Center's Terms and conditions

This mobile application (the “App”) is made available by Avalant Global, a company limited by guarantee and registered in Thailand (“Avalant Global”, “us”, “we” or “our”). You, the user of the App, confirm your acceptance of these App terms of use (“App Terms”). If you do not agree to these App Terms, you must immediately uninstall the App and discontinue its use. These App Terms should be read alongside our Privacy Policy.

1. Definition

“App” means Center Application “Personal Data” means the data which can be used to identify you, either when used alone or in conjunction with other data

2. General Terms

Depending on the version of the Application you have downloaded, these App Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.

We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App.

Avalant Global hereby grants you a non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use and only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and in accordance with these App Terms (“User License”). All other rights in the App are reserved by Avalant Global.

In the event of your breach of these App Terms we will be entitled to terminate the User License immediately.

You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third-party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.

You acknowledge that where you use services provided by Apple or Google (or any other third parties) in connection with your use of the App, you will be subject to Apple’s, Google’s (or the applicable third party’s) terms and conditions and privacy policy and you should ensure that you have read such terms.

The Avalant Global name and logo, and other Avalant Global Trust trademarks, service marks, graphics and logos used in connection with the App are trademarks of Avalant Global (collectively “Avalant Global Trademarks”). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The Avalant Global Trademarks and Third-Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Avalant Global or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Avalant Global and its licensors.

3. Privacy Policy

Privacy Policy in relation to your use of The App, we may collect, use, process and, in some circumstances, disclose your information which may include your Personal Data/ Your Personal Data will be collected, used, processed and disclosed only in accordance with this Privacy Policy. You may choose not to provide your consent to us for the collection, use, processing and/or disclosure of your Personal Data. However, without your consent we are unable to provide our services to you. In case of any conflict between this Privacy Policy and other terms and conditions, agreements or announcements, this Privacy Policy shall prevail.

We collect your information, including your Personal Data when you first use the Application or contact us. The information we collect include the following: 1) Information necessary for creating your user account such as your name, address, contact number and email address 2) Information relating to your usage of the Application 3) other information that you may provide to us, for example, information we obtain from your use of the Application, your Personal Data that you have provided in the Application, information from your participation in our activities, and information you have provided when contacting us including when downloading the Application.

We will keep all your Personal Data in our cloud for the purpose of data synchronization and for your sole benefit, such as facilitating your access to your Personal Data.

We will use your Personal Data for the purpose of providing services in the Application and for other purposes as indicated in this Privacy Policy, or for other purposes which we shall notify you upon the collection of your Personal Information, or for other purposes to which you may hereafter additionally provide consent to us after your Personal Data is collected.

1) Create and manage your account and communicate with you for matters related to your account

2) Authenticate and confirm your identity in order to ensure the security of your Personal Data

3) Inform, provide, and communicate information regarding our products, services, activities, surveys, and sales promotions to you

4) Process, evaluate, and respond to you regarding services you request, including the provision of feedback on your queries or demands

5) Operate, evaluate, and improve our business, develop new products and services, manage our communication system, conduct market research and manage our marketing and advertising efficiency, analyze our products, services, and applications including the operation of our applications

7) Maintain security in providing services via our networks and protect our information and our employees; and

8) Investigate and monitor compliance with laws, regulations, industrial standards, our policies and regulations.

1. For the purpose of improving the services that we provide to you or for the conduct of our business, we may disclose and/or transfer your Personal Data to the following persons: (1) Service provider, contractor, or supplier that we engage to provide the services, create, maintain and/or adjust systems and Application (2) A company or person that provides services to you including without limitation credit payment or other payment service and transportation service, as may necessary be required to provide the services to you.

2. You may share your data to third party by inviting the person you want to share your data to. Upon their acceptance to your invitation, the system will share your data; namely, your username and the data that you have chosen to share with such third party.

3. In addition to the abovementioned paragraph, you understand and agree that we may disclose and/or transfer your Personal Data in any of the following circumstances: (1) When any law, legal process, litigation or other law enforcement procedure requires the disclosure of your Personal Data, (2) for the purpose of investigations for any act that may be illegal or unlawful and we are unable under the circumstance to request or obtain your consent, (3) Disclosure to public the anonymized Personal Data for the purpose of our business, and (4) any other circumstances where the laws permitted the disclosure and/or transfer of Personal Data without your consent, such as when the disclosure is necessary to protect our lawful interest, and when it is necessary for the public interest.

4. We reserve the right to transfer your Personal Data in case of corporate restructuring, divestment or transfer of our business or assets. In such case, your Personal Data may be disclosed to the acquirer and/or their advisors. We will use our best efforts to keep your Personal Data secured, including requiring the acquirer and/or their advisors to comply with our Personal Data protection system and policies.

In order to prevent the unauthorized disclosure, use, modification, and destruction of Personal Data we collect from you, we maintain security measures to ensure the protection of your Personal Data. We provide a security system which meets the standards for the processing, collection and transfer of Personal Data.

1. We will use our best efforts to update your Personal Data. We will delete any Personal Data which we believe is incorrect or unnecessary for us to provide services to you, or upon your request to delete such Personal Data.

2. We recommend that you should from time to time verify your Personal Data in order to ensure that your Personal Data is accurate and up-to-date.

We will only keep your Personal Data for as long as it is necessary for the purposes indicated hereunder.

1. We will keep your Personal Data that you provided when you created your account, for as long as your account exists so that we can provide you with our services.

2. We will keep other Personal Data, such as location data, health report, and/or symptoms. We will delete such Personal Data upon your request or until you delete your account. We will permanently delete such Personal Data after expiration of a period of seven (7) days from the date of deletion of such Personal Data according to your request or the date of deletion of your account. We may retain your Personal Data for a period shorter or longer than the abovementioned period, if the laws require or it is necessary for our lawful interest.

1) Information used in creating your user account: - Access, modify or delete your Personal Data: in your Application, go to ‘Personal Data’ tab and choose ‘Modify Personal Data’. You can also delete your Personal Data by deleting your user account. - copy or transfer your Personal Data: Please contact us by email or our Call Center. We will proceed the copy or transfer of your Personal Data as soon as we can once we can verify your request. 2) Location and health data: - Access, modify or delete information: copy or transfer your Personal Data: Please contact us by email. We will proceed the copy or transfer of your Personal Data as soon as we can once we can verify your request. 3) Other Personal Data, please contact us by email. We will help you to access, modify, delete, copy or transfer your Personal Data as soon as we can once we can verify your request.

2. In case you want to reject any processing of your Personal Data or want us to terminate the processing of your Personal Data, please contact us by email. We will proceed as soon as we can once we can verify your request.

3. Unsubscribe: You can unsubscribe from our news or notifications from us or other messages regarding our services or marketing. You may also request us to delete or terminate the processing of your Personal Data for the purpose of our marketing.

4. Your rights stated above will be in accordance with the laws, which may sometimes be limited. For example, we may need to use your Personal Data in order to provide services related to the Application or in cases when we are required by laws to collect, use or disclose your Personal Data.

1. You understand and agree that we reserve the right to amend or modify this Privacy Policy without prior notice to you. The amended Privacy Policy, which shall indicate the date of its latest amendment, will be published in the App for your consideration and consent before you can use the App.

2. You can check the updated version of the Privacy Policy. In your application go to “Setting” and select “Privacy Policy”. If you wish to check the previous versions of the Privacy Policy, please contact us via email.

4. Prohibited Uses

5. Indemnification

You agree to indemnify Avalant Global for any breach of these App Terms. Avalant Global reserves the right to control the defense and settlement of any third party claim for which you indemnify Avalant Global under these App Terms and you will assist us in exercising such rights.

6. No Promises

Avalant Global provides the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Avalant Global does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content. All data and related information is based on information provided by sources and such data, and other content on the App, may be out of date and Avalant Global makes no commitment to update it. To the fullest extent permitted by applicable law, Avalant Global hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.

7. Reliance on Information

The App is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the App. THE APP IS IN NO WAY TO BE CONSIDERED OR USED AS A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE. Exclusion of Avalant Global’s Liability Nothing in these App Terms shall exclude or in any way limit Avalant Global’s liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law. To the fullest extent permitted under applicable law, in no event shall Avalant Global be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction. Avalant Global shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm. In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall Avalant Global’s liability arising under or in connection with these App Terms and your use of the App exceed 10 USD.

8. General

These App Terms shall be governed by the laws of Thailand and the parties submit to the exclusive jurisdiction of the courts of Thaialnd to resolve any dispute between them arising under or in connection with these App Terms. If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.