10.5 Exclusion of liabilities
Under no circumstances, including as a result of its negligent acts or omissions or those of its officers, employees, directors, agents, advisers, contractors, partners or other persons for whom in law it may be liable, shall AIA Hong Kong & Macau be liable for any loss or damage of any nature which you, your beneficiaries or any third parties may sustain as a result of engagement in the AIA Vitality programme. By agreeing to these terms and conditions you, your beneficiaries and any third parties indemnify AIA Hong Kong & Macau accordingly.
All liability of AIA Hong Kong & Macau and/or partners and their respective officers, employees, directors, agents, advisers and/or contractors for any loss, damage, claim or expense (including but not limited to indirect, incidental, special, punitive or consequential liability, economic loss, loss of profits and loss of opportunity) you may incur or suffer that arises directly or indirectly out of these terms and conditions, any other governing documentation as set out in clause 1 of these terms and conditions or the AIA Vitality programme (regardless of whether we have any control over circumstances giving rise to the claim or not) including termination or suspension of your AIA Vitality membership, termination of the AIA Vitality programme and/or termination of any partner benefit, is hereby excluded to the maximum extent permitted by law. To the extent permitted by law, this applies even if we have been informed that the liability, loss, damage or expense will or may result. AIA Hong Kong & Macau and/or partners and their respective officers, employees, directors, agents, advisers and/or contractors disclaim all warranties, express or implied, in connection with the AIA Vitality programme and the benefits. If AIA Hong Kong & Macau and/or partners are liable to you in any way, our liability shall be limited to allocating to your AIA Vitality membership the number of points and/or status which we consider is appropriate in connection with which the relevant claim arose.
To the fullest extent permitted by law, AIA Hong Kong & Macau disclaims all express or implied warranties including, but not limited to, warranties of availability, price, satisfactory quality, merchantability and fitness for a particular purpose. AIA Hong Kong & Macau shall not be liable for any damage or loss of any kind directly or indirectly arising from or in connection with the AIA Vitality programme, any information, software, products, services, benefits or content obtained through the AIA Vitality programme, or your dealings with our partners and third party service providers available through the AIA Vitality programme.
AIA Hong Kong & Macau shall not be liable for any disruption to the Vitality programme or any delay to or inability to provide any of the benefits caused by circumstances beyond the control of AIA Hong Kong & Macau including, but not limited to, failure of any service provider or other third party, merchant closure, strikes or industrial disputes, acts of God, flood, weather, natural disaster, unavailability, war, hostilities (whether war be declared or not) terrorism, rebellion, revolution, insurrection, military or usurped power or confiscation or civil disturbance.
Any third party links (including those of partners) provided by us on any of our websites, communication channels and social media are provided for your convenience. Their inclusion does not imply any approval or endorsement by us. We have no control over the content of those sites and accept no responsibility or liability in respect of them.
You must evaluate and bear all risks associated with the use of the content downloaded and acquired through our/third party (including partner) websites. We shall not be liable for any damage or loss of any kind directly or indirectly arising from or in connection with your use or inability to access our website /third party (including partner) links and/or use any related documents. Please note that the material (including, without limitation, workout and exercise tips, and information contained in applications and video clips), provided on any of our websites, communication channels and social media, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, is provided by way of general information only. Whilst we, (including our holding company, subsidiaries and/or the subsidiaries of our holding company and any joint venture partners or affiliates), endeavour to ensure that the contents of the material are accurate, errors or omissions may occur and we do not accept any liability in respect of them.
We recommend that you consult with your physician before you undertake to follow any health and fitness recommendation you may receive from AIA Vitality programme, our websites, communication channels and social media. We are not a licensed medical provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. AIA Vitality programme does not provide any medical advice or treatment. AIA Vitality programme is not intended to be a substitute for professional medical advice, diagnosis, treatment or management of care following an assessment in the event of abnormal health screen results. No recommendation is intended to be to be instructional for medical diagnosis or treatment. Should you have any health related questions, please call or see your healthcare provider or doctor promptly. In the event of an emergency, call your healthcare provider or doctor immediately.
You expressly agree that your athletic activities carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of us or by the action, inaction or negligence of others (including partners). You also expressly agree that we do not assume responsibility for the inspection, supervision, preparation, or conduct of any race, contest, group athletic activity or event that may earn you points.
If you ever start to feel unwell or have discomfort at any time after trying the workout or exercise, stop immediately and seek further advice from your healthcare professionals. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of what you may have read on any of our website, communication channels and social media. Current health and fitness research may exist that could impact the information provided by us; information provided may not be based on the most recent findings or developments. We shall not be held responsible for any injuries and/or damages that may result from your participation in or engagement of the workout or exercise or any health and wellness programme, of which the information has been provided to or shared with you on any of our websites, communication channels and social media.
We do not accept any liability with respect to death, injury or any consequential damage or loss arising from or in connection with the AIA Vitality programme generally or from the supply of a benefit or service or from the loss, theft or destruction of a benefit (including, but not limited to vouchers).
You may incur a tax liability or disclosure obligation through joining or use of AIA Vitality programme. You should obtain your own financial or tax advice regarding any benefit you may receive through AIA Vitality programme. AIA Hong Kong & Macau is not liable for any financial or tax consequences that may arise. AIA Hong Kong & Macau reserves the right to provide any tax authorities with full details of any member's accrual and redemption of benefits, upon request of a tax authority. AIA Hong Kong & Macau excludes all liability for cooperating with tax authorities in this matter.
This serves to clarify that AIA Vitality is a science-backed incentivised wellness programme and not an insurance product that falls under the jurisdiction of the insurance regulation. Depending on the circumstances of the case, any customers' complaints and/or queries arising from AIA Vitality programme will be dealt with separately from other conduct associated with selling insurance products.