By installing the Mobile App, you acknowledge your consent to be unconditionally bound by the following conditions of use including any future changes ("Conditions"), without limitation or qualification. Please read these Conditions carefully before using this Mobile App. These Conditions may be revised at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Conditions to which you are bound.
The "Mobile App" shall mean the software provided by Manulife (International) Limited ("Manulife"), an authorized insurer in Hong Kong and Macau, to offer services related to ManulifeMOVE program (" ManulifeMOVE ") administered and offered by 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.
PROPRIETARY RIGHTS AND LICENCE
- 3.1. All intellectual property rights (including 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 including, where such rights are obtained or enhanced by registration, any registration of such rights (including the right to apply for such registrations) and Mobile Apps therefore (including 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 and/or its associated companies. 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 or the relevant licensors or owners of such intellectual property rights. Your use of such intellectual property rights, or any other content on this website, except as provided herein, is strictly prohibited.
- 3.2. Manulife hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the Mobile App only for your personal non-commercial use in accordance with these app terms. No other rights to the Mobile App are granted. All rights including intellectual property rights in the software remain the property of Manulife or the relevant licensors or owners of the software and, except as permitted by law, you may not reverse engineer, decompile, modify or tamper with the software.
CONDITIONS OF USE
- 4.1. You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Mobile App (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Mobile App; or (iii) create derivative works of the Mobile App of any kind whatsoever.
- 4.2. The Mobile App is currently made available to you free of charge for your personal, non-commercial use. 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.
- 4.3. The Mobile App is free but there may be charges incurred from your telecom service providers for data connection, data download, data rate plans, or roaming. You are responsible for any mobile data subscription and data transfer and other data costs, roaming charges or other fees that may be charged by your network service provider.
- 4.4. If you are not the bill payer for the mobile telephone or handheld device being used to access the Mobile App, you will be assumed to have received permission from the bill payer for using the Mobile App.
- 4.5. Manulife is 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 a service and pay all the charges connected with it. We recommend you to contact your network service provider for information about data transmission and other network service charges.
- 4.6. You are entirely responsible for maintaining the confidentiality of your own passwords and account details. You are also entirely responsible for any activity records that occur under your account, regardless as to 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 by any third parties. However, you may be held liable for any damage, loss or other liability incurred by Manulife for any wrongful 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.
The activity records maintained through the Mobile App shall be accepted as conclusive and binding for all purposes. Your use of your account and/or password to access or use this Mobile App will be recognized as your electronic signature and will be legally binding. You accept that electronic records will be admissible as original documents in any court of law and agree that you will not challenge or dispute the accuracy or authenticity of such records.
- 4.8. You acknowledge and understand that the benefits related to ManulifeMOVE will be based on the data displayed on the Mobile App. In the event of inconsistencies of activity data between the Mobile App and other publicly available health apps, the activity data displayed on the Mobile App will prevail for all benefit computations.
- 4.9. You acknowledge the need to synchronize the Mobile App with your handheld mobile device at least once every two weeks. Manulife will not be liable for the loss or inconsistency of activity data arising due to failure to synchronize the Mobile App in a regular manner.
- 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 on a solicitor-client basis) suffered by Manulife arising from or in connection with: (i) your access to or use of this Mobile App, including your submission of any material through this Mobile App; (ii) any other party's access to or use of this Mobile App using your account and/or password; or (iii) your breach of any of these terms; (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 us (the "Released Parties") from any and all liability connected with your activities as recorded through the Mobile App, and promise 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 services, (b) your use or misuse of equipment or programs created by us 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, (e) any information, software, products, services or content obtained through the Mobile App, whether based on contract, tort, strict liability or otherwise, even if we have been advised of the possibility of damages.
- 6.1. This Mobile App is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. Manulife will use reasonable efforts to make the Mobile App available at all times. However you acknowledge the Mobile App is provided over the internet and mobile networks and so the quality and availability of the Mobile App may be affected by factors outside Manulife's reasonable control.
- 6.2. We do not warrant or make any representations as to the security of this Mobile App nor do we warrant that functions or materials accessible from or contained in this Mobile App will work uninterrupted or error free, that defects will be corrected or that this 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 telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').
- 7.2. The Software Requirements are as follows: Apple iOS devices running iOS 11 or above, and Android OS devices running Android OS 5 and up; Language: English, Traditional Chinese and Simplified Chinese.
- 7.3. The version of the Mobile App software may be upgraded from time to time to add support for new functions and services.
- 8.1. Manulife may change the format and content of this Mobile App at any time. We may suspend the operation of this Mobile App for support or maintenance work in order to update the contract or for any other reason. We have the right to terminate access to this Mobile App at any time and without notice.
- 8.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Mobile App.
The invalidity, unlawfulness or unenforceability of any provision in these terms in any respect under applicable law shall not affect the validity, legality or enforceability of the remaining provisions hereof.
Manulife intends to provide the Mobile App and its content to you for the use in Hong Kong and Macau only.
These terms are governed by the laws of Hong Kong and the parties agree to submit to the exclusive jurisdiction of the courts of Hong Kong.