These Terms of Use (the “Terms”) tell you the terms on which you may make use of:
and the contents and services available through them, as updated or added to from time to time.
In these Terms, we refer to our Site and the App collectively as the “Service”. The Service is owned and operated by LivWell Holding Company Pte. Ltd. (trading as LivWell), a company incorporated in Singapore (registration number 201939936M) whose registered office is at 10 Anson Road #27-15, International Plaza, Singapore, 079903 (“LivWell”, “we”, “our”, and “us”).
Please read these Terms carefully before you start to use the Service, as they set out the legal agreement between LivWell and you for your use of the Service. By downloading, installing, using or accessing the Service, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Service YOUR PRIVACY
We only use any personal data we collect through your use of the Service in the ways set out in our privacy policy (INSERT LINK), unless you are using a specific service to which a different privacy policy applies, as set out below in Section 3.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
ADDITIONAL TERMS FOR SPECIFIC SERVICES
In addition, the services set out below will be governed by the following terms of use and privacy policies:
Service
Web address of terms of use
Web address of privacy policy
Apple App Store
https://www.apple.com/legal/privacy/en-ww/In-App Purchases
https://www.apple.com/legal/privacy/en-ww/
Google Play Store
https://play.google.com/about/play-terms/index.html
https://policies.google.com/privacy?hl=enGoogle Payments
YOUR RIGHT TO USE THE SERVICE
LivWell grants you the right to do the following provided you follow all of the rules in these Terms:
· download, install and use the App, and any updates to it provided by LivWell from time to time, for your personal use only on a compatible mobile device owned or controlled by you;
· access and use free rewards and insurance programs set out to specific user cohorts; and
· access and browse the Site for your personal use only,
(the “Licences”).
The Licences are for your personal and domestic use only. You must not use the Service for commercial, business or resale purposes.
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.
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) 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 the App or 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.
· TERMINATION OF YOUR RIGHT TO USE THE SERVICE
LivWell may end the Licenses at any time and for any reason (or no reason) by giving you at least fourteen (14) days’ notice that the Licenses have ended.
We may also end the Licenses immediately if you break any provision of these Terms by ending your LivWell Account without notice to you.
Where any of the Licenses are terminated, you must immediately cease using and accessing the Service and delete any copies of the App held by you.
Licensed Technology and Proprietary Rights
LivWell Digital Company Limited ("Company") operates under a licensed agreement with LivWell ("Licensor"). The Company hold exclusive licensing rights to use and implement the LivWell Application and its proprietary technology within Vietnam. These rights are conferred to us as per the licensing agreement, and the Company exercises them strictly in accordance with the terms set forth by the Licensor. All intellectual property rights related to the LivWell Application and its proprietary technology are retained by Licensor. Unauthorized use, distribution, or replication of this technology outside the scope of this license is prohibited and may result in legal action.
The Company is the licensed holder of the LivWell Application and its proprietary technology, as granted by Licensor. Under this license, the Company is authorized to use, distribute, and implement the LivWell Application and its associated technology exclusively within Vietnam. This licensing agreement permits the Company to operate the LivWell Application in accordance with the stipulations provided by the Licensor.
All rights to the LivWell Application, including but not limited to intellectual property, design, and operational processes, remain the exclusive property of Licensor. Any use of the LivWell Application or its proprietary technology beyond the boundaries of this agreement is strictly prohibited. Any unauthorized exploitation of these rights will be subject to legal proceedings as defined by applicable law.
By accessing or using the LivWell Application, you acknowledge and agree that these proprietary rights are reserved for the Company and are protected under the license granted by Licensor.
LIVWELL ACCOUNT
In order to use the App and earn LivWellCoins, you must create a LivWell Account. You are responsible for all uses of your LivWell Account whether by you or a third party. You should ensure that you use your personal mobile number and email for verification of your account and a strong password (if applicable) for your LivWell Account and that the details of your password are kept confidential and secure at all times.
You must not select as your username a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You must not transfer your LivWell Account to anyone else without our prior written permission.
Access to your LivWell Account can become restricted or even impossible if you lose control over the mobile number or email to which your LivWell Account is registered.
Your LivWell Account logs details of all LivWell Coins generated by you and any transfers of LivWell Coins to or from your LivWell 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 LivWell Accounts of different users and, depending on the membership level you hold, 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 may have an impact to the battery life of such device.
The App stops generating LivWell Coins on your mobile 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 on the time frame please refer to our FAQ section (INSERT URL).
The App allows you to send your LivWell Coins to other users of the App. Please ensure that you have verified the identity of the recipient of the relevant LivWell Coins before sending them.
EARNING LIVWELL COINS
“LivWell Coins” are units of exchange that users 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 via the 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 Coins that we have reason to believe have not been created by verified physical movement and to suspend or disable any LivWell Account used in such a way.
We reserve the right to destroy or redistribute LivWell Coins that we have reason to believe have been obtained through fraud, for instance by defrauding another LivWell user, and to suspend or disable any LivWell Account used in such a way.
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 App (for example, we may alter the number of verified steps required to generate a LivWell Coin).
Details of current eligibility criteria and the volumes of verified movement required to generate LivWell Coins are provided within our FAQ (ADD URL). Movement verification conducted by the App is considered final and cannot be revised or reversed.
We may cap the maximum amount of LivWell Coins that users of the App may generate each day using the App. The applicable cap may vary depending upon the membership tier of the relevant user or other criteria that we chose to apply and we may increase or decrease such caps from time to time.
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.
LIVWELL MARKETPLACE
Through the App, we also offer a “LivWell Marketplace”, which is used to acquire both discounts and rewards as well as purchase access to physical or digital products.
This system is operated with codes (“Sale Codes”) that can be used to obtain benefits from third-parties (this may include, but is not limited to discounts that can be used with retailers, websites or other services) (“Third-Party Benefits”). You may purchase these Sale ****Codes with LivWell Coins on our LivWell Marketplace. Although the Sale ****Codes may allow you to obtain Third-Party Benefits, you are contracting directly with us when you spend your LivWell Coins on the LivWell Marketplace to purchase Sale Codes.
You agree that LivWell Holdings Ltd. has no responsibility for any Third-Party Benefits. You are contracting directly with the relevant third party when you redeem or use your Sale Codes to acquire Third-Party Benefits and any redemption or use happens on third party website or apps that are not controlled by us. You agree that we have no control over and do not guarantee the quality, safety or legality of any Third-Party Benefits, the truth or accuracy of their offers, or the ability of third-parties to provide any goods, services or other benefits offered. Save as otherwise 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’s Third-Party Benefits are promoted via the LivWell Marketplace. Our operation of the LivWell Marketplace should not be taken as an endorsement (express or implied) of any goods, services or other benefits offered on it, nor of any third-party.
Any redemption or use of the Sale Codes are subject to any terms that are stated as part of the Sales Codes.
LivWell Holdings Ltd. is entitled to alter the selection of Sale Codes on offer, and the number of LivWell Coins required to redeem any such Sale Codes offered on the LivWell Marketplace, as well as to limit the number of possible redemptions of any Sale Codes by any user or group of users in its absolute discretion.
· PRIZE DRAWS
From time to time, LivWell may offer you the chance 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 prize draw and any specific terms relating to the prize draw. Each prize draw will be subject to our general prize draw terms.
· INSURANCE GRANTS
As part of our service, we may provide you with free insurance (“Insurance Grants”). Insurance Grants shall be applicable to all LivWell users, the terms under which these apply and the qualification of each LivWell user shall be at the sole discretion of LivWell Holdings Ltd.
The use of our App precludes the acceptance of our occasional Insurance Grants. For details on how the conditions of acceptance, please view the Insurance Grants Conditions page (ADD URL).
· INSURANCE & FINANCIAL PRODUCTS
Users are able to register for and purchase insurance and other financial products through our app. These products shall be applicable specific terms & conditions, which shall be stated at the moment of purchase. Finalizing a purchase or registration shall make you bound to those terms and conditions.
· INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Service (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) to you. You have no intellectual property rights in, or to, the Service other than the right to use them in accordance with these Terms.
“LivWell” is the trading name of LivWell Holdings Ltd. and we hold registered and unregistered trade mark rights in respect 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 via the Service ("Your Content").
We do not claim ownership of any User Content. 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 communicate and otherwise fully exploit Your Content for any purpose relating to the Service 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, or calories. 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.
You further agree that we are not responsible for, and do not endorse, Your Content or any data, text, images, graphics and other content that may be submitted, posted or displayed on or via the Service by another user (“Other User Content”) and that we do not have any obligation to monitor, edit, or remove Your Content or any Other User Content. However, we reserve the right, without obligation, to monitor, moderate, edit or remove any such content.
In general, we will only review Your Content if it is relevant to an issue that we are investigating either as a result of a query from you or another user, as a result of an appeal to an account suspension, or as a result of a technical problem with the Service. You agree that we may access and use Your Content for this purpose.
You will make sure that Your Content is accurate, 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 or other rights (e.g., trade mark, privacy rights, etc.);
(ii) contain sexually explicit content or pornography;
(iii) contain hateful, defamatory, or discriminatory 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 violence towards animals;
(vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
(viii) break any law, rule or regulation.
ACCEPTABLE USE
You agree that you shall not:
· 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, you shall not (i) simulate any movement using artificial and/or mechanical means, (ii) enlist third parties to generate LivWell Coins on your behalf (however, you may receive transfers of LivWell Coins validly generated by other users using the functionality available 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 any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service;
· reproduce, frame, display or mirror the Service other than as a necessary consequence of their normal operation by you;
· infringe our intellectual property rights or those of 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 interfere with other users;
· use the Service in any way that breaches any law or regulation, including any applicable export control laws, privacy laws or any other purpose not reasonably intended by LivWell;
· employ any technology that interferes in any way with the proper operation of the Service, including by blocking any advertising or promotions displayed thereon; or
· collect or harvest any information or data from the Services for any commercial purpose, save as otherwise agreed in writing by us.
If we discover any breach of this Section 14 by you, we may immediately suspend or terminate your access to the App and remove and delete any offending content from the Service.
CHANGES AND UPDATES TO THE SERVICE
LivWell reserves the right at any time in its absolute discretion to alter the functionality or contents of the Service with or without notice to you.
We may issue updates to the App from time to time. Depending upon the nature of the update, you may not be able to continue to use the App until you have downloaded the latest version of the App.
AVAILABILITY OF THE SERVICE
The Service is provided “as is” and “as available” with all faults. We do not guarantee that the Service, or any part 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 be liable to you if the Service (or any part of it) is unavailable at any time orf or any period.
THIRD PARTY SERVICES
LivWell may include in its Services links toother sites or applications that are owned or operated by third parties such as White Coat, Baolong Insurance, MoneySign, LiLac, Facial Scan (“Third Party Services”). You also agree that LivWell has no control over the content of Third Party Services and does not have any responsibility for any material available on such Third Party Services nor for any use of or reliance on the contents of such Third Party Services by you. The fact that we may link to a Third Party Service does not mean that we endorse it or the products or services on it. In particular, where the Third Party Service relates to your health, you should always take appropriate medical advice before using it. For the avoidance of doubt, LivWell bears no liability for any losses or damages resulting from your dealings with Third Party Service providers or advertisers accessible through our platform. Additionally, both LivWell and third parties may include links to other websites or resources, but LivWell does not endorse or take responsibility for the content or availability of these external sites or resources.
LIMITATIONS OF THE SERVICE; NO MEDICAL ADVICE
The Service is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided 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 or emergency care. Your use of the Service does not create a doctor-patient relationship between you and LivWell.
If you have a medical or mental health emergency, or are taking actions that may cause harm to you or to others, you should seek emergency treatment at the nearest emergency room or call an emergency help line.
We are not licensed medical professionals, and we are not in the business of providing medical advice or in the practice of medicine. You should always consult a qualified medical professional prior to beginning or modifying any diet or exercise program, and only your medical professional can determine the right course of treatment for you and determine what is safe, appropriate and effective based on your needs.
CONFIDENTIALITY
In your engagement with LivWell and use of its Services, you may gain access to proprietary information related to the Services and Third Party Services. This information is exclusively owned by LivWell and Third Party respectively and may encompass various elements such as service features, operational methods, trade secrets, know-how, inventions, techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, among others. With respect to this information, you are prohibited from using or disclosing this information without obtaining prior written consent from LivWell and respective Third Party, unless it becomes publicly available through no fault of your own. You are responsible for maintaining the confidentiality of this information and the Services and the Third Party Services.
CHANGES TO THESE TERMS OF USE
We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on the Site and App and, where appropriate, notified to you by email. Please review this page frequently to see any updates or changes to these Terms.
From time to time we may make available additional terms or guidance in relation to the usage of the Service and, where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use the Service.
OUR LIABILITY TO YOU
The Service has not been developed to meet your individual requirements, and therefore it is your responsibility to ensure that the facilities and functions of the Service meet your requirements.
We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence up to the maximum aggregate limit specified in the following paragraph.
Our maximum aggregate liability to you in respect of the Service (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall in no circumstances exceed the sum of five dollars (USD 5).
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorized use of your LivWell 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.
Reliance on any information provided by LivWell 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 the information and materials available through the Service.
We are not responsible for events outside our control. If our provision of the Service or support for the Service is delayed by an event outside our control then we will contact you as soon as possible to let 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 if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Service you have paid for but not received.
APP STORE REQUIREMENTS
You acknowledge and agree that the availability of our App is dependent on the third party stores from which you download the application, including Apple Inc.’s (“Apple”) App Store (the “AppleApp Store”) and Google LLC’s (“Google”) App Store (“Google Play”).
As a user of the Apple App Store, we are required to include certain legal terms in our Terms of Use, and these are set out in Attachment 1 to these Terms. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such Apple AppStore terms and conditions. To the extent such other terms and conditions from such Apple App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.
Through our App, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Service. When you make an In-App Purchase, you are doing so through the Apple iTunes service and you are agreeing to their respective Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html.
GENERAL
We may transfer our rights and obligations under these Terms to a third party. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You are not entitled to transfer your rights or your obligations under these Terms without our prior written consent.
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 inwriting, and that will not mean that we will automatically waive any later default by you.
Each of the provisions of these Terms 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 and our agreement are governed by Singapore law. You can bring legal proceedings in respect of the Service in the Singaporean courts.
Attachment 1
App Store Terms
Insurance Grant Terms
LivWell Holding Pte. Ltd. and its subsidiaries(“we”) are in the business of providing insurance products and services through its app. This insurance grant condition policy (together with our terms of use https://www.livwell.asia/terms-of-use.html and any other documents referred to on it) sets out the basis on which we use the personal data collected from you or that you provide to us, to provide you with access to insurance products. Please read the following carefully to understand the implications of using our app. By visiting http://livwell.asia/ OR logging in and using LivWell App, you are accepting and consenting to the practices described in this policy.
If you do not agree to these Terms, you must not use the Service.
1. Acceptance of Free Insurance Policies
1.1. As a user of the App, you acknowledge and consent to receiving free insurance policies due to milestones achieved. These policies are issued at the sole discretion of Livwell Asia and its affiliate companies and are subject to the terms and conditions outlined herein.
1.2. The issuance of free insurance policies as milestone rewards depends on your active participation and achievement of specified milestones within the App. Milestones may include but are not limited to completing certain tasks, reaching specific goals, or demonstrating consistent engagement with the App.
1.3. You understand and agree that acceptance of these free insurance policies does not require any additional payment or premium from you. The policies are provided as a complimentary benefit and hold no monetary value.
2. Eligibility and Coverage
2.1. The eligibility criteria, coverage details, and conditions of the free insurance policies will be communicated to you within the App or through other channels of communication determined by Livwell Asia. These details are subject to change at Livwell Asia's discretion.
2.2. Livwell Asia reserves the right to determine the duration of coverage and any limitations or exclusions associated with the free insurance policies. Such details will be made available to you prior to or at the time of receiving the policy.
2.3. You understand that the free insurance policies provided as milestone rewards are separate from any other insurance policies you may have purchased or subscribed to through Livwell Asia, its affiliated companies, or its partners.
3. Consent and Data Usage
3.1. By accepting these Terms, you acknowledge that you have provided your consent for Livwell Asia to use your personal information and data collected through the App or partners, such as but not restricted to name, phone number, national ID, and biometric data, to administer and facilitate the issuance of free insurance policies as milestone rewards.
3.2 By accepting these Terms, you have read& understood the insurance policy with terms as per the attachment shared to your email whenever the policies are issued.
3.2. Livwell Asia will handle your personal information and data in accordance with applicable laws and regulations governing data protection and privacy. For further details, please refer to our Privacy Policy.
4. Termination and Modification
4.1. Livwell Asia reserves the right to modify, suspend, or terminate the free insurance policy milestone rewards feature, in whole or in part, at any time without prior notice or liability.
4.2. In the event of termination or modification, any outstanding or unredeemed milestone rewards will be forfeited, unless otherwise stated by Livwell Asia.
5. Miscellaneous
5.1. These Terms constitute the entire agreement between you and Livwell Asia regarding the free insurance policy milestone rewards feature and supersede any prior agreements or understandings.
5.2. These Terms shall be governed by and construed in accordance with the laws of Singapore. Any disputes arising out of or relating to these Terms shall be resolved in the courts of Singapore.
These Terms of Use were last updated on 8 June 2024.