a. LumiHealth.sg (“Website") and LumiHealth Mobile Application (“App”) collectively referred to as “LumiHealth” is a health and wellness programme presented by Singapore, operated by the Health Promotion Board (“HPB”) in collaboration with Apple Inc. (“Apple”).
b. Please read the following terms and conditions carefully before using this Website and/or App. These ToUs apply to LumiHealth. By accessing or using LumiHealth, you agree to be bound by these terms and conditions as they may be modified and/or amended from time to time. HPB reserves the right to change these terms and conditions at any time at its sole discretion. Amendments shall take effect immediately when posted on LumiHealth. Your continued use of this LumiHealth thereafter represents your agreement to any such amendments. Information may be changed or updated without notice. HPB has no obligation to update information presented on the Website or App, so information contained herein may be out of date at any given time. HPB may also make improvements and/or changes in the products and/or programmes described in these ToU at any time without notice.
a. This Website and/or App and all information contained in it are provided on an “AS IS” and “as available” basis, without any express or implied warranties of any kind, including but not limited to, warranties about the accuracy, completeness, currentness, merchantability, non-infringement or suitability for any purpose of the information in this Website and/or App, and without any support or any other services by HPB. The data set out herein and in LumiHealth is for informational purposes only, and no warranty is made that the information is error free. To the extent permitted under law, HPB excludes all conditions, warranties, representations or other terms which may apply to LumiHealth, whether express or implied. Please note that once you leave the App or Website, or arrive at an application from another non-HPB location, either by using a link we may have provided for your convenience or by specifying your own destination, HPB accepts no responsibility for the content, products and/or services provided at these non-HPB locations. HPB does not control, endorse, promote or have any affiliation with any other website or software application (including mobile applications) unless expressly stated herein.
b. HPB does not guarantee that access to LumiHealth shall be uninterrupted or error free. To the fullest extent permitted by applicable laws, HPB on behalf of its directors, officers, employees, agents, suppliers, licensors and service providers, excludes and disclaims liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, punitive, incidental or consequential damages; loss of use; loss of data; loss caused by a virus; loss of opportunity, business, revenue, income or profit; loss of or damage to property; claims of third parties; or other losses of any kind or character, even if HPB has been advised of the possibility of such damages or losses, arising out of or in connection with the use of LumiHealth or any other website or apps with which they are linked, or any products or services available on LumiHealth. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. HPB does not guarantee or warrant that files accessed on, and/or available for downloading from, LumiHealth are or shall be free of computer viruses, worms, Trojan horses or other contaminating or destructive properties. You shall access and download information from LumiHealth at your own risk.
c. The health information and other information on LumiHealth are general in nature. It is provided as a public service and for information purposes only. This information does not constitute, nor is it a substitute for, medical advice, legal advice or professional services. In particular, the health information on LumiHealth is not intended as a substitute for seeing your doctor or other professional advisor. Always consult your doctor if you have any specific health care needs. Your doctor can provide the necessary medical diagnosis and treatment. Do not rely on the information on LumiHealth to self-diagnose your illness. You should never disregard medical advice or delay seeking such advice because of anything you read on or through LumiHealth. You should consult with a doctor or other qualified healthcare professional to determine whether your use of LumiHealth would be safe and/or effective for you. You are expressly prohibited from accessing or using LumiHealth against medical advice or if doing so might pose any health risk. In this context, you acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children (born and unborn, as applicable), and all decisions now or in the future. Your use of LumiHealth does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and HPB. HPB shall not be responsible, under any theory of liability or indemnity, for your use of or reliance on LumiHealth.
d. Neither Apple nor HPB shall be responsible for any claims, losses, liabilities, damages, costs or expenses (whether in contract or tort), breach of statutory duty, loss of revenue, loss of profits or otherwise, direct or indirect, even if foreseeable arising from or in connection with your use of LumiHealth or the App, including, without limitation, any third-party product liability claims, claims that LumiHealth or the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement.
3. Links to Third Party Websites
a. HPB may provide links to other websites, which we believe may be of interest to you, owned and/or operated by third part(ies) who are not related or affiliated to the HPB (“Linked Websites”). The Linked Websites are provided for your convenience and information only, and the inclusion of any Linked Websites does not imply any endorsement or approval of the Linked Websites by HPB or Apple.
b. HPB does not control or have any supervision over, and is not responsible for, the content, hyperlink, accuracy or privacy policies of any of the Linked Websites and makes no representation or warranty with respect to the content thereof. You use the Linked Websites entirely at your own risk. HPB is not a party to any transaction or arrangement between you and any of the Linked Websites. Your use of the Linked Websites is subject to the terms and conditions of such Linked Websites (if any), in addition to the terms and conditions herein. If there is any inconsistency, the terms and conditions herein shall supersede.
c. HPB shall not be liable or responsible in any way for any user generated content. HPB does not have any control or supervision over, and is not responsible for, what users access through LumiHealth and is not responsible for any inappropriate, offensive, obscene, infringing, unlawful or otherwise objectionable or illegal user generated content you may encounter on LumiHealth or arising from your use of LumiHealth.
d. LumiHealth may also contain third party advertisers (that may or may not contain embedded hyperlinks or referral buttons to Linked Websites). The display of such advertising does not in any way imply a recommendation or endorsement by HPB of the relevant advertiser, its products or services or any such Linked Website. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. To the extent permitted by law, HPB accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
4. Expected Rewards
a. You may get to earn coins by completing the various activities or milestones listed in LumiHealth which can be used to redeem for rewards such as HPB eVouchers (“Rewards”) made available in LumiHealth which from time to time. You acknowledge that there may be delays in the issuance of coins to you due to unforeseen circumstances such as technical issues or such other issues beyond our control. Rewards in the form of HPB eVouchers is subject to these ToU, the Programme Participation Agreement ("PPA") and any other terms and conditions as may be stipulated by the respective Participating Merchants (as defined hereafter), outlets or third party operators, service providers engaged by HPB to provide Rewards featured under the Programme (the “Participating Merchants”). The list of Participating Merchants will be published on LumiHealth. We reserve the right to revise and/or amend the list, and the terms and conditions governing your redemption of the eVouchers, from time to time without prior notice to you.
b. Redemption of HPB eVouchers is subject to the conditions set out below:
(a) All HPB eVouchers are issued in Singapore currency.
(b) Each HPB eVoucher is only valid for a single transaction. Any amount remaining in the HPB eVoucher after a transaction has been completed shall be forfeited.
(c) Any HPB eVoucher must be presented to the relevant Participating Merchant before the expiry date as indicated on the HPB eVoucher.
(d) Multiple HPB eVouchers may be used in a single transaction.
(e) In the event that the value of the HPB eVoucher used in a single transaction does not cover the full cost of the goods or services, you are solely responsible for paying the excess balance.
(f) HPB eVouchers cannot be exchanged wholly or partly for cash, coins, points and/or any other rewards, and are non-transferrable.
(g) HPB eVouchers cannot be replaced if expired, voided and/or invalidated.
(h) Any expired HPB eVouchers shall be automatically forfeited/cancelled and become null and void; and any request for an extension, exchange, replacement or refund shall not be entertained.
(i) Any HPB eVoucher once redeemed is not refundable, nor exchangeable for cash, points, coins, or for any other reward.
c. Any misuse, tampering or forgery of HPB eVouchers may constitute a criminal offence and the offender may be referred to the relevant law enforcement agencies for investigation (where necessary). HPB eVouchers shall not be used for purchase of gift vouchers, lottery, cigarettes, alcoholic items and pre-paid cards. To use your HPB eVoucher at participating malls, please proceed to the Customer Service Counters or Concierge to exchange for a mall voucher.
d. HPB is not liable or responsible whatsoever for the acts or default of any Participating Merchant (including the failure of a Participating Merchant to honour any redemption of Rewards) or in respect of any defect or deficiency in the goods or services provided by the Participating Merchants under the Programme.
6. Proprietary Rights & Restricted Use
a. All content on LumiHealth are the property of HPB, save as otherwise indicated. All trademarks, brand names, product names, marks and titles and copyrights used on LumiHealth ("Intellectual Property") are the property of their respective holders. Nothing on LumiHealth grants you any right or license to use any of the Intellectual Property on LumiHealth without the express written permission of HPB, Apple or the third-party owners of the Marks. Unauthorised use may violate trademark, intellectual property and other laws. Subject to 6b, no permission is given in respect of your use of any such Intellectual Property and such use may constitute an infringement of the holder's rights.
You may print a copy of the information contained in LumiHealth for your personal use only.
b. In addition, LumiHealth, including but not limited to graphics, user interface, audio clips, video clips, scripts, source and object code, proprietary information, materials and any content made available through LumiHealth are the property of HPB, Apple and/or its licensors, and are protected by applicable intellectual property and other laws, including but not limited to copyright and trade secret. The App is licensed, not sold, to you. In this regard, you are granted a non-transferable, non-exclusive license (without the right to sublicence) to (i) use LumiHealth solely for your personal, non-commercial purposes, and (ii) install and use the App, solely on an Apple-branded handheld device that runs Apple iOS operating system owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App store Terms of Service. In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the App, such as your wireless data service agreement. You may utilise LumiHealth only as permitted by these ToU. You may not, and shall not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of LumiHealth; (2) use or merge LumiHealth, or any component or element thereof, with other software, databases or services not provided by HPB or Apple; (3) sublicense, distribute, sell or otherwise transfer the App to any third party; (4) use LumiHealth as a service bureau, or lease, rent or loan LumiHealth to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of LumiHealth (6) interfere in any manner with the operation of LumiHealth; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to LumiHealth; (8) create a database by systematically downloading and storing LumiHealth; (9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, ”data mine” or in any way gather LumiHealth or reproduce or circumvent the navigational structure or presentation of LumiHealth without our express prior written consent; or (10) use LumiHealth for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with LumiHealth. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in LumiHealth.
d. You grant HPB the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with LumiHealth.
7. Rights and Obligations of the User
a. By using LumiHealth, including registering for a User Account, you represent and warrant that all information provided by you is true, accurate, current and complete to the best of your knowledge and belief.
b. HPB reserves the right to reject your application for an account, suspend your use or terminate your account at any time without prior notice to you if you are in breach of these ToU or for any other reason as determined by us at our sole and absolute discretion.
c. Upon successful registration of your account, you:
i. agree to keep your account ID and password confidential and shall not allow other person to use your account,
ii. shall update your account as and when there are any changes to your details, and
iii. shall notify us immediately if you have any reason to believe that the security of your account has been compromised.
d. You are solely responsible for any and all activities which occur under your account.
e. For so long as your account is active, you acknowledge that we shall have the right, at our sole and absolute discretion, without any prior notice to you, to: -
i. subject to your PPA, access your account and its contents as and when we consider necessary for specific purposes, including but not limited to, identifying or resolving technical problems with your account;
ii. block your access to your account for the purposes of investigation any breaches by you of these ToU or if we suspect that there is a compromise in the security of your account;
iii. suspend, discontinue, remove or disbar you from the use of your account should there be any breaches by you or suspicion of irregular transactions, fraud, in which event, you may be referred to the relevant law enforcement agencies for investigation (where necessary).
8. You shall not:
a. use any of our logos or any of the following names or slogans: 'HPB', 'Health Promotion Board', '保健促进局’, 'LumiHealth’
b. hyperlink to any part of LumiHealth without written permission from HPB;
c. reproduce or distribute the content in LumiHealth (including text, graphics, video, music or sound) to other persons;
d. copy any content in LumiHealth onto another server; or
e. make any commercial use of LumiHealth, without the prior written permission of HPB, and then only if all Intellectual Property are kept intact.
You may not upload, post or email to LumiHealth any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, objectionable or profane material, or any other content that could give rise to any civil or criminal liability under the law.
a. In these terms and conditions, unless the context otherwise requires, the headings are inserted for convenience only and shall not affect the construction of these terms and conditions.
b. In addition to your agreement with these ToU, and notwithstanding anything to the contrary herein, you acknowledge and agree to the following provisions with respect to your use of any App that is compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these ToU. Apple is not providing any warranty for LumiHealth. Apple is not responsible for maintenance or other support services for LumiHealth. Notwithstanding the foregoing, you acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these ToU and that, upon your acceptance of the terms and conditions herein contained, Apple shall have the right (and shall be deemed to have accepted the right) to enforce these ToU against you as a third-party beneficiary thereof. Save as set out in the foregoing, no third party shall have any right to enforce or enjoy the benefit of any of the provisions of these ToU under the Contracts (Rights of Third Parties) Act (Cap. 53B) or otherwise. Notwithstanding the immediately preceding sentence, HPB’s right to enter into, rescind or terminate any variation, waiver or settlement under these ToU is not subject to the consent of any third party. Any inquiries or complaints relating to the use of the LumiHealth must be directed to HPB by emailing firstname.lastname@example.org or call LumiHealth Support at 1800 222 5555.
c. If any provision of these terms and conditions is held to be invalid or unenforceable, then such provision shall (so far as it is invalid or unenforceable) be given no effect and shall be deemed not to be included in these terms and conditions but without invalidating any of the remaining provisions of these terms and conditions.
d. No failure or delay by us in exercising any right or remedy provided by law under or pursuant to these terms and conditions shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude our exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy. Our rights and remedies under or pursuant to these terms and conditions are cumulative, may be exercised as often as we consider appropriate and are in addition to our rights and remedies under general law.
e. These terms and conditions and the relationship between you and HPB shall be governed by, and interpreted in accordance with, the laws of Singapore. In respect of any legal action or proceedings arising out of or in connection with these terms and conditions or LumiHealth you shall irrevocably submit to the exclusive jurisdiction of the courts of Singapore. That submission shall not affect the right of HPB to institute proceedings in any other jurisdiction.
f. Please review these terms and conditions periodically for changes and updates. To notify you of when these terms and conditions were last revised, please refer to the Last Revision Date stated at the beginning of these terms and conditions.