Do On The GOYO Wellness Program service

The GOYO Wellness Program service is intended for your personal, non-commercial use.

GOYO grants you a limited, non-exclusive, non-transferable, non-sub licensable license to (1) access and view the GOYO Content, (2) access and use the software and mobile applications provided by the GOYO Wellness Program service, and (3) use the software that is embedded into GOYO products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the GOYO Wellness Program service as permitted in these Terms.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the GOYO Content, GOYO Wellness Program service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by GOYO or its licensors, except for the licenses and rights expressly granted in these Terms.

Things You Cannot Do On GOYO Wellness Program service

Except to the extent permitted by law, you may not do any of the following while accessing or using the GOYO Wellness Program service: (1) use, display, mirror or frame the GOYO Wellness Program service or any individual element within the GOYO Wellness Program service, GOYO’s name, any GOYO trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without GOYO’s express written consent; (2) access or tamper with non-public areas of the GOYO Wellness Program service, GOYO’s computer systems, or the technical delivery systems of GOYO’s providers; (3) test the vulnerability of any GOYO system or breach any security or authentication measures; (4) circumvent any technological measure implemented by GOYO or any of GOYO’s providers or any other third party (including another user) to protect the GOYO Wellness Program service or GOYO Content; (5) access the GOYO Wellness Program service or GOYO Content through the use of any mechanism other than through the GOYO Wellness Program service or GOYO API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that GOYO provides to you or any other part of the GOYO Service.

Our Enforcement Rights

We are not obligated to monitor access or use of the GOYO Wellness Program service, GOYO Content, or Your Content or to review or edit any GOYO Content or Your Content, but we have the right to do so for the purpose of operating the GOYO Wellness Program service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the GOYO Wellness Program service, any GOYO Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the GOYO Content, Your Content, or your use of the GOYO Wellness Program service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the GOYO Wellness Program service.

Use The GOYO Wellness Program Service at Your Own Risk

Our goal is to provide helpful and accurate information on the GOYO Wellness Program service, but we make no endorsement, representation or warranty of any kind about any GOYO Content, information, services or recommendations. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the GOYO Wellness Program service. If you rely on any GOYO Content or the GOYO Wellness Program service, you do so solely at your own risk.

Consult Your Doctor Before Using The GOYO Wellness Program service

The GOYO Wellness Program service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the GOYO Wellness Program service, engaging in an exercise program or changing your diet. If you experience a medical emergency, stop using the GOYO Wellness Program service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the GOYO Wellness Program service. If you engage in any exercise program you receive or learn about through the GOYO Wellness Program service you agree that you do so at your own risk and are voluntarily participating in these activities. If you start to experience redness or skin irritation on your wrist, remove your device. If symptoms persist longer than 2-3 days of not using your device, contact a dermatologist.

Use Common Sense

Use of the GOYO Wellness Program service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your GOYO product or service.

Terms Specifically Related to Our GOYO Membership

Additional terms and conditions apply to the GOYO Wellness Program membership.

Contests And Giveaways

Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by GOYO and its partners. It is your responsibility to carefully review those terms and conditions.

You Agree to Receive Alerts And Notifications

As part of your use of the GOYO Wellness Program service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.

We Are Not Responsible For Third-Party Links On The GOYO Wellness Program service

The GOYO Service contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under GOYO’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.

GOYO Does Not Control Third-Party Services That You Link With Your GOYO Account

The GOYO Wellness Program service may provide the opportunity for you to link your GOYO account, GOYO data, or the GOYO Wellness Program service with Third-Party Services. Although we offer this opportunity, you acknowledge that any Third-Party Services that you use in connection with the GOYO Wellness Program service are not part of the GOYO Wellness Program service. You acknowledge that these Terms and the GOYO Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

Changes To The GOYO Wellness Program service

GOYO may change or discontinue, temporarily or permanently, any feature or component of the GOYO Wellness Program service at any time without notice. GOYO is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the GOYO Wellness Program service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by GOYO products without prior notice to you.

Termination

If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting Customer Support. Upon any termination, discontinuation or cancellation of the GOYO Wellness Program service or your account, the following provisions of these Terms will survive: Posting Your Content On The GOYO Wellness Program service; GOYO’s Rights; Our Enforcement Rights; Consult Your Doctor Before Using The GOYO Wellness Program service; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.

Disclaimers

THE GOYO WELLNESSS PROGRAM SERVICE AND GOYO CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the GOYO Wellness Program service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any GOYO Content. You acknowledge and agree that if you rely on any GOYO Content or the GOYO Wellness Program service, you do so solely at your own risk.

Indemnity

You will indemnify and hold harmless GOYO and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the GOYO Service, (ii) Your Content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Limitation Of Liability

NEITHER GOYO, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE GOYO WELLNESS PROGRAM SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GOYO WELLNESS PROGRAM SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOYO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL GOYO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GOYO WELLNESS PROGRAM SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO GOYO FOR USE OF THE GOYO WELLNESS PROGRAM SERVICE OR RUPEES ONE THOUSAND (RS. 1000/-), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO GOYO, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GOYO AND YOU.

Dispute Resolution and Governing Law

Any dispute between you and GOYO arising out of or relating to these Terms of Service, the GOYO Wellness Program service, or any other GOYO products or services (collectively, “Disputes”) will be resolved amicably. If such dispute is not resolved amicably the same shall be referred to the courts in Sri Lanka. This Agreement is governed and construed in accordance with the laws of Sri Lanka.

Limitation on Claims: Any claim or cause of action arising out of or related to your use of the GOYO products or GOYO Wellness Program service must be filed within six (06) months after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

General Terms

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between GOYO and you regarding the GOYO Wellness Program service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between GOYO and you regarding the GOYO Wellness Program service and GOYO Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without GOYO’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. GOYO may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by GOYO under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the GOYO Program service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

GOYO’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GOYO. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Additional Terms May Apply

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

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