AEQUO360
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Términos y Condiciones

Última actualización : 9 Jun, 2021

Terms Of Use

The AEQUO360 mobile application and www.aequo360.com website (collectively, the “Application”) is developed and owned by Jing-Li Group LLC (“Jing-Li”) and licensed to MyLyfeTrek Sdn Bhd (Registration No. 202001022470 (2378790-K)) (“MyLyfeTrek”), a company incorporated in Malaysia, that will provide you with the Services (as defined below).

In this Terms of Use, the word “Services” refers to the Application, any services offered on the Application, as well as any other related technology and services, and “you” refers to any individual that uses and/or accesses the Services.

This Terms of Use, together with the Privacy Policy (collectively, the “Agreement”) contain the terms and conditions for the use and access to the Services. By using or accessing the Services, you are deemed to have accepted, and are bound by the terms and conditions set out below. If you do not agree to the Agreement, please do not use the Services.

In order to use or access any of the Services, you must be above the age of legal capacity to contract. 

Purpose of the Services

The purposes of the Services are to record and store your health, medical data and dental records. It is not supplied to provide any advice, including medical, dental or health-related advice, and is not intended to be used in the diagnosis or treatment of disease or other medical/dental conditions, or in the cure and prevention of disease. Please consult a healthcare/dental professional if you have any health or medical/dental issues. 

Your access to the Services 

MyLyfeTrek grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Services subject to the Agreement. The Services are strictly for your personal, non-commercial use. You are responsible for ensuring that you have access to the Services, including ensuring that you have the appropriate device and internet connection to access the Services.

Account security

Similar to  personal data, you must treat your username and password as confidential, and you must not share them with anyone else. You shall bear any losses or liability incurred as a result of providing your username and password to a third party. If your username and password have been used by someone else, please let us know immediately and change your password. You must take appropriate measure to prevent unauthorized use by third parties. 

Data uploaded by you

You are entirely responsible for any data, content, information or materials (including any data, content, information or materials relating to any third party) uploaded, updated, transmitted or posted by you on the Services (“Your Data”). By transmitting Your Data on the Services, you warrant and represent you have the authority to do so, and such transmission does not violate any third party rights or the law. There may also be a limit on the amount of Your Data that can be stored on the Services, which will be determined by MyLyfeTrek.

Monitoring of Services

MyLyfeTrek reserves the right to monitor your access and use of the Services to ensure your compliance with the Agreement and the law, for statistical purposes (e.g. app engagement statistics) for customer support purposes, and for other purposes deemed necessary or reasonable by MyLyfeTrek.  However, for the avoidance of doubt, MyLyfeTrek has no obligation to monitor your use of the Services or the use by any third party.

Representation and Warranties

To the maximum extent permitted by law, neither Jing-Li nor MyLyfeTrek makes any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, correctness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of the Services, the material, information and/or functions therein and expressly disclaims liability for errors and omissions in such materials, information and/or functions. In particular, MyLyfeTrek and Jing-Li do not guarantee or warrant that the contents you store or access through the Services will not be subject to inadvertent damage, corruption or loss, and reserve the right to delete Your Data in accordance with these terms. 

You agree that you have placed no reliance on any representation, warranty or guarantee made by MyLyfeTrek and/or Jing-Li save and except for those representations, warranties or guarantees which have been expressly stated under this Terms of Use. Any representation, whether written or oral, given by any officer or representative of MyLyfeTrek and/or Jing-Li shall be void and have no legal effect whatsoever.

You agree, warrant and represent to MyLyfeTrek and Jing-Li that:

      1. all information you have provided to MyLyfeTrek are true and accurate; 
      2. you will access the Services only through means authorized by MyLyfeTrek;
      3. you will not impair or circumvent the proper operation of the Services;
      4. you will not use the Services for fraudulent purposes, or for purposes other than the intended purposes of the Services;
      5. you agree to observe all security measures in relation to the Services and the access to and use of the Services as specified in this Terms of Use and any other legislation, subsidiary legislation, rules and regulations, policies or guidelines as may be in force in relation thereto;
      6. you shall not initiate any claims, actions or suits against MyLyfeTrek or Jing-Li for any unauthorized use of the Services, whether as a result of security measures being compromised or otherwise;
      7. you shall not interfere with the access to and use of the Services by other users of the Application;
      8. you shall not hack, attempt to hack or gain unauthorized access, whether directly or indirectly, into the Services for any purpose whatsoever;
      9. you are authorized to transmit, upload or otherwise post any of Your Data on the Application;
      10. the Agreement creates legal, binding and valid obligations, enforceable against you in accordance with its terms; 
      11. you are in compliance with all the relevant legislations, laws, and regulations governing you; 
      12. you will not do any act or omission which may constitute a security risk to the Services or Your Data; and
      13. you will not provide any third party with access to or use of the Services, including by providing the third party with your username and/or password to access the Services or data uploaded by you on the Services.


Exclusion/Disclaimer/Limitation of Liability

The Services may contain hyperlinks to third party websites, which are not under the Jing-Li or MyLyfeTrek’s control, unless stated otherwise. These hyperlinks do not in any way represent  Jing-Li or MyLyfeTrek’s endorsement or sanction of the same, and Jing-Li and MyLyfeTrek disclaims any responsibility or liability for the contents or privacy practices of these hyperlinks, and the Privacy Policy does not apply to these hyperlinks.

The information and materials in the Services, including but not limited to Services, projects, information, data, text, graphics, audio, video, links or other items are provided by Jing-Li and MyLyfeTrek on an "as is" and "as available" basis. All such materials and information (including text, graphics links or other items) are subject to change without notice, at the Jing-Li and MyLyfeTrek’s sole and absolute discretion. References to information and material contained in the Services may also include such information and material provided by third parties. Jing Li and MyLyfeTrek advises you to visit, telephone, e-mail, fax or write to such parties for more information or to confirm the information contained herein. 

Any reliance on the Services are at your own risk. Neither MyLyfeTrek nor Jing-Li shall not be responsible or liable for any loss caused or damage incurred or suffered by you or any other person as a consequence of accessing, browsing or using the Services, including without limitation, for any loss or damages howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss of profits or savings arising in connection with:

      1. your use of the Services;
      2. the Services not being available;
      3. any access, use or inability to access or use the Services and/or any other website linked to the Services;
      4. any failure, delays in transmission, interruption, errors, omission or breakdown of any equipment, system, server software or terminal of the Services or Jing-Li  or MyLyfeTrek's agents;
      5. attack or interference by any computer virus, corruption, worms or by any person;
      6. failure or delay in the execution of any of Jing-Li or MyLyfeTrek's obligations due to any cause beyond the control of Jing-Li or MyLyfeTrek, as the case may be including but not limited to causes such as strikes, industrial action, civil disturbances, flood, earthquake, landslides or acts of God or computer, electronic, communications or electrical system failures of any nature whatsoever, malfunction or breakdown, or the interruption, non-supply, breakdown or failure in supply of electricity or power for any length of time;
      7. any inaccuracies, errors, defects of any content of the Services or other website linked to the Services;
      8. any operation malfunction or defect of your device, systems or software used in accessing the Services;
      9. any omission, delay in performance or non-performance of your obligations under the provisions of this Terms of Use and any other rules, regulations, policies, and guidelines currently in force;
      10. any loss (including consequential loss), damage or liability whatsoever suffered and/or incurred by you in the event that you have acted fraudulently;
      11. email messages or other form of communications sent to or received from  MyLyfeTrek via the internet; and
      12. any corruption, destruction, alteration, loss of, malfunction or error in the course of communications that may affect the accuracy or timeliness of messages, instructions or any data or information in the course of transmission which Jing Li and MyLyfeTrek has no control over.

This exclusion clause shall take effect to the fullest extent permitted by law.

Intellectual Property

Any intellectual property subsisting in the material and contents of the Services, including but not limited to texts, graphics, lay-outs, designs, trade marks, trade names and logos is owned by Jing-Li and has been licensed to MyLyfeTrek and may not be copied or used for personal, non-commercial or commercial purposes, unless otherwise authorised in writing by Jing-Li Group LLC.

Further, you shall not:

      1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way;
      2. modify or make derivative of works licensed by MyLyfeTrek based on the Services;
      3. reverse engineer or access the Application in order to:
        1. build a competitive product or service;
        2. build a product using similar ideas, functions, features, or graphics of the Services;
        3. copy any ideas, features, functions or graphics of the Services;
        4. launch an automated program or script, including but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server request per second, or unduly burden or hinder the operation and/or performance of the Services;
        5. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
        6. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of MyLyfeTrek, Jing-Li or the owner of such proprietary rights, as may be applicable;
        7. copy or create any “link”, “frame”, and “mirror” of the Application without obtaining the prior consent of MyLyfeTrek;
        8. remove any copyright, trademarks or other proprietary rights notices, contained in the Services;
        9. interfere with or disrupt the integrity or performance of the Services and/or the data contained in therein; or 
        10. attempt to gain unauthorized access to the Services or its related systems or networks.

Termination

MyLyfeTrek is entitled to terminate, suspend, and/or restrict your use of the Services provided to you or delete any data or information which you have uploaded or entered into the Services at its sole and absolute discretion, should any one (1) or more of the following occur: 

      1. You have provided MyLyfeTrek with false or incomplete information for access to or use of the Services; 
      2. In the sole opinion of MyLyfeTrek, Your Data poses a security risk or threat to the Services or MyLyfeTrek;
      3. You have breached any term, condition, or provision of the Agreement or as laid down by any legal, regulatory, or other authority or body relevant hereto. 

You may terminate your use of the Services by deleting Your Data and giving notice to MyLyfeTrek through the Services. 

Notwithstanding anything herein to the contrary, MyLyfeTrek may at any time, in its sole and absolute discretion terminate, suspend, and/or restrict your right of access to the Services or any portion of it without notice and without any obligation to give any reasons therefor or for any reason whatsoever.

For the avoidance of doubt, you acknowledge that termination shall not affect your liability or obligations in respect of any instructions in the Services processed by MyLyfeTrek on your behalf. 

You agree and acknowledge that you shall not hold MyLyfeTrek and/or Jing-Li liable for any loss, which you may suffer as a result of termination of the use of the Services.

Indemnity

To the maximum extent permitted by law, you will hold harmless and indemnify MyLyfeTrek and/or Jing-Li  from any claim, suit, or action arising out of or related to:

  1. Your Data;
  2. your use of the Services;
  3. your violation or breach of this Terms of Use; 
  4. your infringement of third party intellectual property or other rights; and
  5. similar actions or violation by any persons using your account

This includes in each instance any liability, damages, cost (including legal cost) arising from such claim, suit or action, including any claim for negligence.

Severability

If any of the provision and/or part of this Terms of Use becomes invalid, illegal, or unenforceable pursuant to any law, then the invalid and unenforceable provisions and/or any part thereof shall be deemed to have been superseded by a valid, enforceable provision and/or part that most closely matches the intent of the original provision and/or part and the remainder of the other provisions and/or part of this Terms of Use shall continue in full force and effect. Any such invalidity, illegality and unenforceability shall not affect or impair the remaining provisions and/or part of this Terms of Use herein.

Governing Law and Jurisdiction

This Terms of Use shall be governed by the construed in all respects in accordance with the Laws of Malaysia and you hereto agree to submit to the exclusive jurisdiction of the Malaysia Courts.



Changes to the Services

MyLyfeTrek may, at its discretion, add or remove functionalities or features, create new limits to the Services, or temporarily or permanently suspend or stop the Services or part of the Services.

Changes to this Terms of Use

MyLyfeTrek reserves the right to vary, amend or supplement any of this Terms of Use by way of notice in such manner as deemed suitable by MyLyfeTrek from time to time. For the avoidance of doubt, MyLyfeTrek is under no obligation whatsoever to give prior notice to you in relation to any variation or amendments to any of this Terms of Use and the continued use of the Services shall be deemed as acceptance of this Terms of Use, as varied or amended.

You will be able to review the revised Terms of Use upon access to the Application, and the use of the Services thereafter shall constitute your acceptance to the variations, amendments or supplements thereto.

[last updated 23rd May 2021]