Terms of Use

Effective as of 1st May 2020

 

These terms of use (“Terms of Use”) are a legal agreement between you and LivWell Holding Company Pte. Ltd., a company incorporated in Singapore (registration number 201939936M) whose registered office is at 10 Anson Road #27-15, International Plaza, Singapore, 079903 (hereafter referred to as “LivWell”, “we” or “us” as the context may require) for the use of the LivWell mobile application (“LivWell App”) [and any website operated by LivWell (the “LivWell Website(s)”) including, without limitation, [http://livwell.asia/].

 

LivWell App gathers health data from your mobile phone and applications that you use so you can view all your progress in one convenient place. LivWell, through the LivWell App [or LivWell Website(s)], provides a platform where you as a user can check and track your personal fitness goals, earn rewards for achieving goals and seek health and fitness recommendations, including but not limited to, training class, lessons, food and drinks and other health and lifestyle services provided by the partners (“Services”). You desire to enter into this Terms of Use for the purpose of accessing and using the LivWell App. You acknowledge and agree that LivWell is an IT technology service provider that does not provide healthcare or fitness services.

 

LivWell permits you to use the LivWell App [and LivWell Website(s)] solely in accordance with these Terms of Use. LivWell retains ownership of the LivWell App [and LivWell Website(s)] at all times.  

 

 

  • Acceptance of Terms 

 

 

These Terms of Use set out important information regarding your rights and obligations in connection with the LivWell App [and LivWell Website(s)]. Please read them carefully. In particular, we draw your attention to the limitations of liability contained in Section 13.  

 

By creating an account or installing, accessing or using the LivWell App [or accessing the LivWell Website(s)], you acknowledge that you agree and accept to be bound by these Terms of Use.  IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE STRICTLY PROHIBITED FROM INSTALLING, ACCESSING OR USING THE LIVWELL APP [OR LIVWELL WEBSITE(S)].

 

These Terms of Use may be modified from time to time. We will notify such updates or changes to you by registered email, through the LivWell App, or by presenting you with a new version of these Terms of Use for you to accept if such modifications materially change your rights. Your continued use of LivWell App after the effective date of an updated version of the Terms of Use will indicate your acceptance of the Agreement as modified. 

 

 

  •   Medical Service Disclaimer

 

 

THE LIVWELL APP ALLOWS YOU TO TRACK AND VERIFY YOUR PHYSICAL MOVEMENT, GENERATE LIVWELL COINS AND USE LIVWELL COINS TO REDEEM GOODS, SERVICES AND OTHER BENEFITS. THE SERVICES WE PROVIDE DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, ANY FORM OF MEDICAL ADVICE OR OPINION. WE ARE NOT LICENSED MEDICAL PROFESSIONALS, AND WE ARE NOT IN THE BUSINESS OF PROVIDING MEDICAL ADVICE. YOU SHOULD ALWAYS CONSULT A QUALIFIED AND LICENSED MEDICAL PROFESSIONAL PRIOR TO BEGINNING OR MODIFYING ANY DIET OR EXERCISE PROGRAM. THE LIVWELL APP IS NOT A TOOL FOR THE DIAGNOSIS OR PREVENTION OF DISEASE. WE DO NOT ENDORSE ANY THIRD PARTY PRODUCTS OR SERVICES LISTED ON THE LIVWELL MARKETPLACE AND, WHERE THESE RELATE TO YOUR HEALTH, YOU SHOULD ALWAYS TAKE APPROPRIATE MEDICAL ADVICE BEFORE USING THEM. YOUR USE OF THE LIVWELL MOBILE APP DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND LIVWELL. 

 

 

  • The licenses granted to you for the use of the LivWell App [and LivWell Website(s)]

 

 

LivWell and its licensor grant you a non-exclusive, non-transferable, revocable license to install, access and use the LivWell App [or LivWell Website(s)], and any updates to it provided by LivWell from time to time, in object code form for your personal use only on a compatible mobile device owned or controlled by you in accordance with these Terms of Use (the “Licenses”). All rights not expressly granted to you are reserved by LivWell and its licensor.

                      

LivWell may terminate the Licenses granted under these Terms of Use at any time in its absolute discretion with or without notice to you. If you breach any provision of these Terms of Use such Licenses shall automatically terminate.  Where any of the Licenses are terminated, you agree to immediately cease using and accessing [the LivWell Website(s) and] LivWell App and to delete any copies of the LivWell App held by you. 

  

 

  • Rights to the LivWell App [and LivWell Website(s)] and their content

 

 

All intellectual property rights and other rights in or to the LivWell App [and LivWell Website(s)], and any content of either, made available by or on behalf of LivWell and its licensors, belong to and remain at all times with LivWell and its licensors. Save as expressly set out in these Terms of Use, you shall not obtain (i) any rights in or to our intellectual property rights or those of our affiliates, or (ii) any intellectual property rights and other rights in or to the LivWell App or LivWell Website(s) or any contents of either.LivWell” is the trading name of LivWell and we hold unregistered trademark rights in respect of this name.

 

 

  •   Limited License to LivWell App

 

 

The LivWell App [and LivWell Website(s)] are licensed and not sold under these Terms of Use. The only rights granted to you in relation to the LivWell App [and LivWell Websites(s)] under these Terms of Use are the Licenses described in Section 1 of these Terms of Use and no transfer of ownership or right to access or use any source code related to the LivWell App [or LivWell Website(s)] is granted by us.

 

All rights, title, and interest in and to LivWell App not expressly granted in these Terms of Use are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to Admin@LivWell.asia.

 

Where you submit to the LivWell App, or the LivWell App automatically collects any content whatsoever, including without limitation your height, weight, gender, heart rate, steps, or calories (“Content”), you retain all intellectual property rights that you hold in such Content. 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 communicate such 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 to indemnify the Company and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with the terms described in this Agreement. No Content, except which provided to the Company by you for Account registration purpose as stated in Section 8 of this Terms of Use, will be shared or otherwise used for any other purpose without your consent.


The Company reserves the right to review all Content prior to submission to LivWell App and to any media for any reason, at any time, without prior notice, at our sole discretion.

 

To avoid any doubt, LivWell owns all the text, images, photos, audio, video, location data, and all other forms of data or communication that LivWell creates and makes available in connection with the LivWell App, including but not limited to visual interfaces, interactive features, graphics, design, compilation of Content, and the compilation of aggregate user review ratings and all other elements and components of the LivWell App, excluding Content (as defined above). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to LivWell App and LivWell’s Content are retained by us.



 

  • User Age Restrictions

 

 

You should be aware that the LivWell App [and LivWell Website(s)] is/are not intended for use by children under the age of 15. If you are below the age of 18, you must have obtained the consent of your legal guardian to your use of LivWell App [and LivWell Websites(s)]. By using the App, you confirm that your parent or guardian has so reviewed and accepted this Agreement. If we discover that any unauthorized use is taking place, we reserve the right to terminate immediately any relevant user account(s) facilitating such use in our discretion. If you are aware of anyone that does not comply with these limitations, please contact us at Admin@Livwell.asia and we will take steps to delete or terminate his/her account.

 

 

  • Use of LivWell App

 

Registration.  In order to use the LivWell App, you may be required to create or update an account (“Account”) and will be asked to provide certain personal information, which may include but not limit to your name, gender, birth date, phone number and e-mail address. This information will be held and used in accordance with our privacy policy, which can be found at https://www.livwell.asia/privacy-policy.html (“Privacy Policy”). You are responsible for all uses of your Account whether by you or a third party. You should ensure that you use your personal mobile number for verification of your account and a secure password (if applicable) for your Account and that the details of your password are kept confidential and secure at all times. To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorised use of your Account resulting from your failure to maintain restricted access to your mobile device or your mobile SIM card, the confidentiality or security of your user details or failure to use a strong password. Access to your account may become restricted in case of a loss of your control over the mobile number to which your account is registered. You agree that you will supply accurate and complete information to LivWell, and that you will update that information promptly after it changes.

 

Use.  Your Account logs details of all LivWell Coins (as defined below) generated by you and any transfers of LivWell Coins to or from your Account. Please review your LivWell Account regularly. If you identify any erroneous transaction or unexpected activity on your LivWell Account, or you believe that the security of your LivWell Account has been compromised, you must let us know as soon as possible.

Different membership levels may apply to the Accounts of different users and, depending on the membership level you hold, your entitlement to access functionality of the LivWell App or generate LivWell coins may vary.

 

When using the LivWell App on your mobile device, you acknowledge and agree that LivWell operates in the background of your mobile device, which in turn may have an impact to the battery life of such device.


The LivWell App stops generating LivWell Coins on your mobile device if you continuously do not open the LivWell App for 7 days. Generation of LivWell Coins restarts once you next open the app.

 

While using the LivWell App, you agree that you shall not:  

 

  1. seek to generate LivWell coins by any means other than your genuine physical movement meeting the eligibility criteria specified by LivWell from time to time and, in particular and without limitation, you shall not (i) simulate any such verified movement using artificial and/or mechanical means, (ii) enlist third parties to generate LivWell coins on your behalf (for the avoidance of doubt, however, you may receive transfers of LivWell coins from third parties using the functionality available within the LivWell App);

 

  1. copy, adapt, transmit, reverse engineer, decompile, disassemble, modify, sell the LivWell App [or LivWell Website(s)] or any content accessible on either, save as otherwise expressly permitted by these Terms of Use or the applicable law; 

 

  1. operate more than one Account;  

 

  1. use the LivWell App [or LivWell Website(s)] in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the LivWell App [or LivWell Website(s)];

 

  1. reproduce, frame, display or mirror the LivWell App [or LivWell Website(s)] other than as a necessary consequence of their normal operation by you;  

 

  1. infringe our intellectual property rights or those of any third party in relation to your use of the LivWell App [or LivWell Website(s)];

 

  1. transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the LivWell App [or LivWell Website(s)];

 

  1. use the LivWell App [or LivWell Website(s)] in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; 

 

  1. employ any technology that interferes in any way with the proper operation of the LivWell App [or LivWell Website(s)], including by blocking any advertising or promotions displayed thereon; or 

 

  1. collect or harvest any information or data from the LivWell App [or LivWell Website(s)] for any commercial purpose, save as otherwise agreed in writing by us.

 

If we discover any breach of this Section 7 by you, we may immediately suspend or terminate your access to the LivWell App and remove and delete any content from the LivWell App [or LivWell Website(s)] violating this Section 7.



 

  • LivWell Coins 

 

 

LivWell Coins” are units of exchange that users of LivWell App may generate through verified physical movement (e.g. steps). LivWell Coins may be used to redeem products, services and other benefits via LivWell App. You acknowledge and agree that LivWell Coins shall not be redeemed for cash from LivWell or any of its affiliates, unless we expressly agree otherwise with you in writing. LivWell Coins are not to be considered as cash or cryptocurrency.

  

All LivWell Coins are generated by the verified physical movement of users of the LivWell App with defined set of physical activities. LivWell Coins will never be generated by any other means. We reserve the right to destroy LivWell coins that we have reason to believe have been created by any other means and to suspend or disable any Accounts used in contravention of these Terms of Use. LivWell coins are provided against steps and calories burned by the user as registered via the phone linked to the App. No manual entry of steps or calories is allowed on the LivWell App.

 

We reserve the right and retain the absolute discretion to determine, and alter from time to time, the eligible forms of movement, movement verification algorithms and amounts of verified movement that must be undertaken by users in order to generate LivWell Coins using the LivWell App (for example, and without limitation, we may alter from time to time the verification algorithm or the number of verified steps required to generate a LivWell Coin). Details of eligibility criteria and the volumes of verified movement required to generate LivWell Coins from time to time are provided within the FAQ section of the LivWell App. Movement verification conducted by our algorithms is considered final and cannot be revised or reversed.

 

We may cap the maximum amount of LivWell Coins that users of the LivWell App may generate each day using the LivWell App. The applicable cap may vary depending upon the membership level of the relevant user or other criteria that we choose to apply, and we may alter such caps from time to time.  

We may from time to time impose LivWell-denominated charges for the use of the LivWell App or to enable specific functionality of the LivWell App. Where we do this, we will be entitled to deduct the applicable number of LivWell Coins from your Account required to meet the applicable LivWell-denominated charges and we may retain and use the LivWell Coins that we deduct for our own benefit. We will always be transparent about any applicable LivWell-denominated charges and details of any such charges are provided within the FAQ section of the LivWell App.

   

In order to illustrate, and without limiting our rights under the preceding paragraph, we may elect to impose a LivWell-denominated commission charge on the generation of LivWell Coins entitling us to deduct a proportion of the LivWell Coins that you generate. We may also impose recurring LivWell-denominated charges in relation to certain membership level categories. Details of any applicable rate of commission on LivWell Coins generation from time to time, and any LivWell-denominated charges applicable to the different membership levels are provided in the FAQ section of LivWell App.

  

We reserve the right to impose charges in relation to the use of LivWell App from time to time, which may be applicable to all or specific categories of users or to the use of specific functionality or services accessed via the LivWell App.  The currency and amount of any such charges may be determined by us in our absolute discretion.

 

The LivWell App allows you to send LivWell Coins to third party users of the LivWell App. Please ensure that you have verified the identity of the recipient of the relevant LivWell Coins before sending them.  We may make available functionality enabling the donation of LivWell Coins to charity.  

 

  • Updates to the LivWell App [and LivWell Website(s)]

 

 

LivWell reserves the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable your access to the LivWell App [and/or LivWell Website(s)], and/or (ii) alter the functionality or contents of the LivWell App [and/or LivWell Website(s)] with or without notice to you.

  

We may issue updates to the LivWell App from time to time. Depending upon the nature of the update, you may not be able to continue to use the LivWell App until you have downloaded the latest version of the LivWell App.

   

 

  • No Warranty

 

 

The LivWell App [and LivWell Website(s)] are provided “as is” and “as available” without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, or completeness of the LivWell App, [LivWell Website(s)] or the contents of any of them. LivWell does not warrant or undertake that use and availability of the LivWell App [and LivWell Website(s)] will be uninterrupted or error-free.  

 

TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE LIVWELL APP OR LIVWELL WEBSITE(S).  IF THIS EXCLUSION DOES NOT APPLY UNDER APPLICABLE LAW THE LIABILITY OF LIVWELL IN RELATION TO ANY SUCH WARRANTY SHALL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

 

  • Third Party Content

 

 

For your convenience LivWell may include in the LivWell App [or LivWell Website(s)] links to other sites on the internet that are owned or operated by third parties (“Third Party Websites”). You also agree that LivWell has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you.

 
The LivWell App and [LivWell Website(s)] may include content submitted by other users of the LivWell App and [LivWell Website(s)] (“Third Party Content”).  You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content.  

 

The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.

 

  •  Limitation of Liability

 

 

You acknowledge that the LivWell App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the LivWell App meet your requirements. To the maximum extent permitted under applicable law we have no liability whether in contract, tort (including negligence) or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with the LivWell App, [LivWell Website(s)] and/or this Agreement, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, the LivWell App [or LivWell Website(s)] or any inaccurate or incomplete content on either, or (iii) any loss, damage or other liability arising as a result of any reallocation of LivWell Coins by us.     

 

We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence up to the maximum aggregate limit of VND 2 Mio. 

 

We are not liable for either the quality of any services or products from third parties offer in form of rewards under rewards section on LivWell App or LivWell Website(s) which are consumed and used by members or consequence caused such consumption or using. For any grievances of these matters, please reach out to the third party providing the reward.

 

 

  • Advertising Services

 

 

Your attention is particularly drawn to section Uses Made Of The Information of this Terms of Use. Accordingly, we may provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. 

 

IF YOU DO NOT WANT PLATFORM TO USE YOUR PERSONAL INFORMATION FOR THE PURPOSES OF THE ABOVE ADVERTISING, YOU MAY REQUEST THAT PLATFORM STOPS SEND INFORMATION FOR THE ABOVE PURPOSES THROUGH THE RELEVANT TIPS PROVIDED IN PLATFORM’S ADVERTISEMENTS OR THE GUIDANCE PROVIDED IN SPECIFIC PRODUCTS AND/OR SERVICES 

 

 

  • General

 

 

We may assign or transfer our rights and obligations under these Terms of Use to a third party after receiving your prior written consent. You are not entitled to assign or otherwise transfer these Terms of Use without our prior written consent. Any attempt to do so without our consent will be void.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control.

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

Each of the provisions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

 

These Terms of Use and their subject matter and formation are governed by Singapore law. You and we both agree that the courts of Singapore will have non-exclusive jurisdiction to resolve any disputes under or in connection with these Terms of Use. 

 

In the event of any dispute arising out of or in relation to these Terms of Use, the parties shall first attempt to resolve the dispute amicably. If such dispute has not been resolved within thirty (30) business days from the date of declaration of dispute, either party may refer the dispute to the Singapore International Arbitration Centre (“SIAC”) for final resolution. The tribunal shall consist of one arbitrator. The language of the arbitration shall be in English.

 

 

  • Contact

 

 

In relation to any matters concerning the LivWell App [and LivWell Website(s)], including any feedback, questions, complaints or claims, please contact us via our iOS or Android application.