MOBILE APPLICATION END USER LICENSE AGREEMENT
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW.
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 by FWD [APP VERSION]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.
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 is encrypted.
ADDITIONAL TERMS FOR SPECIFIC SERVICES
|Health measurement and tracking||https://www.nuralogix.ai/terms-of-use||https://www.nuralogix.ai/privacy-policy|
|Health Score features||https://www.dacadoo.com/user-support/dacadoo-terms-conditions||https://www.dacadoo.com/user-support/dacadoo-terms-conditions|
|Mental wellbeing content||https://www.koahealth.com/legal/terms-and-conditions||https://www.koahealth.com/legal/privacy-policy|
APPSTORE'S TERMS MAY ALSO APPLY
You acknowledge and agree that these terms are not between you and the appstores where the App is downloaded from. You are solely responsible for any disputes or claims in relation to the terms of the appstores 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 to reflect changes in law or best practice or to deal with additional features which we introduce. Any changes to these terms will be made without providing notice to you and will be effective immediately upon being published. Your continuing to use the app will be deemed to be acceptance of the amended terms.
If you do not agree to the updated terms, you will not be permitted to continue to use the App and the Service 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.
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
- 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.
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 submit 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.
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.
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 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 Materials 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.
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.
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:
Business address: 13/F, 14 Taikoo Wan Road, Taikoo Shing, Hong Kong