1. Governing Documentation and Membership Conditions
AIA Vitality programme is operated in Thailand by AIA Thailand (a member of the AIA group of companies).
These terms and conditions apply to the AIA Vitality programme in Thailand and the provision of any benefits thereunder.
You must read these terms and conditions before you become a member of the AIA Vitality programme. These terms and conditions contain important information.
If you do not understand these terms and conditions or have any questions about these terms and conditions, please email this address firstname.lastname@example.org or call 1581. Our representatives will be happy to assist you and answer any question you may have.
By applying to become an AIA Vitality programme member or by participating in the AIA Vitality programme or by accessing any benefit or reward, you will be deemed to have:
2. Changes to the AIA Vitality Programme, Partners and Benefits
AIA Thailand also reserves the right to change the identity and range of Partners, Benefits structure / incentives / discounts / cash back (including Status Thresholds, benefit, and reward entitlements) and eligibility conditions at any time.
We shall use reasonable effort to notify the AIA Vitality members of changes or variations to the AIA Vitality programme by posting details of the changes on the AIA Vitality website and/or any other channels or methods. Where we consider that changes to the AIA Vitality programme will be significant, we shall endeavour to provide AIA Vitality members with reasonable notice of the changes in advance. This notice may be provided electronically, including by email (sent to your last notified email address), by posting details of the change(s) on the AIA Vitality website, and/or any other channels or methods.
If you are not satisfied with any changes or variations to the AIA Vitality programme, you may terminate your membership under clause 8 (Termination of membership) of these terms and conditions.
3. AIA Vitality Membership
AIA Vitality membership is granted based on the sole discretion of AIA Thailand.
AIA Vitality membership year commences on the date that the AIA Vitality membership begins and runs for a 12-month period. The AIA Vitality membership year can start on any day of the calendar year.
You are eligible to, and may, apply for AIA Vitality membership in one of two ways:-
1. You are named as a life insured under insurance products which are selected/ communicated by AIA Thailand. Your AIA Vitality membership will only be activated following registration and approval of underlying such insurance products.
2. If you join an employer who has [in force a Corporate Solutions policy and signed up for the AIA Vitality programme, and;
a. If you are not an existing AIA Vitality member, the commencement date of your AIA Vitality membership will fall on the date you activate your AIA Vitality membership.
b. If you are already an existing AIA Vitality member by reason of (1) above, there will be no change to the commencement date of your AIA Vitality membership.
In addition, if you leave such employer, you will have 31 days from the date your employer or you notifies us of your leaving to continue your AIA Vitality membership, provided you meet the eligibility conditions as set out in clause 4.
AIA Thailand may, in its absolute discretion, allow other methods of applying for an exclusive membership of AIA Vitality programme. Please refer to clause 9.6 of these terms and conditions for further information relating to exclusive memberships.
4. Qualification as an AIA Vitality Member
To qualify as an AIA Vitality member, an applicant has to meet the following requirements:-
A. You must be 18 years or older (as of last birthday), whereas the maximum issue age is based on the underlying insurance policy;
B. You must be the life-insured under insurance products which are selected/ communicated by AIA Thailand or insured member of under your employer’s Corporate Solutions policy; and
C. You must provide a valid unique email address and identification number
The AIA Vitality member must be a living individual, and membership is not available to corporations or other legal entities. Membership is granted at the sole discretion of AIA Thailand. Each individual is entitled to only one AIA Vitality membership in each jurisdiction.
AIA Thailand may, in its absolute discretion, allow certain individuals who do not meet the qualifying conditions set out above to become an AIA Vitality member (exclusive memberships). Please refer to clause 9.6 of these terms and conditions for further information relating to exclusive memberships.
5. AIA Vitality Membership Card
AIA Vitality members will be issued a membership number and membership card. The use of this number / card or associated benefits is deemed to be an acceptance of these terms and conditions and any other applicable rules, regulations, policies or procedures related to the benefit provided by AIA Thailand and their partners.
You will receive your AIA Vitality membership card after AIA Thailand accepts your application and you have successfully activated your membership. AIA Thailand shall not be responsible in the event of any error in your application or your failure to receive your AIA Vitality membership card due to the provision of incomplete or inaccurate particulars or information or an obsolete, incomplete or inaccurate mailing address.
You may need to present your AIA Vitality membership card at our partners to earn points and enjoy benefits. If you fail to present your AIA Vitality membership card at our partners when requested, you may not be able to claim such points and benefits retrospectively.
AIA Vitality membership and AIA Vitality membership card are non-transferable and non-assignable, and will be used exclusively only by you. You will remain liable for all transactions incurred from usage of the AIA Vitality membership card (whether authorised or otherwise), where investigations made by AIA Thailand reveal that you are a party to any actions regarding any transactions effected through the use of the AIA Vitality membership card.
You will not be entitled to dispute any transaction using your AIA Vitality membership card or under your username and password, unless AIA Thailand has previously confirmed the receipt of your notification on the suspected or actual unauthorised use, loss or theft of your AIA Vitality membership card. AIA Thailand is entitled, but not obliged, to rely on all instructions and transactions carried out using your AIA Vitality membership card or under your username and password.
By applying for and using the AIA Vitality membership card, you agree and undertake:
A. not to use the AIA Vitality membership card for any commercial, fraudulent or unlawful purposes or purposes which are deemed unacceptable by AIA Thailand or which are prohibited by these terms and conditions;
B. to promptly notify AIA Thailand of any unauthorised use, loss or theft of the AIA Vitality membership card;
C. to change your password immediately and notify AIA Thailand immediately and request a new password if you have reason to suspect that the security and/or confidentiality of your password has been compromised; and
D. to only use the AIA Vitality membership card in good faith and in accordance with these AIA Vitality terms and conditions.
Should your AIA Vitality membership card become lost or damaged, you must immediately notify us via email at email@example.com or by calling 1581. You may request AIA Thailand to issue a replacement AIA Vitality membership card and AIA Thailand shall at its sole and absolute discretion accept or refuse such request (with or without providing any reason). The issue of any replacement AIA Vitality membership card may be subject to a Card Replacement fee unless waived by AIA Thailand at our discretion.
6. AIA Vitality Programme Benefits
6.1 Benefits of the AIA Vitality programme
The AIA Vitality programme is a health and wellness programme that aims to reward AIA Vitality members who are proactive about improving their health and general well-being by providing benefits which may include discounts, exclusive offers, cash back rewards and other benefits relating to goods and/or services offered by AIA Thailand and our partners from time to time. For more information, please refer to the AIA Vitality website.
Unless otherwise set out in the relevant benefit content, only an AIA Vitality member can enjoy the benefits. Benefits may only be used for personal and not business purposes.
As a general rule, you will be eligible to access benefits when you activate your AIA Vitality membership. Certain benefits may not be accessible immediately and may be subject to a processing or waiting period. The relevant benefit content will explain when that benefit will be available and the relevant terms and conditions applicable to obtaining each benefit. If you do not activate your AIA Vitality membership, you may not be able to access benefits. Please refer to the benefit content on the AIA Vitality website for more information.
In some cases, certain benefits or partner discounts will not be applied at the point of sale. Instead these benefits or discounts may be consolidated on a periodic basis in the form of rebates. Where applicable, you will receive such rebates by electronic funds transfer or vouchers, or such other method as may be determined by us from time to time at our sole discretion and subject to applicable laws. For more information, please refer to the relevant benefit guide on the AIA Vitality website.
6.2 Additional fees for using Benefits
Additional fees, including but not limited to, activation fees, monthly fees and subscription fees, may be payable for the utilisation of certain benefits. The fees may be payable directly to the partner.. Please refer to the benefit content on the AIA Vitality website for more information. Where possible, we will endeavour to give you advance notice of the introduction of, or increase to, any fees payable for the utilisation of certain benefits. This notice may be provided electronically, including by email (sent to your last notified email address) or by posting details of the change(s) on the AIA Vitality website.
If you are not satisfied with the introduction of, or increase to, any fees payable for the utilisation of certain benefits, you may terminate your membership under clause 8 (Termination of membership) of these terms and conditions.
6.3 Important information about Benefits
Benefits are provided by our partners. These partners are separate and independent entities, and AIA Thailand shall not be responsible for the nature or quality of products or services provided by those partners, nor for any solicitation efforts by those partners. The products and services offered by our partners are not sold or marketed by AIA Thailand, and the provision of the same may also be subject to certain terms and conditions of our partners.
AIA Thailand makes no representations or warranties, express or implied, of any kind with respect to any benefit, including price, availability, quantity, quality, accuracy, timeliness, usefulness, merchantability or fitness of any product or service provided as part of a benefit, including without limitation, success rate, fitness for a particular purpose and quality.
AIA Thailand will not be liable for any loss, injury, claim or damage suffered or incurred as a direct or indirect result of an AIA Vitality member’s use of a product or service or reliance upon advice with respect to any benefit. AIA Thailand shall have no liability for partner withdrawals from the AIA Vitality programme or for award changes or cancellations caused by partner withdrawals, discontinued partner service, or award or point accrual cancellations for any reason.
Any dispute about any products or services provided as part of a benefit must be resolved directly with the relevant partner
6.4 Benefit Content and other documentation
A partner (alone or jointly with AIA Thailand) may issue a benefit content which sets out the rules governing the use and access to a benefit. The benefit content is available on the AIA Vitality website.
Representations in the benefit content made on behalf of our partners are based upon information that AIA Thailand has received from them, such information having been provided to us along with assurances from our partners that it is accurate.
All information in a benefit content and other information provided with respect to any benefit is general information only and are not in any way intended to be financial, medical, nutritional, health, fitness, legal or other advice or as a substitute for such advice. Any such information is not provided to promote or influence you to acquire any product or service.
Benefit content and other information provided in respect of benefits do not take into account your personal circumstances and are subject to change. You should obtain professional advice from a medical practitioner, pharmacist, dentist, nutritionist or other appropriate health professional in relation to your own personal circumstances or in relation to the diagnosis or treatment of any medical condition. If necessary, you should consult with such a professional. Importantly, the results of any benefits, devices, services, software available, assessments, health checks, consultations or tools cannot replace any advice a doctor or other health professional gives. You should not change or discontinue any assistance or treatment you may be receiving on the basis of information provided in relation to any benefits, devices, services, software available, assessments, health checks, consultations or tools accessed or used without first consulting your healthcare provider. Medicines you use for your physical or mental health may also affect the results of any benefits, devices, services, software available, assessments, health checks, consultations or tools accessed or used. You should also seek professional advice immediately should any symptoms you may be experiencing persist or change.
6.5 AIA Vitality fitness assessment
By taking part in the AIA Vitality fitness assessment with an AIA Vitality gym partner (and/or its franchisees) and/or by using the AIA Vitality gym partner’s and/or its franchisees’ services and/or facilities (Activity) you:
C. Acknowledge and agree that to the extent permitted by law, AIA Thailand and the relevant gym partner exclude any and all liability to you under contract, tort, statute, equity or in any other manner, for any injury (including without limitation death, personal, bodily or mental injury), damage or loss of any kind whatsoever (including without limitation, any liability for direct, indirect, special or consequential loss or damage) sustained by you or any other person, or for any costs, charges or expenses incurred by you or any other person arising from or in connection with the Activity and/or any act or omission of AIA Thailand and/or the relevant gym partner, except to the extent that such injury, damage or loss is caused by the gross negligence (meaning that the act was done or omitted to be done with reckless disregard, with or without consciousness for the consequences of the act or omission) of AIA Thailand and/or the relevant gym partner. In such case, the liability of the respective party will be limited to the injury, damage or loss directly caused by that party’s gross negligence. This clause does not exclude, or intend to exclude, any consumer guarantees applicable to the Activity and to the extent that it does this clause has no effect;
D. Represent that you are in good physical and mental condition and have no health and medical reason, impairment or disability that might prevent you from undertaking the Activity. You acknowledge that neither AIA Thailand nor the gym partner is in a qualified position to provide you with medical advice related to your physical condition and/or inability to undertake the Activity;
E. Agree to obtain professional advice from a medical practitioner, pharmacist, nutritionist or other appropriate health professional in relation to your own personal circumstances or in relation to the diagnosis or treatment of any health / medical condition. If necessary, you agree that you will regularly consult with such a professional. You also agree to seek professional advice immediately should any symptoms you may be experiencing persist or change; and
F. Acknowledge and agree that the results of the Activity are not a substitute for medical advice or treatment and must not be used for diagnosing or treating a health problem or to replace your doctor or healthcare professional. You agree not to change or discontinue any assistance, medication or treatment you may be receiving on the basis of information provided in relation to the Activity without first consulting your doctor or health professional. Medicines you use for your physical or mental health may affect the results of the Activity. Any reliance by you on the information provided in undertaking the Activity will be at your own risk. AIA Thailand and the gym partner make no express or implied representation or warranty regarding the completeness, accuracy, reliability or currency of the information or results provided.
7. AIA Vitality Status and AIA Vitality Points
7.1 AIA Vitality Status
As a new AIA Vitality member, your default status will be Bronze. Points earned throughout your AIA Vitality membership year are added towards your status. The more points you earn, the higher the status you will achieve. The different status levels are: Bronze, Silver, Gold and Platinum. To move up a status, you will need to accumulate a sufficient number of points to reach the relevant status. The table below sets out how many points are needed for each status at the date of these terms and conditions.
AIA Vitality Status
AIA Vitality Points
|Bronze||0 – 9,999|
|Silver||10,000 – 19,999|
20,000 – 29,999
As your status changes, the benefits you are entitled to and the terms relating to those benefits may change. Please refer to the benefit content for further information.
7.2 Earning AIA Vitality Points
You will earn points for completing certain activities if you are an AIA Vitality member. Additional rules such as age and gender rules apply to some activities. Please refer to the partner benefit content on our website for further details. The number of points you can earn will depend on a range of factors such as the activity you are doing and your health goals and risk factors. We may adjust the number of points you can earn for each activity depending on your individual health status or how important the activity is to your health status. Certain activities and/or groups/categories of activities may have limits as to how many points you can earn over a certain time period.
Additional terms and conditions may apply to each activity. Please refer to the relevant benefit content for further details.
7.3 Awarding of AIA Vitality Points
AIA Vitality Points will be awarded to you in accordance with the terms and conditions as determined by us and the respective partner from time to time. In some cases, it may take approximately 30 days for your points to be reflected.
AIA Thailand may run promotions from time to time offering bonus AIA Vitality Points. Qualification for these bonus points is subject to terms and conditions of each individual promotion. Where a promotion requires pre-registration, bonus points will only be credited if members complete the registration process at our website prior to purchase or consumption of our partner’s products and services.
AIA Thailand may exclude specific activities from the crediting of AIA Vitality Points. In some cases, AIA Vitality Points may not be earned in conjunction with other promotions or discounts offered by AIA Thailand and/or its partners. You are advised to check with us and/or Benefit Content.
AIA Thailand has the sole discretion to audit any and all your activities to ensure compliance with these terms and conditions and other applicable rules, regulations, policies or procedures relating to the AIA Vitality programme. During the course of audit or investigation, we may share your account information with our partners and also third parties with whom we have contracted to assist in perform such audit or investigation. In the event that an audit reveals discrepancies or possible violations, we may delay the processing of the awarding of AIA Vitality Points, cancel any outstanding redemption, without statements or suspend your account pending completion of an audit. Upon completion of an audit, if discrepancy or violation has been determined by us, in addition to any other remedies we may have, the AIA Vitality Points may be removed from your account and/or your AIA Vitality Status may be downgraded to remedy any such discrepancy or violation.
Any disputes in connection with or arising from the points awarded must be notified to us as soon as possible and in any event, within 30 days from the date of activity, by email at firstname.lastname@example.org or by calling 1581. We may need you to provide us with supporting documents wherever applicable to assist us in settling any disputes. If we do not receive any notifications from you within the stipulated
timeframe of any disputes or inaccuracies on your points, the points statement will be taken to be correct, final and binding on you. Our decision on any such dispute shall be final and conclusive.
7.4 Monitor your AIA Vitality Points
You can monitor your points by logging on to the AIA Vitality website, via the AIA Vitality mobile app or by calling 1581.
There may be a delay for points to be loaded and / or reflected on your points statement or on any of the above platforms.
7.5 Validity and expiry of AIA Vitality Points
Your status will remain in place from the time you earn the relevant status until the end of the next AIA Vitality membership year unless changes are made to your membership. At the anniversary of your AIA Vitality membership, AIA Vitality members will carry over their status earned from the previous year. However, in the year after that AIA Vitality membership year, you will lose your status if you do not earn enough points to maintain it.
Your points will expire at the end of the AIA Vitality membership year in which the points are earned. No points will be carried over into the subsequent year.
7.6 Transfer of rights
The membership of AIA Vitality programme is personal to you and will not be assigned at law or in equity. Accrued AIA Vitality Points do not constitute your property.
AIA Vitality Points generated under this AIA Vitality programme apply to certain qualified benefits offered by the partners in Thailand only. They are not transferrable to other AIA vitality schemes operated elsewhere in the world (and vice versa).
Except as provided otherwise in these terms and conditions or in any other documents relating to AIA Vitality programme, you cannot transfer, assign, sell, barter or pledge your points, your status, membership rights or rights to benefits or points to another person or another membership. AIA Vitality Points cannot be bequeathed or devised. Points cannot be redeemed for cash and cannot be returned for any other consideration.
If points, awards or benefits are purchased from an unauthorised source, such transactions are voidable and you will be liable for the full, unrestricted value of awards issued as a result of improper or fraudulent transfers and/or redemptions and otherwise in violation of the terms of the AIA Vitality programme
7.7 Underutilisation rules
On some benefits you may be required to utilise and/or purchase the partner’s facility, goods and/or services a specified minimum number of times or amounts. Failure to meet these minimum utilisation rules could result in your rights to the benefit being altered or terminated.
Please see the relevant benefit content on the AIA Vitality website for more details.
8. Termination of Membership
8.1 Automatic termination if you cease to be insured by us
Subject to our rules and any extension that may be allowed by us, your AIA Vitality membership will automatically terminate at the end of the relevant AIA Vitality membership year if you are no longer the life insured under insurance products which are selected/ communicated by AIA Thailand or insured under a Corporate Solutions policy as elected by that insured's employer.
Membership is also automatically terminated in the event of member’s demise, and all AIA Vitality Points accumulated by the deceased member will be abolished
8.2 Cancellation by you
You may terminate your AIA Vitality membership at the end of the AIA Vitality membership year. You must provide us with 30 days’ prior written notice, sent to us by email at email@example.com in order to terminate your AIA Vitality membership.
On termination of your AIA Vitality membership, you may or may not automatically terminate your existing relationship with partners, you may still be subject to the notice period of certain partners and to any other relevant terms and conditions of such partners.
8.3 Termination of the AIA Vitality programme or your membership by us
We reserve the right to terminate, suspend, cancel, deactivate, recall or revoke the AIA Vitality programme (in whole or in part) at any time and do not guarantee that the AIA Vitality programme will continue indefinitely or that it will be managed and owned by us.
We further reserve the right to terminate, suspend or deactivate your AIA Vitality membership (in whole or in part, including your access and right to utilise one or more of the benefits), your transaction(s), AIA Vitality membership card, points and/or forfeit the accumulated points, for reasons which include (but are not limited to):
A. if we detect or suspect any unusual, irregular, suspicious, fraudulent or unauthorised use or activity or any conduct/misconduct
C. if you do not or no longer qualify for an AIA Vitality membership under these terms and conditions;
D. if we believe that you are abusing or misusing the benefits, awards or privileges of the programme
In the event of termination of the AIA Vitality programme or the cancellation of membership in the AIA Vitality programme, we shall notify you in writing of such termination or cancellation by sending an email to the last notified email address as specified by you and/or any other channels or methods.
Subject to the terms of our agreement with relevant partners, we shall use reasonable endeavours to allow AIA Vitality members to access their benefits ordered as at the date of termination of the AIA Vitality programme for a period of 45 days from when we issue notification of the termination of the AIA Vitality programme.
8.4 If your membership terminates
If your membership is terminated for any reason:
A. Subject to the terms of our agreements with the relevant partners and any other relevant terms and conditions of the relevant partners, your rights to benefits will cease upon the termination of your AIA Vitality membership.
B. You may be entitled to any outstanding partner cash back that you earned less any outstanding fees due to AIA Thailand, subject to the terms and conditions of the applicable partner cash back programme.
C. Any Points and Status will cease upon the termination of your AIA Vitality membership
9. Other Important Information
9.1 General information
Membership of the AIA Vitality programme does not give rise to any legal relationship with AIA Thailand, other than being bound by these terms and conditions and the other governing documentation referred to in clause 1 of these terms and conditions, and when entitled to do so, to receive any benefits.
Nothing herein shall be construed as a representation by us that AIA Vitality programme and/or AIA Vitality membership card is/are available for use in geographic areas or jurisdictions other than Thailand.
If for any reason, any provision or part of the AIA Vitality terms and conditions or any provision or part of any other governing documentation is found to be void or unenforceable, such provision or part of the AIA Vitality terms and conditions or of any other governing documentation shall be deemed to be severed from the AIA Vitality terms and conditions or such other governing documentation and the remainder of such provision or of the AIA Vitality terms and conditions or such other governing documentation, as the case may be, shall remain in full force and effect and may be enforced to the fullest extent possible.
Other benefit promotions, special discounts, competitions, exclusive offers etc. may be offered from time to time, including from us, our partners or affiliates. If they are offered, other terms and conditions may apply, which may be notified by mail, email, SMS, the AIA Vitality website or the AIA Thailand website or other facility.
9.2 How we communicate with you and consent to electronic communication
You consent to receive documents and other information in relation to your AIA Vitality membership and any other arrangements you have with us by electronic communication to the most recent email address we have for you in our records and authorise us to act on instructions received electronically. You also consent to us communicating electronically the fact that some information can be obtained by following a hyper-link or by accessing an electronic address set out in the communication. You acknowledge that these consents and authority have effect to the maximum extent that we are permitted by law to act and provide information to you in accordance with these consents and authority.
We shall be entitled from time to time to contact you via electronic transmission (e.g. email), mail, SMS, MMS, telephone, fax and other means of communication (via any of your telephone numbers, whether registered in Thailand or otherwise) in respect of your membership and participation in the programme. You acknowledge that hard copy documents and information may not be given and that electronic communications must be regularly checked. Notwithstanding these consents, we may still decide to send you hard copy documents and information in certain circumstances.
Any notice or other information to be given to you may be given by updates to the AIA Vitality website, portals, online facilities, electronic transmission (e.g. email), mail, SMS, MMS, telephone, fax and other means of communication (by any of your telephone numbers, whether registered in Thailand or otherwise), at the address as may from time to time be notified in writing.
We shall use reasonable endeavours to transmit statements, notices and other material relevant to AIA Vitality members to advise you of various matters of interest, including changes to the programme, but we shall not be responsible for correspondence lost or destroyed. Any statement, notice or other material shall be deemed to have been given by us if it is uploaded to the AIA Vitality website or if it is sent to the email or physical mail address last notified to us by the AIA Vitality member for the AIA
Vitality programme. You are responsible for advising us of any change in your contact details, including email and physical mail address, and ensuring that your email address remains current and unblocked and that communications from us are not filtered or placed in a location where you do not see them so that we can provide documents and other information to you. AIA Thailand shall not be liable for failure to deliver a notice to you where you have failed to comply with the foregoing.
9.3 Disclosure of information
By way of summary, we collect personal and sensitive information in a range of circumstances, including on registration, when you contact us, make an enquiry or use or request our products or services or the products or services of our partners. The types of personal and sensitive information we collect includes (amongst other things) your name and contact details, identifying information (e.g. date of birth), demographic and profile information (sex, age, etc.) and health and medical-related information. We also collect personal information about your interactions with us, including any contact we have with you by telephone, email or online. You hereby agree that any information provided by you for use in relation to the AIA Vitality programme is on a voluntary basis for your membership and participation in the AIA Vitality programme.
Any health or medical-related personal information you provide as part of your AIA Vitality membership will not be provided to the underwriting or claims departments of AIA Thailand and therefore will not be used in the making of any future underwriting or claims decisions. Under no circumstances shall AIA Thailand be deemed to have knowledge of any AIA Vitality programme related information in respect of its underwriting and claims functions. In accordance with your duty of disclosure, you are still therefore obliged to disclose any of this information to the extent it may be relevant in the event of any future application for insurance cover, changes to existing insurance cover or claims under an insurance policy with AIA Thailand.
9.4 Dishonesty/fraud/misrepresentation/abuse of AIA Vitality programme privilege
Your membership of, and participation in the AIA Vitality programme is based on mutual trust. Where dishonesty or fraud or misrepresentation or abuse of AIA Vitality programme privilege is detected, benefits may not be awarded, your AIA Vitality membership may be cancelled and the matter may be referred to the appropriate authorities. This AIA Vitality membership may become invalid and we may take other action consistent with our legal rights.
If any act or omission by you is dishonest or fraudulent or constitutes an abuse of the AIA Vitality programme privilege, or if any dishonest or fraudulent or improper means or devices are used by you, any member of your household or anyone acting on your or their behalf in relation to the AIA Vitality programme, then all benefits under this programme may be lost or forfeited, your AIA Vitality membership may also be cancelled and you may have to return to us any payments made by us and benefits provided by us, or any of our partners (or by any other party under our direction) as a result of your actions or the actions of any member of your household or anyone acting on your or their behalf as a result of any dishonest or fraudulent actions.
9.5 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 Thailand 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 Thailand accordingly.
All liability of AIA Thailand 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 Thailand 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 Thailand 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 Thailand 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 Thailand 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 Thailand shall not be liable for any disruption to the Vitality programme or any delay to or inability to provide any of the benefits cause by circumstances beyond the control of AIA Thailand 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. AIA Thailand is not liable for any financial or tax consequences that may arise. AIA Thailand 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 Thailand excludes all liability for cooperating with tax authorities in this matter.
9.6 Exclusive memberships
From time to time and in our sole and absolute discretion, we may select individuals and offer exclusive memberships to them for AIA Vitality programme. In such circumstances the individual will be deemed to satisfy the eligibility criteria in these terms and conditions and other additional eligibility criteria as may be determined by us for the exclusive membership offer at our sole and absolute discretion. We may at our sole and absolute discretion waive, the requirement to be insured under an eligible AIA Thailand insurance policy, or other requirements of AIA Vitality membership. Whether a selected individual is offered an exclusive membership and the eligibility and rules applicable to such exclusive membership are in the absolute discretion of AIA Thailand.
These terms and conditions apply to such exclusive memberships, except where the terms and conditions are inconsistent with this clause 9.6, in which case this clause 9.6 will prevail to the extent of any inconsistency. If an exclusive membership is offered, other terms and conditions may apply, which may be notified by the AIA Vitality website, mail, email, SMS or such other facility as AIA Thailand
determines in its sole and absolute discretion. We reserve the right to terminate, suspend, cancel, deactivate, recall or revoke an exclusive membership offered at any time.
Where a selected individual has an exclusive membership with AIA Thailand, they are not eligible for discounts to their premium or any cash back which may otherwise be available under the AIA Vitality programme. However, an individual being granted an exclusive membership may choose to cease having the exclusive membership status, and apply for an AIA Vitality membership, and in which case, if accepted, that individual would be eligible to enjoy any discounts or cash back which may normally be available to other ordinary AIA Vitality members.
Without in any way limiting the termination rights of AIA Thailand or other rights contained in these terms and conditions or rights under rules, regulations, polices, procedures and other documentations relating to AIA Vitality programme, where a selected agent or a selected personnel of our business partner has been granted an exclusive membership, the exclusive membership will automatically be terminated on the occurrence of the earliest of one of the following applicable events: cessation of business; revocation of requisite license to distribute insurance products; cessation to be the agent or business partner (as the case may be) to distribute AIA Thailand insurance policies; retirement; death. AIA Thailand reserves the right, and retains the sole discretion, to terminate or suspend the exclusive membership at any time without the need to provide reasons.
Other terms and conditions shall continue to apply to exclusive memberships and other rules, policies or procedures applicable to exclusive memberships may be adopted, implemented, amended or varied by us from time to time.
9.7 Third party rights
These terms and conditions, Benefit content and other documentations issued by us relating to AIA Vitality programme are not intended to, and do not give any person who is not our member any right to enforce any of the provisions.
If any provision of these terms and conditions is prohibited by law or judged by a court or tribunal to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions, and shall not in any way affect any other circumstances of or the validity or enforcement of these terms and conditions.
No failure or delay by AIA Thailand in exercising any or enforcing any right, power or privilege shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.
9.10 Law and jurisdiction
These terms and conditions and the relationship between you and AIA Thailand are governed by Thailand laws. By joining the AIA Vitality programme, you agree to submit to the exclusive jurisdiction of the Thailand courts.
If this English version of the terms and conditions do not conform to the other language version, or there is any conflict in meaning between the English version and any version or translation in other language, the Thai version shall prevail. In the event of dispute, AIA Thailand reserves the right to final decision.
10. Definitions and Interpretation
In the terms and conditions, unless the context otherwise requires, the headings are inserted for convenience only and shall not affect the construction of these terms and conditions.
The following expressions have the following meanings:
|AIA Thailand, we, our, us||Refers to AIA Company Limited and/or where appropriate, its related bodies corporate and affiliates|
|AIA Vitality member||As set out in clause 4 of these Terms and Conditions.|
|AIA Vitality programme||The AIA Vitality programme offered and administered by AIA Thailand. The AIA Vitality programme is the science-backed health and wellness programme, encouraging you to get healthier and gain rewards. The AIA Vitality programme's proven approach takes you on a personal pathway to better health: you get to know your health, learn how to improve your health and enjoy the rewards when you do.|
|AIA Vitality website||The AIA Vitality website at aiavitality.co.th and/or our AIA Vitality portals|
|AIAV PICS||Refers to the AIA Vitality Personal Information Collection Statement. In order to provide AIA Vitality members with its services and benefits under the AIA Vitality programme, it shall be necessary for AIA Thailand to collect, use and share certain personal data about you. The AIA Vitality Personal Information Collection Statement provides you with notice as to why your personal data is collected, how it is intended to be used, to whom your personal data may be provided, from whom your personal data may be collected and how to access, review and amend your personal data, in connection with AIA Vitality programme. This statement will be provided to you on or before collection of your personal data (and also from time to time) in an appropriate format and manner.|
|Benefits||Refers to discounts, exclusive offers, cash back rewards, and other benefits relating to goods and/or services offered by our partners from time to time and available to AIA Vitality members through the AIA Vitality programme.|
|Benefit contents||A content setting out the use of and access to a benefit on AIA Vitality website|
|Business Partner||Brokers, independent financial advisors and AIA Thailand’s bank partners|
|Card Replacement Fee||A fee chargeable for replacement of lost or damaged card.|
|Corporate Solutions Policy||Refers to a single master (group) insurance policy issued by AIA Thailand to insure the lives or health of a specific group of people, such as a group of employees.|
|Membership year||The 12-month period starting from the commencement of your AIA Vitality membership. Exceptions to this duration shall be clearly notified by AIA Thailand|
|Partners||Means a retailer, association, or any other person, entity, firm or corporation who offers products or services or benefits as awards in the AIA Vitality programme and who permits the accrual of AIA Vitality points to AIA Vitality members who utilize their products or services. The partners are separate and independent persons or entities from AIA Thailand.|
|Partner Benefits||Refers to discounts, rewards, benefits, incentives, cash back, goods and/or services available to members through AIA Vitality offered by our Partners|
|Partner Cash Back||Discounts you may be entitled to with certain partners which may be distributed in the form of electronic funds transfer or cheque or coupons or vouchers or other methods, whether conditional or otherwise, as may be determined by us from time to time and at our sole discretion.|
|Points / AIA Vitality Points||The points awarded to an AIA Vitality member for doing certain healthy activities.|
|Policy Owner||The entity or person who contracts with AIA Thailand and owns the insurance policy.|
|Status / AIA Vitality Status||The member status level on AIA Vitality programme that a member can achieve in accordance with the number of points he/she may have earned and accumulated during a membership year. Status levels are Bronze, Silver, Gold and Platinum. AIA Vitality members start on Bronze and may progress through the levels to Platinum as they earn points while engaging in healthy activities.|
|Status Thresholds||The minimum points an AIA Vitality member must earn and accumulate each membership year before moving to a particular Vitality status.|
|You, your||Refers to a living individual who has applied and been granted membership in AIA Vitality programme.|