Effective as of 1st May 2020
1) Acceptance of Terms
2) 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.
3) The licenses granted to you for the use of the LivWell App [and LivWell Website(s)]
4) Rights to the LivWell App [and LivWell Website(s)] and their content
5) Limited License to LivWell App
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.
6) 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 [email protected] and we will take steps to delete or terminate his/her account.
7) Use of LivWell App
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:
(a) 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);
(c) operate more than one Account;
(e) reproduce, frame, display or mirror the LivWell App [or LivWell Website(s)] other than as a necessary consequence of their normal operation by you;
(f) infringe our intellectual property rights or those of any third party in relation to your use of the LivWell App [or LivWell Website(s)];
(g) transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the LivWell App [or LivWell Website(s)];
(h) 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;
(i) 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
(j) 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.
8) 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.
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.
9) 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.
10) LivWell Care (LW Care) Products and Services Policy – LivWell Digital Co. Ltd. introduces customers, collect, and provide information for PVI South Insurance Company (PVI Insurance) to sign contracts, arrange the conclusion of insurance policies between PVI South Insurance Company (PVI Insurance) and customers, collect insurance premiums for Personal Accident Insurance of the PVI South Insurance Company (PVI Insurance) through all sales channels of LivWell Digital Co. Ltd., including but not limited to any mobile apps websites owned and developed by LivWell Digital Co. Ltd.
– The conclusion of insurance policies will be notified by email from PVI South Insurance Company (PVI Insurance) to insurance purchasers within 24 hours of insurance purchase via LivWell app.
– LivWell Digital Co. Ltd. will confirm the insurance policy approval via SMS as in the following example:
“Congratulations Nguyen Van A, your LivWell Care Personal Accident Insurance policy no 21/25/12/TNCN/P012382 has been issued. Please download LivWell App https://refer.livwell.asia/B5nS1zj0teb to check your policy information and contact us via email address [email protected] or 028 999 66 995 within 48 hours in case of any inaccurate information. Your coverage period shall start after 24 hours as from the time of this message.”
10.1) Cancel Policy
– The Insurance Purchaser may cancel at any time by notifying and confirming to the Insurer
– LivWell will confirm the insurance cancellation via SMS with content as below:
“Dear Nguyen Van A, Your LivWell care Personal Accident Insurance policy no 21/25/12/TNCN/P012382 is cancelled. Please reach out to LivWell care at email address [email protected] or 028 999 66 995 for more information. Love, LivWell”
10.2) Return and Refund Policy
– The Insurer may cancel this Policy/ Certificate of insurance by giving 30 days’ notice in writing to the Insurance Purchaser from the date of termination. In such event, the Insurer will return to the Insurance Purchaser the paid premium, less the pro-rata premium during the period, which the Policy had been in force.
– The Insurance Purchaser may cancel at any time by notifying and confirming to the Insurer, and the Insurance Purchaser shall in such event be entitled to receive return of premium, less the short- term premium for the period during which the Policy had been in force, provided that no claims have been made or payable to the Insured during the Period of insurance
Short term rates per period premium:
Up to 3 months: 30% of Annual Premium
Between 3 to 6 months: 60% of Annual Premium
Between 6 to 9 months: 90% of Annual Premium
Over 9 months: 100% of Annual Premium
10.3) Payment Policy
– LivWell members will view the Insurance information on LivWell App and then proceed to pay the premium. The Premium is fixed for the coverage which the member is looking for and keen to purchase.
– After the Premium payment is done, the LW Member policy is activated and is available to be viewed on the LivWell application.
– After the purchase, the LW Member will receive the email with a policy certificate and confirmation on the payment.
11) 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.
12) 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.
13) 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 not liable for either the quality of any services or products from third parties offer in form of rewards under the rewards section on LivWell App or LivWell Website(s) which are consumed and used by members or consequence caused by such consumption or use. For any grievances of these matters, please reach out to the third party providing the reward.
14) Advertising Services
IF YOU DO NOT WANT THE PLATFORM TO USE YOUR PERSONAL INFORMATION FOR THE PURPOSES OF THE ABOVE ADVERTISING, YOU MAY REQUEST THAT THE PLATFORM STOPS SEND INFORMATION FOR THE ABOVE PURPOSES THROUGH THE RELEVANT TIPS PROVIDED IN THE PLATFORM’S ADVERTISEMENTS OR THE GUIDANCE PROVIDED IN SPECIFIC PRODUCTS AND/OR SERVICES
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.
Updated on 6 June 2022.