The Vealth.me (as defined below) app and its related technology, functionality and services (collectively, the "Services") are operated by Lunix Health Sdn Bhd (hereinafter referred to as "we", "us", or "our"). In these Terms (as defined below), "you", and "User" refers to any individual that uses and/or accesses the Services.
This Agreement, our Privacy Notice, and the other policies and information published or made available through the Services (collectively, the "Terms") are the terms and conditions on which we provide you with use of, and access to, the Services. The Terms tell you who we are, how we will provide the Services to you, what we expect from Users of the Services, what activities are permitted, and what activities are not permitted, on or in connection with the Services, what to do if there is a problem and other important information.
Please read these Terms carefully. By accessing or using the Services, you are entering into a binding legal agreement with us and are agreeing to these Terms. If you do not accept and agree to these Terms, you must not access or use the Services. If there is anything you do not understand in these Terms or the other policies and information published or made available through the Services, please contact us using the contact information below.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Services, subject to, and in accordance with, the Terms.
You are responsible for making all arrangements necessary for you to have access to the Services, including providing a compatible device, console or platform and Internet access. You are also responsible for ensuring that all persons who access the Services through your compatible device, console or platform and Internet connection are aware of these Terms, and that they comply with them in full at all times.
The Vealth.me App is a software application for, among others, recording, monitoring and analysing a User's exercise data and general health and fitness data, providing sports and wellness guidance and a limited-social interaction mobile application.
The Vealth.me App is intended for fitness and wellness purposes only and is not supplied for use in the diagnosis or treatment of disease or other conditions, or in the cure or prevention of disease. We do not make any representations or warranties to you in this regard.
This function allows you to edit your personal profile information such as your profile picture, nickname, gender, date of birth, height and weight.
This function allows the recording and display of your daily motion data and tracks your activities such as walking, running and cycling. If you wish to record this type of data, you must enable the location permission on your Device(s).
This feature, pair with certain wearable devices which is capable to carry out the storage of health and wellness related data such as sleep, heart rate and body fat as obtained from your wearable devices.
This function provides users with relevant sports and wellness information through the Vealth.me App.
This feature allows us to use app usage data and operation data of your devices for improving our services and user experience.
This service supports sharing of fitness and sleep data from your device to our database whereby you will be automatically added into our challenge modules. You can withdraw the authorisation to terminate the data sharing at any time.
You rely on the Vealth.me App and on Our Content solely at your own risk.
The Vealth.me App has not been developed to meet your individual requirements. It is therefore your responsibility to ensure that the facilities and functions of the Vealth.me App meets your requirements.
Our aim is to provide a means for you to track and monitor your own activity, for you to store data relating to your activities, and to provide you with helpful information on wellness. However, we make no warranty or representation of any kind about any Services or information achieving any results, nor do we warrant that the app or the Services are suitable for any particular purpose or for every User's needs.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Vealth.me App, nor are we liable if you record inaccurate data in the Vealth.me App. The Vealth.me App is not a medical or scientific application and the accuracy and reliability of the data collected and stored in the Vealth.me App will not be sufficient for medical purposes.
Use of the Vealth.me App does not relieve you of responsibility for your own wellbeing, and/or of the need for you to consult a medical professional for health issues. Please observe all warnings and safety notices that accompany the Vealth.me App.
The Vealth.me App is not intended to diagnose, treat, cure, monitor, or prevent any disease, or to determine the existence or absence of any medical or health condition and you may not use it for any of these purposes.
You agree that you engage in any training programmes presented on the Vealth.me App at your own risk.
Warning: Certain users may be at greater risk of injury or ill health. Consult your doctor prior to use if you have a medical, circulatory or heart condition, or have tendonitis or other musculoskeletal disorders.
You must treat your account information such as username and password as secret and confidential, and you must not share them with anyone else. We recommend you choose a strong password and keep it in a safe place. You are responsible for keeping your password safe and shall bear any losses and liability incurred as a result of providing your account information details to a third party.
If you think that someone else might be using your account login details, you must let us know immediately and change your password. You must not use anyone else's login details to access the Services nor allow any third party to use your login details to access the Services. You must take appropriate steps to protect your account information, computer, mobile phone, other mobile devices, and SIM card information to prevent unauthorised use by third parties.
By accessing and using the Services, you undertake and agree to do so in a legal and ethical manner and in accordance with the Terms. You hereby acknowledge and agree that you shall not use the Services to transmit material, or otherwise engage in any activity, that is dishonest, defamatory, tortious, harmful, obscene, offensive, bullying, harassing, scandalous, hateful, inflammatory, threatening, unlawful, profane, pornographic, invasive of privacy or otherwise objectionable in relation to your use of the Services including without limitation, anything that facilitates illegal activity, depicts sexually explicit images, promotes violence, is discriminatory, is illegal or which could or does cause damage or injury to any person or property, could give rise to any civil or criminal liability under applicable law, including, without limitation, any material that you are not entitled to post or transmit, or where such posting or transmission is in breach of any duty of confidentiality and/or third party intellectual property rights.
Except as expressly set out in these Terms or as permitted by applicable law, you hereby agree and undertake:
We and/or our licensors, retain all right, title and interest in and to the information (in any form including without limitation text, graphical, video and audio), images, icons, applications, designs, software, scripts, programs, copyright, trademarks, trade names, logos, and other materials and services available on or through the Services, including its look and feel (collectively, "Our Content"). You should note that Our Content is protected by copyright, trade mark, database rights, sui generis rights and other intellectual and industrial property laws (as the case may be), under national laws and international treaties. Your access and/or use of any of the Services does not transfer to you or any other person any ownership or other rights in or to the Services, or its content, unless specified otherwise in these Terms.
You may not make alterations, copies, extractions, modifications or additions to Our Content, or sell, copy, disseminate or license it, or misuse Our Content in any way. If you want to re-publish, extract, reproduce, disseminate or otherwise use any of Our Content, you must contact us in advance and obtain our prior written permission except if otherwise expressly provided in these Terms. This is without prejudice to any rights you may have under applicable mandatory laws.
We do not claim any proprietary rights of the text, data, files, images, photos, works of authorship, or any other materials which you upload, post, email or otherwise transmit to or via the Services (collectively, "Your Content"). You continue to retain all ownership and/or licence rights of Your Content. You are entirely responsible for Your Content. By transmitting Your Content on or through the Services, you represent and warrant that you are authorised to do so and our use of Your Content in accordance with the licence mentioned below does not violate any law or third-party rights.
You are responsible for backing up any important documents, data, images or other materials contained in Your Content. We do not guarantee or warrant that Your Content that you store or access through the Services will not be subject to inadvertent damage, corruption or loss, and we reserve the right to delete Your Content in accordance with these Terms.
To the extent any of Your Content contains personal data, we will use it in accordance with these Terms.
You acknowledge that we have no obligation to monitor your (or anyone else's) access to or use of the Services for violations of these Terms. However, we reserve the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms and to comply with applicable law or any order or requirement of a court, consent decree, administrative agency or other governmental body. We reserve the right at all times to determine whether Your Content is appropriate and in compliance with these Terms, and may pre-screen, move, refuse, modify and/or remove Your Content at any time, without prior notice and in our sole discretion, if Your Content is found to be in violation of these Terms or is otherwise objectionable.
We may communicate with you regarding the Services by electronic communications using information you provided during the creation or updating of your contact information. You agree that we may communicate with you by means of electronic communications regarding these Terms and any other matter relating to your access and use of the Services. E-mail and other methods of transmitting information over the Internet are subject to interference or scrutiny by third parties and should be independently verified. We cannot ensure security and privacy of such communications and all risk in transmitting such communications lies with you.
In order to provide a more robust service and help ensure the security of your transactions, we will collect and process your information and technical data in accordance with the terms herein.
The Services are for your sole use only and must not be used by any third party. You agree that we and our parents, subsidiaries, affiliates, officers, directors, employees, contractors, agents, third-party payment providers, partners, licensors and distributors (collectively "Related Parties") are not liable for any loss caused by any unauthorised use of the Services.
We and the Related Parties are not responsible for any loss, damage, or liabilities incurred to you, as a result of any maintenance or other support services for the Services. Your use of the Services may be interrupted, delayed or disrupted for an unknown period of time for reasons that cannot be controlled. The Related Parties will not be liable for any claim arising from or related to such interruption, delay, disruption or similar failure.
To the maximum extent permitted by applicable law in your jurisdiction, we and the Related Parties are not liable to you or to anyone else for any liability, loss, damages or compensation if you are unable to access or use the Services due to:
The Services are provided "as-is" and on an "as available" basis without any representation or endorsement of any kind. To the maximum extent permitted by applicable law in your jurisdiction, we and the Related Parties disclaim all warranties, conditions or other terms of any kind express or implied and make no guarantee, undertaking, representation or warranty: (a) in connection with the completeness or accuracy, reliability or timeliness of any of the content made available on or through the Services; (b) that Services or the server(s) it is hosted on is free from defects, errors, viruses, bugs or other harmful elements; (c) that any defects in the operation or functionality of any Services will be corrected; (d) in connection with the specific functions of the Services, the reliability, quality or accuracy of any information obtained by you as a result of your use or access of the Services; (e) in connection with the security or error-free nature of the Services; (f) in connection with the Services' reliability, quality, accuracy, availability, or ability to meet your needs, provide certain outputs or achieve certain results or outcomes. The Related Parties are not liable for any loss or damages caused in whole or in part by relying upon, using, or interpreting the Services or other information obtained through your (or any other person's) access and/or use of these Services.
To the maximum extent permitted by applicable law in your jurisdiction, your access and use of the Services is at your sole risk and we and the Related Parties expressly exclude all liability, loss or damages incurred by you, or any other person, whether in contract, tort (including negligence) or under any other theory, for any of the following: (a) loss of profits, loss of income, loss of revenue, loss of data or loss of goodwill; and (b) special, indirect or consequential loss or damage. The limitations and exclusions in these Terms will apply whether or not we have been advised of or should have been aware of the possibility of any losses arising.
If you are dissatisfied with any aspect of the Services at any time, your sole and exclusive remedy under the Terms is to stop accessing and using the Services. Without prejudice to the preceding restrictions, and to the maximum extent permitted by applicable law in your jurisdiction, in no event will our and/or the Related Parties' total aggregate liability to you or to any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort (including negligence) or under any other theory exceed RM100.00. You acknowledge and agree the disclaimers and limitations of liability expressed in these Terms are fair and reasonable.
To the maximum extent permitted by applicable law in your jurisdiction, you will hold harmless and indemnify us and/or the Related Parties from any claim, suit or action arising from or related to
This includes in each instance any liability, damages, expense, litigation costs and lawyer's fees arising from such claim, suit, or action, including any claim for negligence.
PLEASE NOTE: This means that if we are sued or you are sued by a third party because you breach these Terms or someone's rights connected with them, you agree to indemnify us against any financial or other losses, and that you shall not blame us for such indemnities.
You undertake and agree to promptly assist and co-operate as fully as reasonably required by us or any of the Related Parties in the defence of any such claim or demand. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
You can terminate the use of the Services by simply stop using the Vealth.me App and erase all data from your device from your mobile device's app settings.
Subject to applicable law, we may temporarily or permanently suspend, cancel, impose limits on or restrict your access to parts or all of the Services at any time, without assuming liability for any individual or third party. We will endeavour to provide notice to you before we do this. However, we may not provide prior notice to you, and may immediately, permanently or temporarily, impose limits on, cancel, suspend or restrict your access to parts or all of the Services:
We are constantly innovating, changing and improving the Services. We may add or remove functionalities or features, create new limits to the Services, or temporarily or permanently suspend or stop a Service.
We will endeavor to inform you within a reasonable amount of time in advance of any changes to the Services that will materially disadvantage our Users or materially limit the access or usage of Services. We may not tell you beforehand about modifications to the Terms or changes to the Services that do not materially disadvantage our Users or do not materially limit the access or usage of our Services. For changes to the Services that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to meet the timescales above and we will let you know about these as soon as practicable.
We can make changes to these Terms at any time and post additional specific terms, codes of conduct or guidelines that govern a particular part, parts or all of our Services to address the changes to the Services mentioned above. The most recent version of the Terms will be posted on the Services and you should regularly check for the most recent version.
If you continue to use the Services after the changes become effective, you will be deemed to have accepted those changes. If you do not agree to these changes, you must end your relationship with us by ceasing to use the Services. Any amendment, variation or modification to these Terms you purport to make shall not be binding on us.
The Terms and the documents incorporated by reference constitute the entire agreement between you and us with respect to your access and use of the Services.
The Services may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
The disclaimers, limitations and exclusions of liability, and indemnity provisions in these Terms survive indefinitely after the expiry or termination of the Terms.
The formation, interpretation and operation of this Agreement and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Malaysia. Except as otherwise provided by applicable law, you and we agree that the courts of Malaysia have exclusive jurisdiction to hear and determine any disputes, claims, actions or proceedings that may arise out of or in connection with this Agreement. However, this does not prevent us from instituting proceedings outside of Malaysia.
If you have any questions regarding these Terms, please contact us using the following information:
Email: support@Vealth.me.com
