MOBILE APPLICATION END USER LICENSE AGREEMENT

WHO WE ARE AND WHAT THIS AGREEMENT DOES

We, FWD Group Management Holdings Limited of 13/F, 14 Taikoo Wan Road, Taikoo Shing, Hong Kong, grant you a limited, non-exclusive, non-transferable, non-sublicensable license to you, to use:

  • Omne 1.0 mobile application software (App) and any updates or supplements to it; and
  • The service you connect to via the App and the content we provide to you through it (Service).

as permitted in these terms.

YOUR PRIVACY

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy unless you are using a specific service to which a different privacy policy applies, as set out below under the section titled Additional Terms for Specific Services. 

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission isencrypted.

ADDITIONAL TERMS FOR SPECIFIC SERVICES

Depending on your country of residence, and whether you are a customer of our insurance products, country specific provisions may apply. Please make sure to have read the entirety of these terms and conditions, as there may be special terms that apply to you.

In addition, the Services set out below will be governed by the following terms of use and privacy policies:

APPSTORE'S TERMS MAY ALSO APPLY

You acknowledge and agree that these terms are not between you and the app stores where the App is downloaded from. You are solely responsible for any disputes or claims in relation to the terms of the app stores that are not connected with the App or your use of the App.  

OPERATING SYSTEM REQUIREMENTS

This app requires a mobile or handheld device with a memory and operating system that supports the App. You are responsible for ensuring that your device has the adequate functions. 

HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON

In return for your agreeing to comply with these terms you may:

  • download or stream a copy of the App onto your device and view, use and display the App and the Service on such device for your personal purposes only.
  • provided you comply with the licence restrictions listed below, make one copy of the App for back-up purposes; and
  • receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

YOU MUST BE 18 TO ACCEPT THESE TERMS AND DOWNLOAD THE APP

You must be 18 years old or over to accept these terms and download the App.

YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App and the Service as set out above. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

CHANGES TO THESE TERMS

We may change these terms toreflect changes in law or best practice or to deal with additional featureswhich we introduce. Any changes to these terms will be made without providingnotice to you and will be effective immediately upon being published. Yourcontinuing to use the App will be deemed to be acceptance of the amendedterms. 

If you do not agree to theupdated terms, you will not be permitted to continue to use the App and theService and you must immediately cease using the App.

UPDATE TO THE APP AND CHANGES TO THE SERVICE

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)

Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. 

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The App or any Service may contain links to other independent websites or apps which are not provided by us. Such independent sites and apps are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites or apps, including whether to purchase any products or services offered by them.

LICENCE RESTRICTIONS

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except as strictly necessary to use them for their normal operation.
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

ACCEPTABLE USE RESTRICTIONS

You must:

  • not use the App or any 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, such as viruses, or harmful data, into the App, any Service or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  • not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.

OPEN SOURCE SOFTWARE

Certain software code incorporated into or distributed with the App or otherwise with the Services may be licensed by third parties under various "open-source" or"public-source" software licenses (Open Source Software). Notwithstanding anything to the contrary in these terms, the Open Source Software is not licensed under these terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.

USER CONTENT

During your use of the App and the Services you may provide or submit your personal data to us, including but without limitation to personally identifiable information and other data (such as your gender, age, weight,  height, etc.),  your name, email address, IP address, text or other information and materials, or create an account on the App (User Content).

You must ensure that the User Content provided by you at any time is true, accurate, up to date and complete and that any User Content submitted to us or via the App do not breach or infringe the intellectual property rights of any third party.  We do not own, control or endorse and we are not responsible and liable for your User Content. Our only right to your User Content is the limited license to it granted in these Terms.

You represent and warrant that (i) you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in these terms; (ii) your User Content will not violate any agreements or confidentiality obligations; and (iii) your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.

Your User Content is your responsibility. We may at any time edit or remove without notice any User Content posted on the App. You are solely responsible for maintaining copies of and replacing any User Content you post on the App.  

By making your User Content available on the App you hereby grant us a permanent, non- exclusive, transferable, sublicensable, worldwide, royalty-free, fully paid-up license to use, copy, modify, publicly display, publicly perform, reproduce, distribute, adapt, translate, create derivative works from, and distribute your User Content, in whole or in part, in any media in connection with operating, providing, developing and improving the Services and the App, including new services that we may provide in the future. All such use will, to the extent your User Content contains personally identifiable information, be in accordance with our Privacy Policy.

ACCOUNTS

You may be asked to create a personal account to access the Services.

You must provide true, accurate and correct information about yourself when completing the relevant registration of access. You are responsible for ensuring that your registration data remains true, correct and up to date. You will have to create a username and password upon completing the registration process. You are responsible for safeguarding the confidentiality of the password and you are fully responsible for all activities that occur under your password or account. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.

Your account information is personal to you and you are prohibited from permitting any other person to access or use your account. You will promptly notify us of any unauthorized use of your account or any other breach of security that you become aware of in relation to the App.

Your breach of these terms may result in us suspending, restricting or removing your access to the App immediately and without notice. We may also remove your account if you have not accessed the App for over 6 months.

ELECTRONIC TRANSMISSIONS

By accepting the receipt of electronic transmissions, you agree to have all records, including your current and future insurance related documents, provided to you in electronic form. 

These documents could include, but are not limited to:

Your insurance policy and all documents, notices and correspondence related to it; 

ID Cards, applications, amendments, questionnaires, disclosures, and reports;

Bills or any other correspondence related to payments;

Claim notices, disclosures, forms, and correspondence concerning claims that involve you;

Legally mandated policies, notices, and disclosures; and

Any other documents related to your insurance transactions with us.

We will use various methods to provide communications to you electronically, including via e-mail or through our website or app. You may need to log-in to access the information.

This consent, unless withdrawn, applies to all transactions between you and us but if you withdraw the consent, you will then be provided with records in paper form. A fee may apply.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are not responsible to you for foreseeable loss and damage caused by us. In no event will we be liable for any damages, including direct or indirect, special, punitive, incidental, or consequential damages, losses or expenses arising in connection with your use of the App or the Services or inability to use by any parties, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if we or our representatives are advised of the possibility of such damages, losses or expenses.

We do not exclude or limit in any way our liability to you where it would be unlawful, invalid, or unenforceable to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided for general information or for entertainment purposes only. They do 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 or the Service. We make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

No medical advice. Information and statements about our products or our Services are not intended to and should not be used to diagnose, treat, cure or prevent any disease or health condition. Content on our App is not intended to provide or substitute advice given by medical professionals, pharmacists or other health care professionals. Please contact your healthcare provider if you have any questions or concerns about your health. If we provide you with any measurements of physiological or psychological states, such as, heart rate, stress, blood pressure, are estimative measurements only and should not be treated as medical advice. These measurements should not be utilized for any medical purposes or t diagnose, treat, cure or prevent any disease or injury. Your use of the App does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and us.

No warranties. Without limiting the foregoing, we make no warranty or condition that (i) the Services in the App will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be effective, accurate or reliable, or (iv) the quality of any Services or materials purchased or obtained by you from the App will meet your expectations.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event.

INDEMNIFICATION

You agree to indemnify, defend, and hold us, our affiliates and our respective directors, officers, agents, representatives, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the App, your conduct in connection with the App or Services, your use of the App or the Services, your violation of these terms and conditions, or your violation of any rights of another person or entity. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

RELEASE

To the fullest extent permitted by applicable law, you release us, our affiliates and our respective directors, officers, agents, representatives, co-branders or other partners, and employees from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between you and the acts or omissions of third parties.

WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES

We may end your rights to use the App and Services at any time by suspending, deactivating or banning your account if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

We further reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) at any point in time, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation without your consent.

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

NO RIGHTS FOR THIRD PARTIES

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) of Hong Kong or otherwise, to enforce any term of this agreement.

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

If any court or relevant authority decides that any of the provisions of these terms are unlawful, the remaining paragraphs will remain in full force and effect.

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by Hong Kong law and you can bring legal proceedings in respect of the terms in the Hong Kong courts.

INCONSISTENCY IN WORDINGS

If there is any ambiguity or inconsistency between the English and other language versions of these terms and conditions, the English version will prevail.

SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

If you have any questions or feedback about these terms and conditions, please contact us at:

Email: groupenquiries@fwd.com
Business address: 13/F, 14 Taikoo Wan Road, Taikoo Shing, Hong Kong

Provisions Applicable to Japan residents

Notwithstanding the first paragraph (regarding foreseeable loss and damage) and the second paragraph (regarding cases where it would be unlawful to exclude our liability) of "OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU" above, the following provisions shall apply to you if you are a resident of Japan:

  • We will not be liable for any loss or damage in connection with the use of the App or the Services incurred by you, a resident of Japan, except in the case of our wilful misconduct or negligence.
  • In the event that you suffer loss or damage in connection with the use of the App or the Services due to our negligence (excluding gross negligence), we shall be liable only for direct and ordinary damages actually incurred by you, regardless of default, tort or other cause of claim, and the amount of compensation shall be limited to JPY 10,000.

Provisions Applicable To customers of FWD LifeInsurance Co., Ltd. Only (“Japan T&Cs”)

  • The insurance contracts and the insurance contract-related services are provided by FWD Life Insurance Co., Ltd. (“FWD Japan”) through the Omne by FWD application managed and operated by FWD Group Management Holdings Limited, a subcontractor of our company.
  • If you are a customer of FWD Japan’s products or services ("you” or ”user”), the Japan T&Cs apply to you.
  • In the event of any conflicts between the provisions of the terms and conditions andthe Japan T&Cs, the terms of these Japan T&Cs shall prevail in relation to the insurance contract-related services provided by FWD Japan via this App.
  • In using the insurance contract-related services provided by FWD Japan via the App, the terms and conditions shall continue to apply, and in addition, and for the purposes of the services provided by FWD Japan,  “We” or“ FWD Group Management Holdings Limited” in the general terms shall be readas  “FWD Japan” where it is not inconsistent with the Japan T&Cs. The App terms and conditions and the Japan T&Cs may be translated into English. In the event of conflict between the English and the Japanese versions, the Japanese version will prevail. By accepting these terms, you are deemed to be accepting the Japanese language version of the same.  
  • ·      Additional terms under “Acceptable Use Restrictions”: You must not fall under one of the following categories:
    a.     Anti-social forces (meaning organized crime groups,organized crime group members (including those who have ceased to be members of organized crime groups for less than five years), associate members of organized crime groups, companies affiliated with organized crime groups, and other anti-social forces).
    b.     If the person is found to be involved in providing funds, etc. or providing benefits to anti-social forces.
    c.     When it is recognized that the person is making unfair use of anti-social forces.
    d.     In cases where it is recognized that there is a socially reprehensible relationship with other anti-social forces.
  • Handling of personal data:
    a.     Users’ personal data obtained by FWD Japan will be handled in accordance with the FWD Japan Privacy Policy.
    b.     When using this service, the user shall submit the user's identity verification materials specified by the company via this App.
    c.     The user agrees that FWD Japan may provide the following customer information acquired by the FWD Japan through the use of the service to Liquid, Inc (hereinafter referred to as the "Provider"):
    i.     Personal information entered during the identity verification procedure
    ii.     Image of the face of the identity verification document taken during the identity verification procedure and text data extracted from the face image of the identity verification document
    d.    Purpose of use of personal information at the recipient
    i.     For the provision of services and associated functions, etc. by the provider.
    ii.    To carry out identity verification (identification authentication) and manage its contents and results.
    iii.     Improvement of existing products (machine learning,etc.) / Development of new products / Research and development of elemental technologies such as image analysis and new technologies, etc.
  • Account Management
    a.     Users are responsible for managing their IDs at their own risk, and are responsible for ensuring that they are not used by third parties, as well as for strictly managing their IDs to prevent unauthorized use.
    b.     If the Company confirms login by entering the ID , the Company will assume that the User himself/herself has used the Service.
    c.     If there is a risk that a communication device owned or managed by the user on which this application has been installed may be used illegally due to theft or loss, please ensure that the device is not used in order to prevent unauthorized use by a third party. The person shall promptly contact the communication service provider with which he or she has contracted and the Company.
    d.     If the user loses or forgets their ID, please follow the prescribed procedures from "If you have forgotten your customer ID, click here" on this app.
    e.     Users may not inherit, lend, transfer, buy or sell the right to use this service.
    f.      In this service, if the ID is used by a third party through no fault of the company, the company will not be responsible for any damage caused to the user as a result.
  • Additional terms under “Our Responsibility For Loss Or Damage Suffered By You”: We are not responsible to you for:
    a.    Damages due to leakage of user IDs, passwords, and other information due to unauthorized access etc. on communication channels.
    b.    Damages due to natural disasters or other force majeure (including all causes beyond our control, such as government orders,communication line failures, equipment failures, etc.)
    c.    Damages resulting from dispositions pursuant to Article 218 of the Criminal Procedure Code (seizure, search, and verification by warrant), the Act on Interception of Communications for Criminal Investigations, other dispositions based on court orders, or dispositions based on laws and regulations.
  • Governing Law
    a.     The insurance contracts are governed by Japanese law.
    b.     For any disputes that arise between the user and FWD Life Insurance Co., Ltd. regarding the insurance contracts, the Tokyo District Court shall have the exclusive jurisdiction of the first instance.
  • Support for the insurance service:
    For inquiries regarding the insurance service, please contact us below:
    FWD Life Insurance Co.,Ltd.
    0120-220-656