The "Mobile App" shall mean the software developed and provided by Manulife Financial Asia Limited (“MFAL”) to offer services related to the ManulifeMOVE program ("ManulifeMOVE"), administered and offered by MFAL or its associated companies (collectively termed herein as “Manulife”), to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the Mobile App.
2.1. All intellectual property rights (including but not limited to trademarks, service marks, trade names, company names, logos, icons, slogans, copyrights, domain names, patents, design rights, utility models, database rights, know-how, trade secrets and all other intellectual or industrial property rights and where such rights are obtained or enhanced by registration, any registration of such rights and the right to apply for such registrations and the right to claim priority) relating to this Mobile App or the contents of this Mobile App are the property of, or licensed to, Manulife.
Other than as expressly set out in these Terms and except as permitted by applicable law, nothing contained in the Mobile App should be construed as granting by implication, estoppel, or otherwise, any license or right to use any of such intellectual property rights without the written express permission of Manulife. Your use of such intellectual property rights or any other content on this Mobile App except as provided herein, is strictly prohibited.
2.2. Manulife hereby grants you a non-exclusive, royalty-free revocable license to use the Mobile App in accordance with these Terms. No other rights to the Mobile App are hereby granted expressly or by implication. All rights, including intellectual property rights in the software, shall remain the property of Manulife.
3.1. You will not, nor allow third parties to on your behalf (a) make and distribute copies of the Mobile App; (b) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Mobile App (including its contents); or (c) create derivative works of the Mobile App of any kind whatsoever.
3.2. Manulife reserves the right to amend or withdraw the Mobile App or charge for the Mobile App or service provided to you in accordance with these Terms, at any time and for any reason without prior notice.
3.3. The Mobile App is currently free but there may be charges incurred from your telecommunication service providers for data connection, data download, data rate plans, or roaming. You are responsible for any mobile data subscription, data transfer and other data costs, roaming charges or other fees that may be charged by your network service provider(s).
3.4. If you are not the payor of the bills incurred for the mobile or handheld device being used to access the Mobile App, you will be assumed to have received permission from such payor.
3.5. Manulife is also not responsible for any services through which you access the Mobile App or for any loss you may suffer as a result of you using such a service. You must comply with all the terms and conditions of such services and pay all the charges in connection with them. We recommend you to contact your network service provider(s) for information about the data transmission and other network service charges.
3.6. You are solely responsible for maintaining the confidentiality of your own passwords and account details (if applicable), including any activity records that occur under your account, regardless whether such records were made with or without your knowledge or authority. Manulife shall not be liable for any damage, loss or other liability incurred by you arising from any records of any kind whatsoever, resulting from the unauthorized use of accounts and passwords (if applicable) by any third parties.
However, you may be held liable for any damage, loss or other liability incurred by Manulife including, without limitation, for any breach of personal data privacy and confidentiality, wrongful or unauthorised use of your account and/or password. You shall report to Manulife immediately if you know or have reason to suspect that the security of your password and/or account may have been compromised or used by another person without authority.
3.7. The activity records maintained and/or transmitted through the Mobile App shall be deemed to be submitted by and binding on you. For the avoidance of doubt, Manulife retains the final discretion on the determination of any activity records and other such data.
3.8. Use of your account to access or use this Mobile App constitutes your agreement that any electronic records contained within the Mobile App shall be legally binding, and be admissible as original documents in any court of law. You hereby agree that you will not challenge or dispute the accuracy or authenticity of such records.
Notwithstanding the above, any health and wellness data received from the supporting trackers , including but not limited to Apple HealthKit, Samsung Health, Google Fit, Fitbit, MisFit framework will be used to help you track your health and wellness activities, provided such data will not be used or shared with third parties for the purposes of serving advertising.
5.1. You hereby agree to fully indemnify, defend and hold harmless Manulife from and against any and all damages, losses, liabilities, costs and expenses (including full legal costs) suffered by Manulife arising from or in connection with: (a) your access to or use of the Mobile App, including your submission of any material through the Mobile App; (b) any other party's access to or use of this Mobile App using your account and/or password; (c) your breach of any of these Terms; or (iv) any other party's breach of any of these Terms where such party was able to access or use this Mobile App using your account and/or password.
5.2. You expressly agree to release Manulife and any of its directors, officers, employees and agents (collectively, the “Released Parties”) from any and all liability connected with your activities as recorded through the Mobile App, and agree not to sue the Released Parties for any claims, actions, injuries, damages, or losses associated with your activities. You also agree that in no event shall the Released Parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with: (a) your use or misuse of the Mobile App; (b) your use or misuse of equipment or programs created by Manulife while engaged in your activities; (c) your dealings with third-party service providers or advertisers available through the Mobile App; (d) any delay or inability to use the Mobile App experienced by you; and/or (e) any information, software, products, services or content obtained through the Mobile App, whether based on contract, tort, strict liability or otherwise, even if Manulife has been advised of the possibility of damages.
6.1. This Mobile App is available on handheld mobile devices running Apple iOS and Android operating systems. Manulife will use reasonable efforts to make the Mobile App available at all times. However, you acknowledge that the Mobile App is provided over the internet. Hence, the quality and availability of the Mobile App may be affected by factors outside Manulife's reasonable control.
6.2. Manulife does not warrant or make any representations as to the security of this Mobile App, nor does Manulife warrant that functions or materials accessible from or contained in the Mobile App will be (a) error-free or will work uninterrupted; (b) defects will be corrected; or (c) the Mobile App is free from viruses or other harmful elements.
7.1. In order to use the Mobile App, you are required to have a compatible mobile or handheld device, internet access, and the minimum software specifications as follows:
7.2. The version of the Mobile App software may be upgraded from time to time to add/enhance support for (new and existing) functions and services.
8.1. Manulife may change the format and content of the Mobile App at any time, suspend the operation of the Mobile App for support or maintenance work, or for any other reason. Manulife has the right to terminate access to this Mobile App at any time, without prior notice.
8.2. Upon termination of access to this Mobile App, all rights and licenses granted to you shall terminate herein, and you must cease all use of the Mobile App.
9.1 The invalidity, unlawfulness or unenforceability of any provision in these Terms shall not affect the validity, legality or enforceability of the remaining provisions hereof.
9.2 Manulife intends to provide the Mobile App and its contents to you for use in Singapore only.
9.3 A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of the Terms.
9.4 Nothing in these Terms is intended to constitute, create, give effect to, or otherwise recognise a joint venture, partnership or relationship of principal and agent, whatsoever.
9.5 Manulife’s decision on all matters relating to ManulifeMOVE shall be final and binding on you.
9.6 These Terms are governed by and construed in accordance with the laws of Singapore. Both Manulife and you hereby agree to submit to the exclusive jurisdiction of the courts of Singapore