and the contents and services available throughthem, as updated or added to from time to time.
In these Terms, we refer to our Site and theApp collectively as the “Service”. The Service is owned andoperated by LivWell Holding Company Pte. Ltd. (trading as LivWell), a companyincorporated in Singapore (registration number 201939936M) whose registeredoffice is at 10 Anson Road #27-15, International Plaza, Singapore, 079903 (“LivWell”,“we”, “our”, and “us”).
Please read these Terms carefully before youstart to use the Service, as they set out the legal agreement between LivWelland you for your use of the Service. By downloading, installing, using oraccessing the Service, you confirm that you accept these Terms and that youagree to comply with them. If you do not agree to these Terms, you must not usethe ServicYOUR PRIVACY
Please be aware that internet transmissionsare never completely private or secure and that any message or information yousend using the Service may be read or intercepted by others, even if there is aspecial notice that a particular transmission is encrypted.
ADDITIONAL TERMS FOR SPECIFIC SERVICES
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YOUR RIGHT TO USE THE SERVICE
LivWell grants you the right to do thefollowing provided you follow all of the rules in these Terms:
· download, install and use the App, and any updatesto it provided by LivWell from time to time, for your personal use only on acompatible mobile device owned or controlled by you;
· access and use free rewards and insurance programsset out to specific user cohorts; and
· access and browse the Site for your personal useonly,
The Licences are for your personal anddomestic use only. You must not use the Service for commercial, business orresale purposes.
To avoid any doubt, LivWell owns all the text,images, photos, audio, video, location data, and all other forms of data orcommunication that LivWell creates and makes available in connection with theLivWell App, including but not limited to visual interfaces, interactivefeatures, graphics, design, compilation of Content, and the compilation ofaggregate user review ratings and all other elements and components of theLivWell App, excluding Content (as defined above). Except as expressly andunambiguously provided herein, we do not grant you any express or impliedrights, and all rights in and to LivWell App and LivWell’s Content are retainedby us.
· USER AGE RESTRICTIONS
You should be aware that the LivWell App andLivWell Website(s) are not intended for use by children under the age of 15. Ifyou are below the age of 18, you must have obtained the consent of your legalguardian to your use of the App or Websites(s). By using the App, you confirmthat your parent or guardian has so reviewed and accepted this Agreement. If wediscover that any unauthorized use is taking place, we reserve the right toterminate immediately any relevant user account(s) facilitating such use in ourdiscretion.
If you are aware of anyone that does notcomply with these limitations, please contact us at Admin@Livwell.asiaand we willtake steps to delete or terminate his/her account.
· TERMINATION OF YOUR RIGHT TO USE THE SERVICE
LivWell may end the Licenses at any time andfor any reason (or no reason) by giving you at least fourteen (14) days’ noticethat the Licenses have ended.
We may also end the Licenses immediately ifyou break any provision of these Terms by ending your LivWell Account withoutnotice to you.
Where any of the Licenses are terminated, youmust immediately cease using and accessing the Service and delete any copies ofthe App held by you.
In order to use the App and earn LivWellCoins, you must create a LivWell Account. You are responsible for all uses ofyour LivWell Account whether by you or a third party. You should ensure thatyou use your personal mobile number and email for verification of your accountand a strong password (if applicable) for your LivWell Account and that thedetails of your password are kept confidential and secure at all times.
You must not select as your username a namethat you do not have the right to use, or another person’s name with the intentto impersonate that person. You must not transfer your LivWell Account toanyone else without our prior written permission.
Access to your LivWell Account can becomerestricted or even impossible if you lose control over the mobile number oremail to which your LivWell Account is registered.
Your LivWell Account logs details of allLivWell Coins generated by you and any transfers of LivWell Coins to or fromyour LivWell Account. Please review your LivWell Account regularly. If youidentify any erroneous transaction or unexpected activity on your LivWellAccount, or you believe that the security of your LivWell Account has beencompromised, you must let us know as soon as possible.
Different membership levels may apply toLivWell Accounts of different users and, depending on the membership level youhold, your entitlement to access functionality of the App or generate LivWellCoins may vary.
When using the App on your mobile device,LivWell will operate in the background of your mobile device, which in turn mayhave an impact to the battery life of such device.
The App stops generating LivWell Coins on yourmobile device if you do not open the App for a specific period of time.Generation of LivWell Coins restarts once you next open the App. For details onthe time frame please refer to our FAQ section (INSERT URL).
The App allows you to send your LivWell Coinsto other users of the App. Please ensure that you have verified the identity ofthe recipient of the relevant LivWell Coins before sending them.
EARNING LIVWELL COINS
“LivWell Coins” are units of exchange thatusers of the App may generate through verified physical movement (e.g. steps)only. LivWell Coins may be used to get certain benefits that are offered viathe App. LivWell Coins cannot be redeemed for cash from LivWell Holdings Ltd.or any of its affiliates, unless we expressly agree otherwise with you inwriting.
We reserve the right to destroy LivWell Coinsthat we have reason to believe have not been created by verified physicalmovement and to suspend or disable any LivWell Account used in such a way.
We reserve the right to destroy orredistribute LivWell Coins that we have reason to believe have been obtainedthrough fraud, for instance by defrauding another LivWell user, and to suspendor disable any LivWell Account used in such a way.
We reserve the right and retain the absolutediscretion to determine and alter, from time to time, the eligible forms ofmovement, movement verification algorithms and amounts of verified movementthat must be undertaken by users in order to generate LivWell Coins using theApp (for example, we may alter the number of verified steps required togenerate a LivWell Coin).
Details of current eligibility criteria andthe volumes of verified movement required to generate LivWell Coins areprovided within our FAQ (ADD URL). Movement verification conducted by the Appis considered final and cannot be revised or reversed.
We may cap the maximum amount of LivWell Coinsthat users of the App may generate each day using the App. The applicable capmay vary depending upon the membership tier of the relevant user or othercriteria that we chose to apply and we may increase or decrease such caps fromtime to time.
We reserve the right to impose charges inrelation to the use of LivWell App from time to time, which may be applicableto all or specific categories of users or to the use of specific functionalityor services accessed via the LivWell App. The currency and amount of any suchcharges may be determined by us in our absolute discretion.
Through the App, we also offer a “LivWellMarketplace”, which is used to acquire both discounts and rewards as wellas purchase access to physical or digital products.
This system is opered with codes (“SaleCodes”) that can be used to obtain benefits from third-parties (this mayinclude, but is not limited to discounts that can be used with retailers,websites or other services)(“Third-Party Benefits”). You may purchasethese Sale ****Codes with LivWell Coins on our LivWellMarketplace. Although the Sale ****Codes may allow you to obtainThird-Party Benefits, you are contracting directly with us when you spend yourLivWell Coins on the LivWell Marketplace to purchase Sale Codes.
You agree that LivWell Holdings Ltd. has noresponsibility for any Third-Party Benefits. You are contracting directlywith the relevant third party when you redeem or use your Sale Codes to acquireThird-Party Benefits and any redemption or use happens on third party websiteor apps that are not controlled by us. You agree that we have no control overand do not guarantee the quality, safety or legality of any Third-PartyBenefits, the truth or accuracy of their offers, or the ability ofthird-parties to provide any goods, services or other benefits offered. Save asotherwise expressly agreed with you, we and our affiliates do not act as agent,contractor, partner or any form of representative of the third-parties who’sThird-Party Benefits are promoted via the LivWell Marketplace. Our operation ofthe LivWell Marketplace should not be taken as an endorsement (express orimplied) of any goods, services or other benefits offered on it, nor of anythird-party.
Any redemption or use of the Sale Codes aresubject to any terms that are stated as part of the Sales Codes.
LivWell Holdings Ltd. is entitled to alter theselection of Sale Codes on offer, and the number of LivWell Coins required toredeem any such Sale Codes offered on the LivWell Marketplace, as well as tolimit the number of possible redemptions of any Sale Codes by any user or groupof users in its absolute discretion.
· PRIZE DRAWS
From time to time, LivWell may offer you thechance to enter into prize draws sponsored by one of our third-party partners.The name of the third-party partner will be identified when you enter the prizedraw and any specific terms relating to the prize draw. Each prize draw will besubject to our general prize draw terms.
· INSURANCE GRANTS
As part of our service, we may provide youwith free insurance (”Insurance Grants”). Insurance Grants shall beapplicable to all LivWell users, the terms under which these apply and thequalification of each LivWell user shall be at the sole discretion of LivWellHoldings Ltd.
The use of our App precludes the acceptance ofour occasional Insurance Grants. For details on how the conditions ofacceptance, please view the Insurance Grants Conditions page (ADD URL).
· INSURANCE & FINANCIAL PRODUCTS
Users are able to register for and purchaseinsurance and other financial products through our app. These products shall beapplicable specific terms & conditions, which shall be stated at the momentof purchase. Finalizing a purchase or registration shall make you bound tothose terms and conditions.
· INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in theService (including in the App and the Site) throughout the world belong to us(or our licensors) and the rights in the Services are licensed (not sold) toyou. You have no intellectual property rights in, or to, the Service other thanthe right to use them in accordance with these Terms.
“LivWell” is the trading name of LivWellHoldings Ltd. and we hold registered and unregistered trade mark rights inrespect of this name.
· USER CONTENT
You are solely responsible for any data, text,images, graphics and other content that you submit, post or display on or viathe Service ("Your Content").
We do not claim ownership of any UserContent. However, you grant to us a non-exclusive, worldwide,royalty-free, transferable, sub-licensable, perpetual license to use,aggregate, reproduce, publish, distribute, perform, adapt, amend, enhance and communicateand otherwise fully exploit Your Content for any purpose relating to theService and our business, at any time.
This may include, but not be restricted to,personal information such as your height, weight, gender, heart rate, steps, orcalories. By providing the Content, (a) you grant to us a non-exclusive,worldwide, royalty-free, transferable, sub-licensable license to use,reproduce, publish, distribute, perform, adapt, amend, enhance and communicatesuch Content from time to time for any purpose relating to the LivWell App,LivWell Website(s) and our business from time to time, and (b) you agree toindemnify the Company and its affiliates, directors, officers, and employeesand hold them harmless from any and all claims and expenses, includingattorneys’ fees, arising from the media and/or your failure to comply with theterms described in this Agreement.
You further agree that we are not responsiblefor, and do not endorse, Your Content or any data, text, images, graphics andother content that may be submitted, posted or displayed on or via the Serviceby another user (“Other User Content”) and that we do nothave any obligation to monitor, edit, or remove Your Content or any Other UserContent. However, we reserve the right, without obligation, to monitor,moderate, edit or remove any such content.
In general, we will only review Your Contentif it is relevant to an issue that we are investigating either as a result of aquery from you or another user, as a result of an appeal to an accountsuspension, or as a result of a technical problem with the Service. Youagree that we may access and use Your Content for this purpose.
You will make sure that Your Content isaccurate, complete, up-to-date, and in compliance with all applicable laws,rules and regulations.
You agree that Your Content must not:
(i) infringe any third party's copyrights orother rights (e.g., trade mark, privacy rights, etc.);
(ii) contain sexually explicit content orpornography;
(iii) contain hateful, defamatory, ordiscriminatory content or incite hatred against any individual or group;
(iv) exploit minors;
(v) depict unlawful acts or extreme violence;
(vi) depict animal cruelty or extreme violencetowards animals;
(vii) promote fraudulent schemes, multi-levelmarketing (MLM) schemes, get rich quick schemes, online gaming and gambling,cash gifting, work from home businesses, or any other dubious money-makingventures; or
(viii) break any law, rule or regulation.
You agree that you shall not:
· seek to generate LivWell Coins by any means otherthan your genuine physical movement meeting the eligibility criteria specifiedby LivWell from time to time and, in particular, you shall not (i) simulate anymovement using artificial and/or mechanical means, (ii) enlist third parties togenerate LivWell Coins on your behalf (however, you may receive transfers ofLivWell Coins validly generated by other users using the functionalityavailable within the App);
· copy, adapt, transmit, reverse engineer, decompile,disassemble, modify, sell the App or Site or any content accessible on either,save as otherwise expressly permitted by these Terms or applicable law;
· operate more than one LivWell Account; **
· use the Service in any unlawful manner, for anyunlawful purpose, or in any manner inconsistent with these Terms, or actfraudulently or maliciously, for example, by hacking into or insertingmalicious code, including viruses, or harmful data, into the Service;
· reproduce, frame, display or mirror the Serviceother than as a necessary consequence of their normal operation by you;
· infringe our intellectual property rights or thoseof any third party in relation to your use of the Service;
· transmit any material that is defamatory, explicit,offensive or otherwise objectionable on the Service;
· use the Service in a way that could damage,disable, overburden, impair or compromise our systems or security or interferewith other users;
· use the Service in any way that breaches any law orregulation, including any applicable export control laws, privacy laws or anyother purpose not reasonably intended by LivWell;
· employ any technology that interferes in any waywith the proper operation of the Service, including by blocking any advertisingor promotions displayed thereon; or
· collect or harvest any information or data from theServices for any commercial purpose, save as otherwise agreed in writing by us.
If we discover any breach of this Section 14by you, we may immediately suspend or terminate your access to the App andremove and delete any offending content from the Service.
CHANGES AND UPDATES TO THE SERVICE
LivWell reserves the right at any time in itsabsolute discretion to alter the functionality or contents of the Service withor without notice to you.
We may issue updates to the App from time totime. Depending upon the nature of the update, you may not be able to continueto use the App until you have downloaded the latest version of the App.
AVAILABILITY OF THE SERVICE
The Service is provided “as is” and “asavailable” with all faults. We do not guarantee that the Service, or anypart of it, will always be available or be uninterrupted. We may suspend,withdraw, discontinue or change all or any part of the Service without notice.You agree that your use of the Service is at your own risk. We will not beliable to you if the Service (or any part of it) is unavailable at any time orfor any period.
THIRD PARTY SERVICES
LivWell may include in its Services links toother sites or applications that are owned or operated by third parties (“ThirdParty Services”). You also agree that LivWell has no control over thecontent of Third Party Services and does not have any responsibility for anymaterial available on such Third Party Services nor for any use of or relianceon the contents of such Third Party Services by you. The fact that we maylink to a Third Party Service does not mean that we endorse it or the productsor services on it. In particular, where the Third Party Service relates toyour health, you should always take appropriate medical advice before using it.
LIMITATIONS OF THE SERVICE; NO MEDICAL ADVICE
The Service is provided for generalinformation and entertainment purposes only. It does not offer advice on whichyou should rely. You must obtain professional or specialist advice beforetaking, or refraining from, any action on the basis of information obtainedfrom the App. Although we make reasonable efforts to update the informationprovided by the App, we make no representations, warranties or guarantees,whether express or implied, that such information is accurate, complete or upto date.
The Service does not contain or constitute,and should not be interpreted as, any form of medical advice or opinion,diagnosis or treatment, and should never be used as a substitute for medical oremergency care. Your use of the Service does not create a doctor-patientrelationship between you and LivWell.
If you have a medical or mental healthemergency, or are taking actions that may cause harm to you or to others, youshould seek emergency treatment at the nearest emergency room or call anemergency help line.
We are not licensed medical professionals, andwe are not in the business of providing medical advice or in the practice ofmedicine. You should always consult a qualified medical professional prior tobeginning or modifying any diet or exercise program, and only your medicalprofessional can determine the right course of treatment for you and determinewhat is safe, appropriate and effective based on your needs.
We may change these Terms from time totime. Any changes we may make to these Terms in the future will be postedon the Site and App and, where appropriate, notified to you by email. Pleasereview this page frequently to see any updates or changes to these Terms.
From time to time we may make availableadditional terms or guidance in relation to the usage of the Service and, wherewe do this, you agree to comply with such additional terms or guidance that wemake available by continuing to use the Service.
OUR LIABILITY TO YOU
The Service has not been developed to meetyour individual requirements, and therefore it is your responsibility to ensurethat the facilities and functions of the Service meet your requirements.
We are only responsible for loss or damage yousuffer that is a foreseeable result of our breach of these Terms or ournegligence up to the maximum aggregate limit specified in the followingparagraph.
Our maximum aggregate liability to you inrespect of the Service (whether in contract, tort (including negligence),breach of statutory duty or otherwise) shall in no circumstances exceed the sumof five dollars (USD 5).
We do not exclude or limit in any way ourliability to you where it would be unlawful to do so. This includes liabilityfor death or personal injury caused by our negligence or for fraud orfraudulent misrepresentation.
To the maximum extent permitted by applicablelaw, we shall not be liable to you for any unauthorized use of your LivWellAccount resulting from your failure to maintain restricted access to yourmobile device or your mobile SIM card, the confidentiality or security of youruser details or failure to use a strong password.
Reliance on any information provided byLivWell or in connection with the LivWell Service is solely at your own risk.You are solely responsible for any decisions or actions you take based on theinformation and materials available through the Service.
We are not responsible for events outside ourcontrol. If our provision of the Service or support for the Service is delayedby an event outside our control then we will contact you as soon as possible tolet you know and we will take steps to minimize the effect of the delay.Provided we do this we will not be liable for delays caused by the event but ifthere is a risk of substantial delay you may contact us to end your contractwith us and receive a refund for any Service you have paid for but not received.
APP STORE REQUIREMENTS
You acknowledge and agree that theavailability of our App is dependent on the third party stores from which you downloadthe application, including Apple Inc.’s (“Apple”) App Store (the “AppleApp Store”) and Google LLC’s (“Google”) App Store (“Google Play”).
Through our App, you may purchase (“In-AppPurchase”) certain goods or features designed to enhance the performance ofthe Service. When you make an In-App Purchase, you are doing so through theApple iTunes service and you are agreeing to their respective Terms andConditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html.
We may transfer our rights and obligationsunder these Terms to a third party. We will always tell you in writing if thishappens and we will ensure that the transfer will not affect your rights underthe contract.
You are not entitled to transfer your rightsor your obligations under these Terms without our prior written consent.
Each of the provisions of these Terms operatesseparately. If any court or competent authority decides that any of them areunlawful or unenforceable, the remaining conditions will remain in full forceand effect.
These Terms and our agreement are governed bySingapore law. You can bring legal proceedings in respect of the Service in theSingaporean courts.
App Store Terms
Insurance Grant Terms
LivWell Holding Pte. Ltd. and its subsidiaries(“we”) are in the business of providing insurance products and services throughits app. This insurance grant condition policy (together with our terms ofuse https://www.livwell.asia/terms-of-use.html andany other documents referred to on it) sets out the basis on which we use thepersonal data collected from you or that you provide to us, to provide you withaccess to insurance products. Please read the following carefully to understandthe implications of using our app. By visiting http://livwell.asia/ ORlogging in and using LivWell App, you are accepting and consenting to thepractices described in this policy.
If you do not agree to these Terms, you mustnot use the Service.
1. Acceptance ofFree Insurance Policies
1.1. As a user of the App, you acknowledge andconsent to receiving free insurance policies due to milestones achieved. Thesepolicies are issued at the sole discretion of Livwell Asia and its affiliatecompanies and are subject to the terms and conditions outlined herein.
1.2. The issuance of free insurance policiesas milestone rewards depends on your active participation and achievement ofspecified milestones within the App. Milestones may include but are not limitedto completing certain tasks, reaching specific goals, or demonstratingconsistent engagement with the App.
1.3. You understand and agree that acceptanceof these free insurance policies does not require any additional payment orpremium from you. The policies are provided as a complimentary benefit and holdno monetary value.
2. Eligibilityand Coverage
2.1. The eligibility criteria, coveragedetails, and conditions of the free insurance policies will be communicated toyou within the App or through other channels of communication determined byLivwell Asia. These details are subject to change at Livwell Asia's discretion.
2.2. Livwell Asia reserves the right todetermine the duration of coverage and any limitations or exclusions associatedwith the free insurance policies. Such details will be made available to youprior to or at the time of receiving the policy.
2.3. You understand that the free insurancepolicies provided as milestone rewards are separate from any other insurancepolicies you may have purchased or subscribed to through Livwell Asia, itsaffiliated companies, or its partners.
3. Consent andData Usage
3.1. By accepting these Terms, you acknowledgethat you have provided your consent for Livwell Asia to use your personalinformation and data collected through the App or partners, such as but notrestricted to name, phone number, national ID, and biometric data, toadminister and facilitate the issuance of free insurance policies as milestonerewards.
3.2 By accepting these Terms, you have read& understood the insurance policy with terms as per the attachment sharedto your email whenever the policies are issued.
4. Terminationand Modification
4.1. Livwell Asia reserves the right tomodify, suspend, or terminate the free insurance policy milestone rewardsfeature, in whole or in part, at any time without prior notice or liability.
4.2. In the event of termination ormodification, any outstanding or unredeemed milestone rewards will beforfeited, unless otherwise stated by Livwell Asia.
5.1. These Terms constitute the entireagreement between you and Livwell Asia regarding the free insurance policymilestone rewards feature and supersede any prior agreements or understandings.
5.2. These Terms shall be governed by andconstrued in accordance with the laws of Vietnam. Any disputes arising out ofor relating to these Terms shall be resolved in the courts of Vietnam.