Terms and Conditions of Use of the Application and Site Services

AGeneral Provisions on the Service and Personal Data

1. The Service is intended to provide content and connect you with health-related service providers, either established and/or operated directly by Sirka and/or provided by third parties through partnership arrangements with Sirka in relation to weight management, products, and other health-related programs. The programs you can access through the Service vary and may change from time to time in line with health developments, especially within the Republic of Indonesia.
2. In providing the Service, Sirka will connect you with professional, certified health practitioners who hold the licenses required by Indonesian regulations to deliver the Service (“Sirka Health Experts”).
3. You agree that all conversations and any relevant personal and health data you provide to Sirka Health Experts and/or other authorized Sirka personnel in the course of the Service (“Personal Data”) will be stored automatically and electronically. Relevant and specific portions of your Personal Data will be used to deliver and improve the Service, to offer health programs including research and scientific health publications designed using your relevant Personal Data. The confidentiality of your Personal Data is guaranteed and will not be disclosed to the public. However, you understand that your Personal Data may be shared with legal, tax, medical, and/or other Sirka consultants under a written confidentiality obligation, for the purpose of reporting and/or complying with legal provisions and/or government decisions to which Sirka is subject. The Personal Data stored by Sirka may include, but is not limited to:
   • Basic information used to identify you;
   • Health data and information such as weight, height, waist circumference and other health data required to deliver the Service;
   • General and specific health data and information used for scientific research to test the effectiveness of the programs and/or health products offered by Sirka and/or to design future health programs;
   • Photos of you before and after receiving the Service.
4. You declare that you are legally competent, that is, at least 18 (eighteen) years old or married, and are therefore able to bind yourself to these Terms and Conditions in accordance with applicable laws. If you are under 18 (eighteen) years old, by registering for the Service, you declare that you have obtained consent from your parent or guardian. By providing such consent, you declare that:
   • All information provided is true and accurate;
   • Payment for use of the Service can be accounted for;
   • Your compliance with these Terms and Conditions is genuine; and
   • Processing of your Personal Data in connection with the Service may be performed in accordance with applicable laws.
5. You have all rights granted under applicable laws over your Personal Data, including the right to access, correct or update your Personal Data. You may submit a written request regarding this through the available contact channels.
6. Sirka may collaborate with Third Parties. “Third Parties” means other parties that collaborate with Sirka to provide, improve or create the Service, as well as research and scientific publications related to the Service provided by Sirka (“Third-Party Collaboration”). By using the Service, you consent to this. Any transfer of your Personal Data for a Third-Party Collaboration will be kept confidential and carried out under an agreement that complies with applicable regulations. Should any issue arise from a Third-Party Collaboration, Sirka will endeavour to ensure that it does not disrupt the Service, including the confidentiality of your Personal Data. Such transfers of your Personal Data are strictly to support the Service and will not disclose your Personal Data to any party not bound by a written agreement related to the Third-Party Collaboration.
7. You acknowledge that the application and website services carry intellectual property rights protected under applicable laws, including but not limited to trademarks and copyrights (“Intellectual Property Rights”). You may not reduce, add to, alter, or otherwise interfere with Sirka’s Intellectual Property Rights, including for non-commercial purposes, without written consent from Sirka, in any way that would diminish the moral, economic, or other rights granted to Sirka under applicable laws governing Sirka’s Intellectual Property Rights.
8. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service without Sirka’s written permission.
9. You agree that all agreements, notices, disclosures, and other communications that Sirka provides to you electronically satisfy all applicable legal requirements and carry the same legal force for both Sirka and you. This consent does not release Sirka from its obligation to comply with laws governing consents and agreements executed electronically.
10. The Service may contain health and fitness information but is not intended in any way to diagnose, treat, or serve as the sole solution to any health issue you may have, and must not be used as the sole basis for making medical decisions without further consulting a doctor. The Service is not a substitute for a doctor’s diagnosis, and if you experience a serious health issue, please consult a doctor further regarding your concerns. Any reliance on the information on this site without further consultation is at your own risk.

BTerms of Use of the Service

1. You may use the Service by first registering and providing legally accountable Personal Data as required by the Service you choose. Personal Data is used only for the purposes of the Service, and its relevance is maintained over time. The registration process requires you to provide true and accurate information. Sirka reserves the right to discontinue the Service if, in the judgement of the Sirka Health Expert, you are deemed not to have provided true and accurate Personal Data, making it difficult for the Sirka Health Expert to deliver the Service that is expected to help you reach your health goals.
2. You are jointly responsible for maintaining the confidentiality of your Personal Data by preventing use of your account by unauthorized third parties that could disrupt the Service provided by Sirka. If Sirka detects unauthorized use of the Service, Sirka reserves the right to suspend or terminate the Service. Sirka is released from any loss, damage, expense, and/or liability arising from actions caused by use, including disclosure of your Personal Data on the Service, insofar as it is caused by your acts, carelessness, negligence, and/or failure to keep your Personal Data on the Service confidential.
3. Your Personal Data will be stored for 10 (ten) years and/or until you request its deletion and destruction and/or when your Personal Data is no longer relevant to the Service. Storage of your Personal Data continues during this period even after the Service has ended, for Sirka’s archival and Service development needs.
4. The site may contain certain information that has not been updated. Historical information is naturally out of date and is provided for your reference only. Sirka reserves the right to change the contents of this site at any time to ensure the accuracy of the information, which may change based on research or other scientific references. You agree that you are responsible for monitoring changes to the Sirka site.

CProhibitions Related to Use of the Service

1. You are prohibited from reverse-engineering the Service.
2. You are not permitted to change, modify, adapt, or alter another site and/or application in a way that implies that such site and/or application is owned by or affiliated with Sirka.
3. You are prohibited from using the Service other than for the purposes described in the promotional materials and the explanations of the Sirka Health Expert.
4. You are prohibited from creating and/or transferring or assigning a Service account to any third party.
5. You are prohibited from copying anything related to the Intellectual Property Rights associated with the Service.
6. You are prohibited from using the Service to attack, use rude language, or behave in a way that is inconsistent with cultural norms, morals, and/or applicable laws while using the Service.
7. You are prohibited from disclosing to Sirka Health Experts any third-party information that has no connection whatsoever with the Service.
8. You are prohibited from using the Service for unlawful acts.
9. You are prohibited from smuggling in viruses and/or committing any prohibited act that could disrupt or impede use of the Service.
10. You may not refuse without clear reason to cooperate in providing Personal Data relevant to and required for the Service.
11. You are prohibited from sharing pornographic content or other content that conflicts with public policy and applicable laws while using the Service.
12. You are prohibited from using the Service in a way that results in loss, damage, fines, penalties, or claims against any party or against Sirka.
13. Sirka grants you a use of the Service that is non-transferable and non-inheritable. All designs, source code, content and other items related to Intellectual Property Rights remain the property of Sirka. Accordingly, you are prohibited from copying, altering or modifying, creating derivative Services based on Sirka’s Intellectual Property Rights, or taking any other unauthorized action against the Sirka Service.
14. You will only use the Service for its intended purposes and not as a channel for money-laundering, embezzlement, fraud, or any other criminal act under applicable laws.
15. If Sirka detects that you have committed one, some, or all of the acts listed in items 1 – 14, Sirka reserves the right to:
    • Delay the Service provided to you;
    • Suspend your access to the Service;
    • Close your account; and/or
    • Take other actions at Sirka’s discretion as permitted under applicable laws.

DPayment and Subscription

1. You will be charged a fee to access the Service you choose. Service fees may change at any time without prior notice to you, however such fee changes will not be charged while your Service is ongoing. Sirka reserves the right at any time to modify or discontinue the Service (or any part or content of it) without prior notice. If the Service provided to you is terminated by Sirka, resolution will be discussed further.
2. Payment of fees will be made through the payment channels designated by Sirka.
3. You hereby acknowledge that Sirka reserves the right to change the payment methods and channels that Sirka deems more convenient for you.
4. If you experience any complaints or issues with payment, you may contact Sirka’s customer service within 7 (seven) business days.
5. You agree that any payment complaints or issues reported outside the time frame set out above are outside Sirka’s responsibility.

EDisclaimer

Sirka hereby declares that Sirka is only a bridge connecting you with Sirka Health Experts. Sirka Health Experts perform the Service strictly within their area of expertise and will not provide any medical advice or actions outside the scope of their competence; conversely, you are also prohibited from requesting medical advice or actions of any kind outside that scope.

FLimitation of Liability

1. You agree that Sirka cannot and will not be liable for any loss you suffer as a result of your breach of these Terms and Conditions. You also acknowledge that Sirka is not responsible for any use of the Service that contravenes applicable laws.
2. Sirka is also not responsible for your errors or carelessness that directly or indirectly cause:
   • Disruption of, or inability to use, the Service;
   • Misuse of the Service;
   • Any investigation by authorities in connection with use of the Service;
   • Damage to any of your mobile phones or other devices used to access the Service, including but not limited to damage caused by viruses, bugs, security breaches and operational or other technical failures not attributable to Sirka’s fault and/or negligence;
   • Any leak of your Personal Data that is not caused by Sirka’s fault and/or negligence;
   • Exchange or disclosure of your Personal Data carried out by you, including any and all of your errors that result in a leak of your Personal Data;
   • Any claim about the authenticity or accuracy of the Personal Data you provide for the Service after Sirka has completed the process of authenticating the truth and accuracy of your Personal Data.
3. By accessing and using the Service and the site, you declare and waive the right to sue for known and foreseeable, as well as unknown or unforeseen, losses that are not directly or indirectly connected with use of the Service that contravenes applicable laws.
4. You acknowledge that any damage to the Service does not entitle you to exploit the Service.
5. Sirka is not responsible for any third-party content, information, or data that you provide to Sirka. All such third-party content, information and data are your responsibility, and Sirka is released from any misuse of such third-party content, information, and data by you.

GWarranty and Indemnity

Sirka implicitly and expressly warrants that the Service will be accurate and defect-free. If any issues are found with the Service, Sirka will do its best to fix the Service to improve your usage experience. Nevertheless, Sirka does not guarantee that such fixes will happen immediately, but they will be carried out as best as possible once discovered and/or reported by you. Sirka guarantees that it will provide you with a resolution to any Service damage in accordance with mutual agreement.

HYour Responsibilities

You agree, at Sirka’s request, to release, defend, indemnify and hold Sirka harmless against any claim, liability, damage, loss, and cost, including without limitation legal fees and expenses, arising from or in any way connected with any of the following:

• Your breach of the Terms and Conditions of the Service;
• Your breach relating to the use of third-party content, information, or data that harms Sirka and/or such third party;
• Your breach relating to Sirka’s Intellectual Property Rights;
• Your breach of Sirka’s rights under applicable laws.

IGoverning Law and Jurisdiction

These Terms and Conditions are governed by the laws of the Republic of Indonesia. Should any provision be unenforceable, that provision will be amended to comply with Indonesian law, and such unenforceable provision will not affect the validity of the other provisions that remain valid under Indonesian law.

In the event of a dispute, such dispute will be conducted at the Indonesian National Arbitration Board (“BANI”), located at Wahana Graha 1st & 2nd Floor, Jl. Mampang Prapatan No. 2 Jakarta 12760. The arbitration panel will consist of 1 (one) arbitrator appointed by the Chair of BANI and seated in South Jakarta. The language of the arbitration proceedings will be Indonesian.