Terms of VIV PASS

These Terms and Conditions form the agreement between you on one part and Live4Well on behalf of itself and the Gymetaverse Company Limited (together referred to as “we” or “us”), on the other part. From time to time we will have Our Partners to join the Program offering you more rewards and targeted offers.

 

 

1. About VIV PASS

1.1. VIV PASS is a customer loyalty program operated by Live4Well.

1.2. These Terms and Conditions are last updated on the Effective Date.

 

2. Definitions

Under these Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:

 

2.1. “Cash Voucher” means cash voucher or discount to be redeemed by you using your Sweat Points ( Reward Points ), including any cash voucher in electronic format.

 

2.2. “Effective Date” means 18 June 2024.

 

2.3. “Kiosks” means the member privilege kiosks located in the Retail Outlets for facilitating the Program.

 

2.4. “Member” means a member of the Program.

 

2.5. “Live4Well App” means the mobile application of the Program.

 

2.6. “VIV PASS id” refers to the membership id number.

 

2.7. “VIV PASS QR Code” is a virtual membership QR code issued through the Live4Well App to enjoy various benefits under this program.

 

2.8. “Live4Well” collectively means:

Gymetaverse Company Limited

Gymetaverse Ptd. Limited

 

2.9. “Live4Well Customer Hotline” the hotline number is available on the Program’s Website or Live4Well App.

 

2.10.“Net Purchase Amount” means the net amount paid for a purchase transaction at any Retail Outlets, excluding the value of any Cash Voucher, cash coupon or other discount used in the transaction.

 

2.11. “Our Stores” include Marketplace website, Live4Well App in-app marketplace and other store formats Live4Well may operate from time to time (whether online or offline).

 

2.12. “Partners” means merchants other than us of Retail Goods or Services, who join the Program offering rewards, discounts, benefits and targeted offers to our Members.

 

2.13. “Program” means the VIV PASS Program as described in paragraph 1.1.

 

2.14. “Program's Website” www.live4well.io.

 

2.15. “Redemption Voucher” means voucher to be redeemed by you by using your Reward Points for redeeming specified products.

 

2.16. “Retail Goods or Services” means sales of goods or provision of services in relation to any of the following (whether through physical or online channels): (a) food, water & beverages, restaurants, catering, groceries, household products, general merchandise, health & beauty, lifestyle, pharmaceuticals, fragrance & cosmetics, baby products, wine and liquor, cigarettes and cigars, stationery, books and paper products, confectionary, toys, clothing, shoes, textiles, fashion accessories, bags & luggage, jewellery, watches, furniture, plants and accessories, office supplies, sports & leisure equipment, phones & mobile devices, electronics & electrical appliances, computer software and games, music, pet products, fuel, motor vehicle services and educational products and services; (b) financial, investment, insurance, banking and credit cards; (c) transportation, travel and accommodation; (d) sports, leisure, recreation and entertainment; (e) telecommunications products and services; (f) e-commerce (including trading and payment platforms and online auctions); and/or any anxillary or supplemental products and services..

 

2.17. “Retail Outlets” means Our Stores and Our Partners’ retail outlets.

 

2.18. “Sweat Points” means the standard benefit under the Program to be awarded to you when you make redemption at the Marketplace.

3. Creating and Managing Live4Well Accounts & VIV PASS membership

3.1. The Program is open to individuals aged 18 or above. If you are under 18 years and wish to become a Member, you will need your parent's or legal guardian's consent.

 

3.2. You must create a Live4Well Account to use the Live4Well Account Service. A Live4Well Account can only be created by users who fulfill the conditions of this Agreement as well as other terms and conditions specified by Live4Well from time to time. An application from a user to create a Live4Well Account may be denied in Live4Well's sole discretion. If, after the creation of a Live4Well Account, a user is found by Live4Well to have breached this Agreement, or Live4Well otherwise deems it necessary for the protection of its systems, services, or Users, Measures such as Suspension may be taken for that User. 

 

3.3 When creating your Live4Well Account, having agreed to the terms and conditions of this Agreement and other terms and conditions specified by Live4Well from time to time, you must provide Live4Well with truthful and accurate information in accordance with Live4Well Account Privacy Policy. If there is a mistake in your registered information, or if a change occurs to your registered information, you must promptly correct or change such information.

 

3.4 To join the Program, you need to input the required information through the Live4Well App. This includes providing a correct, valid, personally owned email to receive an email verification code. After entering the email verification code and successfully registering, you will be issued a VIV PASS membership and a membership number.

 

3.5. The registered email must be correct, valid, and owned by the individual registering the account. Registration with fake email is not accepted. Each member can only register one account with a single email. Any duplicate email registrations or individuals having multiple accounts will not be accepted. We reserve the right to immediately suspend or terminate the membership of such individuals and cancel all accumulated points and eligibility for redeeming any rewards, without prior notice.

 

3.6 You are responsible for managing your Live4Well Account and any associated Live4Well Accounts. You must not (a) allow third parties to use your Live4Well Account and any associated Live4Well Accounts unless otherwise permitted by Live4Well, (b) lend, assign, transfer, or sell your Live4Well Account and any associated Live4Well Accounts, or (c) access, or permit a third party to access, another person's Live4Well Account.

 

3.7 You must promptly notify Live4Well if you become aware that your Live4Well Account, including any associated Live4Well Accounts, has been used by any third party without your permission. Upon Live4Well's confirmation, Live4Well may suspend the use of such Live4Well Account or the password thereof or restrict the use of such Live4Well Account by the third party. Live4Well assumes no liability for any loss or damage incurred from the unauthorized use of your Live4Well Account and any associated Live4Well Accounts.

 

3.8. If we discover that any member has registered or used the program account with an email not owned by themselves, we reserve the right to temporarily suspend or terminate the membership of that member. In such cases, any unused points and unclaimed rewards may be cancelled without further notice.

 

3.9. We may decline your application under applicable circumstances as may be determined by us in our sole discretion.

 

3.10. Loss of record / Sweat Points under Live4Well account

 

1. a) If your Live4Well account malfunctions due to no fault of yours, you may recover your Sweat Points by contacting Live4Well Customer Service.

 

1. b) You should notify us immediately by mailling the Live4Well Customer Service if your Live4Well account has been used by others. We are not responsible for any loss (including but not limited to Sweat Points, eVouchers, eStamps, and eCoupons) suffered by you in relation to loss of your email, account and device.

 

1. c) Where applicable, in determining the available balance of Sweat Points to be recovered from the loss of your account, the records held by us shall be conclusive evidence of the available balance of Sweat Points.

 

1. d) We reserve the right not to re-issue your Sweat Points to you in case of lost / stolen email or other non-recoverable Live4Well account.

 

3.11. If you wish to cancel your Live4Well membership, you need to contact Live4Well Customer Service. Your Sweat Points will be forfeited upon cancellation.

 

4. Use of the Live4Well Account Service

4.1 You must use the Live4Well Account Service in accordance with all terms and conditions of this Agreement and other conditions prescribed by Live4Well from time to time.

 

4.2 Some Live4Well Account Services may not be available to you depending on your age, your usage environment, your equipment, your location or other factors. Live4Well shall not be liable if for any reason any or all of the Live4Well Account Services is/are not available to you.

 

4.3 If you change the country registration of your Live4Well Account, you must agree to the user agreement applicable to your newly-registered country. Certain Live4Well Account Services may be impacted if you change your country registration. Your use of the Live4Well Account Service or the exercise of rights and privileges in your possession, such as your points, may become disabled or void. Live4Well assumes no liability for any loss or damage incurred by you arising from these changes.

 

4.4 You are solely responsible for any costs or taxes associated with your access or use of the Live4Well Account Service, including but not limited to, Internet, data communication, or equipment charges or costs.

 

4.5 Any right or privileges in connection with the use of the Live4Well Account, such as the entitlement to receive Shopping Funds, points and the Live4Well Account Service, as well as any obligations in connection with the use of the Live4Well Account such as the amount payable for the services rendered by Live4Well under the Live4Well Account Service and any of the Customer's obligation in accordance with this Agreement, shall belong to the Customer who owns the relevant Live4Well Account. The Customer may not dispose of such rights, privileges and/or obligations to a third party in any way, such as by assignment, transfer, sub-contract or lending, whatever the reason may be or whether with or without consideration, unless otherwise provided by Live4Well.

5. Intellectual Property Rights

5.1 Live4Well and any third party that grants licenses to Live4Well retain all right, title and interest in and to the Live4Well Account Service, including without limitation, all patents, copyrights, moral rights, trademarks, trade names, product names, service marks and other proprietary or intellectual property contained therein (hereinafter referred to as "Intellectual Property Rights" unless otherwise explicitly stated).

 

5.2 Live4Well grants you a personal, non-exclusive, non-transferable, limited and revocable license to use the content(s) of the Live4Well Account Service solely to the extent necessary to use the Live4Well Account Service in accordance with the provisions under Article 3. Live4Well reserves all other rights in and to the Intellectual Property Rights.

 

5.3 Even if any indication or sign such as a name, a trademark, a logo or a service mark is displayed via the Live4Well Account Service, you do not acquire any right, title or interest in and to such indication or sign, and are not given any license to use the same.

6. Earning Sweat Points

Way to earn:

1. Submission of sports & wellness related purchasing invoice
2. Proof of participation in competition
3. Sports & Wellness related certificates / qualification
4. Daily challenge 
5. Check-in Mission
6. Mission Campaign
7. In-app Gamified Training
8. Referral

6.1  Submission of sports & wellness related purchasing invoice 

1. Each receipt with spending related to sports & wellness (including Gym Pass, sports gears, training equipment and supplements ) by payment (including but not limited to credit card / debit card / EPS / Octopus / Apple Pay / Google Pay / Samsung Pay / Alipay / WeChat Pay / PayMe / Cash / Bank Transfer ) made by a Member at a Qualifying Merchant ( Not only limited to Gym Aesthetics, 247 Fitness, Fit24, Anytime Fitness, World Gym, Puma, Adidas, Nike, Decathlon ) is eligible for Sweat Points registration.
2. Live4Well reserves the right in its sole discretion to change the Points earning rate at any time without notice.
3. Live4Well reserves the right in its sole discretion to change the categories and/or merchants of “Qualifying Merchant” at any time without notice.
4. Points registration must be conducted within thirty (30) days from the transaction date. Upon successful registration, Points will be credited to Members′ account within fourteen (14) working days of receipt′s image submission.
5. If Members use mobile electronic payment which does not provide payment slip, the related payment record must be presented. For in-App Points registration, screen capture of mobile electronic payment records is required. Photographing on a mobile screen is not acceptable for such registration.
6. Live4Well reserves the right at any time to request Members to submit the relevant original sales receipt and/or electronic payment slip and/or such further documents or evidence for verification purposes. As such, Members must retain all supporting documents for a period of twelve (12) months from the date of receipt submission. Live4Well shall have the right to request Members to present identification document and relevant document e.g Credit Card, in order to verify against the Member′s information in the record of the Programme shown on the Members′ mobile phone; take photos and/ or copy the above-mentioned receipt/slip, as well as remark on the sales receipt for internal audit purposes. If Members refuse to do so, Live4Well  shall have the right to decline Points registration. Live4Well reserves the right of final decision in case of any dispute. Sales receipts must be machine-printed and contain the name of the Qualifying Merchant, transaction date, receipt number/ time and transaction amount.
7. The following are not eligible for Points registration:
1. Revised, tampered, re-printed, duplicated, photocopied, handwritten, or damaged receipts.
2. Receipts for refunded, cancelled, tampered, pending approval, unbilled, incomplete or revoked transactions.
3. Transactions settled by cash vouchers, gift vouchers, merchants’ membership stored-value cards or merchants’ cash rebate programme.
4. Transactions between merchant and its personnel (including but not limited to shop owner and shop staff members).
5. Insurance and investment fee related transactions.
8. For payment by instalment, only the on-day actual amount paid will be counted for Points registration, the remaining unpaid amount will not be accepted for registration.
9. Live4Well has the right in its sole discretion to reject any receipts which it suspects do not comply with these Terms and Conditions, were forged, or were not issued for genuine transactions.
10. Live4Well reserves the right in its sole discretion to withhold or revoke Points earned from transactions which Live4well considers do not comply with any of these Terms and Conditions, were earned fraudulently, or were registered as a result of mistake or error.
11. The amount eligible for Points registration shall be the actual spending amount only (net amount after deduction of any discounts, privileged coupons, cash coupons and any Coupons). Tips are not eligible for Points registration and do not count towards the minimum spending requirement.
12. Live4Well reserves the right, in its sole discretion, to offer specified promotions or opportunities to Members to earn additional bonus Points or other benefits and/or to terminate, discontinue, change the terms of any offer, promotions or opportunities of earning Points.
13. Goods/services covered by receipts submitted for Points registration may not be refunded. If the underlying goods/services are refunded, the corresponding Points will be regarded as forfeited by the Member.
14. Eligible receipts may only be submitted for Points registration once. Receipts submitted for Points registration may not be re-used in conjunction with other promotions or redemption activities.
15. Points are not issued against payment of money, do not have any cash value and are not exchangeable for cash. Points may not be sold, purchased or transferred to other Members and non-members.
16. Apart from eligible spending at Qualifying Merchants, Members may also earn Points by taking the following actions:
1. Complete Entire Registration Form (including optional questions)
2. Successful Friend Referral and Points registration
3. Check in at Live4Well event

6.2 Proof of participation in competition

1. Each member participating in a sports related competition held by the Qualifying Organiser is eligible for Sweat Points registration.
2. The competition needs to be open and recognized.
3. Live4Well reserves the right to request more information and proven documents ( including but not limited to participation certificate, result record ).
4. Points registration must be conducted within thirty (30) days from the competition date. Upon successful registration, Points will be credited to Members′ account within fourteen (14) working days of receipt′s image submission.
5. Live4Well reserves the right in its sole discretion to change the Points earning rate at any time without notice.
6. Live4Well has the right in its sole discretion to reject any application which it suspects does not comply with these Terms and Conditions, were forged, or were not qualified.

6.3 Sports & Wellness related certificates / qualification

1. Each validating sports related certification issued within 2 years issued by Qualifying Organizer is eligible for Sweat Points registration.
2. Live4Well reserves the right in its sole discretion to change the Points earning rate at any time without notice.
3. Live4Well has the right in its sole discretion to reject any application which it suspects does not comply with these Terms and Conditions, were forged, or were not qualified.

 

6.4 Daily challenge

1. Health data access permission required.
2. Cheating is strictly prohibited and may result in disqualification if found.
3. Live4Well reserves the right to make the final decision.
4. Live4Well reserves the right in its sole discretion to change the Points earning rate at any time without notice.

 

6.5 Check-in Mission

1. The permission of camera & GPS is required.
2. Each check-in mission can only be completed once per day.
3. Cheating is strictly prohibited and may result in disqualification if found.
4. Live4Well reserves the right to make the final decision.
5. Live4Well reserves the right in its sole discretion to change the Points earning rate at any time without notice.

 

6.6 Mission Campaign

1. Members must click the “Join” button of each Mission campaign within the designated campaign period to participate. There are specific conditions for each campaign. Members can only join if they fulfill the criteria. Once either one of the criteria or conditions is not fulfilled, the member cannot participate in the Mission campaign.
2. These participation limits may vary depending on the campaign. Members are advised to carefully read the detailed rules of each campaign.
3. If a member’s condition for a specific Mission campaign allows for multiple participation rounds, the member must click the “Join” button again within the specified timeframe after completing the first round to be eligible to participate in the next round. Completing the first round does not guarantee participation in the next round. 
4. Members are allowed to participate in more than one round in some designated Mission campaigns. However, the eligible spending from the previous round will not be carried over to the next round. The next round of the campaign will recalculate the newly approved spending.
5. Members must fulfil the requirement under each campaign to complete the Mission before receiving the rewards. Some rewards will be automatically distributed to the member’s account, while some rewards must be redeemed manually. The distribution of rewards is subject to the mechanism shown under the description section of the corresponding Mission campaign.
6. There is a deadline for redeeming rewards from each completed Mission. Members must redeem their rewards before this reward redemption deadline. Unredeemed rewards after the deadline will be void without prior notice. The use of rewards is subject to the terms and conditions specified under the corresponding rewards. All rewards are non-refundable, non-transferrable, not for sale, non-exchangeable for Sweat Points, cash, cash coupon, gift certificate, coupon, products or services.
7. Upon successful Point registrations that meet the corresponding requirements, Mission progress will be automatically recorded in the joined Mission or campaign. If members’ record of a registered spending is cancelled, the previously accumulated Mission progress would automatically be revoked.
8. The Programme reserves the right to modify, suspend, or terminate any Mission or campaign at any time without prior notice. Participation in the Programme is subject to all applicable laws and regulations. The Programme is not responsible for any technical issues or failures that may affect participation or reward redemption.

6.7 In-app Gamified Training

1. Members are able to unlock the in-app gamified training program by upgrading to the VIV PASS ( Galaxy ) or binding the Live4Well Genesis Pass. 
2. Each member has a limited energy per day, and will refill half amount twice a day at 00:00 & 12:00 (UTC+8).
3. Each level required specific energies to start & result based on the performance.
4. Live4Well reserves the right in its sole discretion to adjust the level difficulty or reward rate at any time.
5. Cheating is strictly prohibited and may result in disqualification if found.
6. Live4Well reserves the right to make the final decision.

 

6.8 Friend Referral

1. Members may refer friends to join the VIV Pass Ecosystem, via inputting the referral code while registration.
2. Upon successful friend referral, Member and friend will each earn bonus Sweat Points upon confirmation that the friend has registered for the Live4Well App & became a member of VIV PASS, and has successfully conducted his/her first mission. 
3. Members may through the ecosystem interact with others who have registered as a member.  No communication shall contain any content that is obscene, libellous, in violation of any right of privacy, in contravention of any law or in any way considered by Sino as inappropriate.  Sino reserves the right to prohibit or remove any such contents from the chat log.

 

7. Handling of Customer Information

Personal information that you provided to Live4Well for the use of the Live4Well Account Service will be handled in accordance with the Privacy Policy.

 

8. Prohibitions

In using the Live4Well Account Service, you must refrain from (and not permit or otherwise facilitate a third party from engaging in) the following actions in connection with your use or access of the Live4Well Account Services:

(1) violating the terms and conditions of this Agreement, and/or other conditions prescribed by Live4Well from time to time;

(2) improperly creating multiple Live4Well Accounts;

(3) accessing or using a Live4Well Account belonging to another Customer without permission;

(4) registering or providing false information to Live4Well;

(5) violating any applicable law, regulation, court judgment, decision, order, or any legally enforceable administrative action in the area in which you access or use the Live4Well Account Service;

(6) violating public order or morals;

(7) attempting to defraud, abuse or intimidate Live4Well, other Customers or any third party, or attempting to interfere with any of their businesses;

(8) attempting to harass, cause trouble or any mental, economical or any other damage to Live4Well, other Customers or any third party;

(9) violating the Intellectual Property Rights, portrait rights, publicity rights, privacy rights, reputation, credit or other rights or interests of Live4Well, other Customers or any third party;

(10) interfering with, interrupting, destroying or limiting the proper working or the functionality of the Live4Well Account Service, including without limitation triggering or causing any bug or malfunction of the contents within the Live4Well Account Service, or conducting any act with the purpose of accessing or analyzing any source code of the Live4Well Account Service including without limitation any reverse engineering activities;

(11) unduly burdening Live4Well's servers or other systems;

(12) fraudulently controlling the Live4Well Account Service or purchasing Shopping Content by using a false name, cheats, automation software (bots), any other technical measure or any other dishonest methods;

(13) unduly accessing Live4Well or any third party's systems, rewriting or deleting information stored in Live4Well or any third party's facilities, or engaging in any other actions that hinder or affect the operation of the Live4Well Account Service;

(14) engaging in unauthorized advertising, publicity, or promotion in connection with the Live4Well Account Service (except for those specially permitted by Live4Well);

(15) conducting any acts with the purpose of obtaining any profit in relation to the Live4Well Account Service or Shopping Content that have not been expressly authorized by Live4Well (including without limitation acts of buying or selling items such as Shopping Funds or In-game Currency with or for real money);

(16) providing support to anti-social forces;

(17) impersonating Live4Well, other Customers or any real or imaginary third parties;

(18) conducting, encouraging or assisting in any criminal activities;

(19) violating any request, instruction or enforcement measure by Live4Well;

(20) sharing, transmitting or otherwise making accessible or viewable of the User Generated Content that falls under any one of the following, unless otherwise permitted by Live4Well:

(a) content which includes any violent, defamatory or discriminative expression;

(b) content which includes any political or religious statement;

(c) content which includes any obscene, indecent or sexual expression;

(d) content for the purpose of dating any other Customer(s);

(e) content which includes any individual's name, address, phone number, email address or any other contact or personal information;

(f) content which causes annoyance or any physical or mental damage to third parties including without limitation to excessive flash display or successional transmission of the same or similar information;

(g) linking, framing and/or otherwise directing to any websites or contents which include any of (a) to (f) above;

(21) taking any other actions that Live4Well considers inappropriate.

 

9. Measures such as Suspension

9.1 To the greatest extent permitted by law, Live4Well may, in its discretion, take Measures such as Suspension without any notification to you, if Live4Well determines that any of the following events have occurred:

(1) you breach any term of this Agreement or other conditions prescribed by Live4Well from time to time;

(2) you delay in performing or fail to perform any of your obligation owed to Live4Well;

(3) you are a minor, an adult ward, a person under curatorship, or a person under advisorship, not permitted to create a Live4Well Account or accept this Agreement, or you are a minor that wrongfully accepted this Agreement on your own or wrongfully obtained the acceptance of your legal representative, guardian, curator, or advisor;

(4) you failed to respond for a period of 30 days or more to an inquiry from Live4Well regarding your use or access of the Live4Well Account or other communication requiring a response;

(5) you are an anti-social force, or that you have some kind of interaction or involvement with anti-social forces, such as cooperation or involvement in maintaining, operating or managing anti-social forces though the provision or funds and other means;

(6) it is necessary for the operation, maintenance, or protection of the Live4Well Account Service;

(7) you commit other acts that Live4Well deems inappropriate.

 

9.2 If Measures such as Suspension are imposed on you in accordance with this Agreement, restrictions may be imposed on your use of the Live4Well Account Service and the Linked Services, on the Live4Well Account Device to which your Live4Well Account is linked, and/or on your exercise of rights pertaining to the User Generated Content, Shopping Content, Shopping Funds, your points and privileges, such as, for example, disabling or voiding your points.

If your Live4Well Account is associated with the other Live4Well Account, you may also be imposed with such restrictions due to the Measures such as Suspension taken against such other Live4Well Account.

Live4Well assumes no liability for any loss or damage arising from Measures such as Suspension.

 

10. Customer Responsibility

If a loss or damage arises in Live4Well in relation to the use of the Live4Well Account Service for reasons attributable to you, such as violation of this Agreement or other terms and conditions specified by Live4Well from time to time, you have the obligation to promptly indemnify Live4Well for such loss or damage.

 

11. Indemnification and Limitation of Liability

11.1 You acknowledge the following:

(1) Content and all other information provided through the Live4Well Account Service is provided "as is" with no warranty whatsoever, and to the greatest extent permitted by law, Live4Well makes no guarantee, warranty or representation whatsoever, whether express or implied, that such information is free from errors, bugs, flaws, or security defects, or that it does not infringe upon a third party's Intellectual Property Rights or other rights, or that it has the characteristics and commercial value that you expected, or that it conforms to any applicable laws, regulations or other rules. For the avoidance of doubt, nothing in this Agreement shall be construed as excluding or limiting Live4Well's liability for a breach of an implied term that it will provide the Live4Well Account Service with reasonable care and skill and within a reasonable time.

(2) To the greatest extent permitted by law, Live4Well takes no responsibility and assumes no liability for any loss or damage that you incurred in using the Live4Well Account Service. For the avoidance of doubt, nothing in this Agreement shall be construed as excluding or limiting Live4Well's liability for death or personal injury caused by its negligence.

(3) To the greatest extent permitted by law, Live4Well assumes no liability for any difficulties in relation to the interruption, delay, cancellation, or data deletion of the Live4Well Account Service arising from service or system outages, or any loss or damage due to unauthorized access to data.

(4) If a dispute with respect to the Live4Well Account Service arises between you and another Customer or you and a third party, including without limitation, the disputes arising from sharing the same Live4Well Account or having other user or any third party purchase Shopping Content, you must notify Live4Well and resolve the dispute as your own responsibility and at your own expense. Live4Well has no obligation to take part in any such dispute, and assumes no liability for it.

 

11.2 Despite the provisions of the preceding paragraph and other provisions of this Agreement, if there are causes attributable to Live4Well, Live4Well shall assume liability for damages. However, except where willful misconduct or gross negligence is found in Live4Well, even where the possibility of loss or damage was acknowledged, Live4Well is not liable to you for any damages beyond what is normally expected to occur including without limitation, any indirect, special, incidental, consequential or exemplary loss or damages.

 

11.3 Subject to main rules article 11.4, live4well's aggregate liability to you in connection with any claims arising out of or relating to the live4well account services and the linked services is limited to the lesser of (a) a total of 10,000 yen, or (b) the amount of costs/fees paid by you in connection with such claim during the month that the damage arose (if any).

 

11.4 If a law restricts our ability to limit liability or disclaim warranties, the limitations listed above may not apply to you. In that case, we limit our liability and disclaim warranties to the greatest extent permitted by law.

 

12. Change or Discontinuance of Service

12.1 Live4Well may change or make additions to all or part of the Live4Well Account Service without prior notice to Customers.

 

12.2 Live4Well may temporarily suspend all or part of the Live4Well Account Service without any prior notice, if any of the following causes occur:

(1) If the Live4Well Account Service server is overloaded or a fault occurs because of excessive access or other causes;

(2) In order to conduct regular or emergency maintenance related to the operation of the Live4Well Account Service;

(3) telecommunication services needed to access the Live4Well Account Service are not available for any reason;

(4) If it is difficult to provide the Live4Well Account Service because of accidents or incidents outside of Live4Well's control such as fire or power outages, or acts of God such as natural disasters;

(5) If operation of the Live4Well Account Service becomes impossible due to the imposition of applicable laws and regulations;

(6) Where Live4Well deems it necessary for similar technical or system reasons.

 

12.3 Live4Well assumes no liability for any loss or damage incurred by you arising from any action taken according to this Article 12.

 

13. Changes to this Agreement

13.1 Live4Well can make changes to this Agreement at any time. After changes are made, Live4Well will post the newest version of this Agreement on the Live4Well website, and, so far as the changes are necessary or helpful to enhance the Live4Well Account Service or to adapt it to reflect changes in technical or legal requirements, send you a notification by pop-up box message within Live4Well Account. The changes to this Agreement shall be effective as of the time of such posting. If you object to such changes, you may terminate this Agreement in accordance with Main Rules Article 14.1. When using the Live4Well Account Service, please check the newest version of this Agreement at all times.

 

13.2 To the greatest extent permitted by law, Live4Well assumes no liability for any loss or damage incurred by you arising from changes to this Agreement.

 

14. Termination of this Agreement

14.1 You may terminate this Agreement by deleting your Live4Well Account or by other methods prescribed by Live4Well from time to time, and if you take such action (including accidental deletion of the Live4Well Account), this Agreement shall be deemed terminated.

 

14.2 To the greatest extent permitted by law, Live4Well may, in its discretion, discontinue the provisions of the Live4Well Account Service and terminate this Agreement with any and all Customers, upon notification to Customers by posting on the Live4Well website or by other means that Live4Well deems appropriate.

 

14.3 You agree that the termination of this Agreement may result to a termination of this Agreement related to any associated Live4Well Accounts. You also agree that the termination of this Agreement related to the Live4Well Account associating with your Live4Well Account may result to a termination of this Agreement related to your Live4Well Account.

 

15. Prohibition of Assignment of Rights

15.1 Except where specified in this Agreement, you shall not assign, lend, or otherwise dispose of your rights and obligations under this Agreement.

 

15.2 When you transfer a Live4Well Account Device to any third party regardless of whether or not a consideration is received, you must go through the procedure(s) prescribed by Live4Well in the instructions provided with each Live4Well Account Device, including without limitation to delink all Live4Well Account(s) from the Live4Well Account Device and to reset and reinitialize the Live4Well Account Device.

 

16. Severability

Even if for some reason a provision of this Agreement becomes void or unenforceable, this shall not render any other part of this Agreement void or unenforceable. If a court deems a provision of this Agreement to be void or unenforceable, such provision shall be narrowly interpreted to the extent necessary for it to become valid and enforceable.

 

17. Applicable Law and Jurisdiction

17.1 These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the Hong Kong Special Administrative Region.

17.2 If there is any inconsistency or conflict between the English and Chinese versions, the English version shall prevail.

 

18. Others

18.1. As the Program operates through systems which rely on communication networks, electricity networks etc., which may be beyond our control, we cannot always ensure that the Program operates at all times. However we will make all reasonable efforts to ensure our system supports the operations in connection with the Program.

18.2. To ensure the security of your account, you should not share your account & wallet with others for their use.

18.3. We may provide you with new services associated with your membership under the Program from time to time, and these new services will be governed by these Terms and Conditions and the terms and conditions of the respective services.

18.4. If you breach or we have reasonable grounds to believe that you have breached these Terms and Conditions, we may suspend or terminate your account and seek to recover any damages that your breach may have caused to us or Our Partners.

18.5. You must not tamper with the data recorded in your Live4Well account in any way, which may be a criminal offence. We will not honour transactions and any benefits, including Reward Points, if your Live4Well account has been tampered with.

18.6. We have the right to claim and recover reasonable costs, expenses, losses and damages suffered or incurred by us or Our Partners as a result of your altering or interfering, or allowing a third party to alter or interfere, with the data in your Live4Well account.

18.7. We may make changes to these Terms and Conditions from time to time without prior notice to you. A copy of the latest version of these Terms and Conditions will be available on the Program’s Website and on the Live4Well App.