IMPORTANT - READ CAREFULLY: THESE TERMS OF SERVICE AND END-USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND HOLMUSK ("COMPANY"). IN THIS AGREEMENT, "APPLICATION" MEANS ANY APPLICATION OR PROGRAM PROVIDED TO YOU BY THE COMPANY WHICH IS INSTALLED, ACCESSED OR OTHERWISE USED BY YOU OR YOUR EQUIPMENT OR DEVICES (EACH INCLUDING ANY PRIOR OR FUTURE VERSIONS), AND IT INCLUDES RELATED DOCUMENTATION AND OTHER TEXT; ARTWORK, PHOTOS, VIDEO AND AUDIO CONTENT; AND ALL UPDATES TO ANY OF THESE ITEMS. “SERVICE” MEANS ANY SERVICE ENABLED BY OR PROVIDED THROUGH AN APPLICATION. “WEBSITE” MEANS ANY WEBSITE OPERATED BY THE COMPANY, OR ANY OF ITS AFFILIATED COMPANIES OR PROPERTIES, LINKED TO THE PROVISION OF AN APPLICATION OR SERVICE. BY INSTALLING, ACCESSING OR OTHERWISE USING AN APPLICATION, SERVICE OR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD STOP USING THE APPLICATION, SERVICE OR WEBSITE AND PROMPTLY DELETE, CEASE USING, OR RETURN TO THE COMPANY ANY APPLICATION IN YOUR POSSESSION, INCLUDING, WHERE APPLICABLE, ANY PACKAGING AND ALL WRITTEN MATERIALS.
By using the Application, the Company grants you, subject to the terms and conditions of this Agreement, the limited, non-exclusive, non-transferable, non-sub-licensable, revocable, worldwide license to install, access, run, execute and use the Application on one (1) mobile device or equipment owned or controlled by you ("Device") for your personal use only, and not for commercial use or resale.
The Application, including all the proprietary information and material contained therein, is owned by the Company or its licensor and is protected by the copyright laws of Singapore, the copyright laws of other jurisdictions, and by international copyright treaties. The Application is licensed, not sold. Except as expressly stated in this Agreement, the Company grants you no right or license, express or implied, to the Application or Service, including, without limitation, any right to use, copy, publish, display, compile, transmit, broadcast or otherwise exploit the Application or Service.
Other than the limited rights expressly granted to you under this Agreement, the Company reserves all rights in and to the Application and Service, including any and all patents, trademarks, copyright, trade secrets, registered design rights, intellectual and industrial property rights, and any other intellectual property rights now or hereafter known, developed or in existence and in all forms of media throughout the world for the Company's use and disposition at its sole discretion without any obligation to you. You are not granted any rights, license or authorisation to use the name "HOLMUSK" or any of the trademarks owned or controlled by the Company or any trademarks owned or controlled by the Company’s licensor in any manner whatsoever, without prior written approval and instruction from the Company.
You may only use the Application in accordance with this Agreement. You will comply with the following restrictions in addition and without prejudice to the other terms contained in this Agreement:
Upon termination of this Agreement for any reason, you will immediately delete, destroy or return to the Company the Application and shall cease using the Application for any reason.
By using any Application, Service or Website, you agree that the Company may collect anonymised (i.e. de-identified) data (“Anonymised Data”) from you or others on your behalf to help the Company in its business and operations. Anonymised Data will not contain personal data or any information that can be used to identify you or any other person, whether alone, or in combination with other information that the Company has or is likely to have access. You agree that the Anonymised Data may be used, stored, transferred, disclosed, assigned, leased, licensed, sold and otherwise shared with and by the Company’s partners, service providers, advertisers and/or other third parties for purposes permitted under the law.
The Application may contain or rely on components or software that are owned by third parties and which have been licensed to the Company for distribution within the Application. You may not use any such third party components or software in any way other than through your authorised use of the Application as a single integrated application. Nothing in this Agreement shall be construed as granting you any right, title or interest in or to any components or software owned by any third party.
Some records are not subject to any retention period and can be discarded when they do not have administrative value. Other data are not considered "records" within the meaning of this Agreement and need to be maintained only as long as they have administrative value.
From time to time, you may agree to submit your medical records to the Company or the Company’s employees or contractors, to facilitate the provision of our Services. The Company will retain medical records for as long as they are required for the purpose for which they were collected. The Company will dispose of your medical records promptly, in the appropriate manner as soon as it is reasonable to assume that such retention no longer serves the purpose for which the medical records were collected, and is no longer necessary for legal or business purposes, and in any case, for no longer than six (6) years from the date when you cease to use any of our Applications, Services or Websites, unless the records are the subject of a litigation hold (“Litigation Hold”), that is, if the Company anticipates litigation or perceives a threat of lawsuit, the Company will suspend its disposal policy in respect of the relevant documents. The Company will strive to preserve records subject to a Litigation Hold, if the records would otherwise be disposed of. Records which must be disposed of will be done so in a manner that safeguards confidential, sensitive or proprietary information contained in the records.
You are responsible for your own medical care, treatment and oversight.
By using any Application, Service or Website, you acknowledge that all content is provided for informational purposes only. Any content provided in or through any Application, Service or Website does not constitute the providing of medical advice, and is not intended to be a substitute for independent professional medical judgment, advice, diagnosis or treatment from an appropriate medical professional or healthcare provider ("Provider"). Reliance on any information provided by the Company employees or contractors, or otherwise appearing in any Application or Website, or through subscription to our Services is solely at your own risk.
You should always seek the advice of a Provider regarding your health, and you should never disregard or delay seeking such medical advice because of information contained in or transmitted through any Application, Service or Website. The Company assumes no liability for any medical advice, consultation, or services furnished by third-party Providers. The Company does not recommend or endorse any specific services or Providers, and does not assume liability for facilitating provider-patient relationships with such Providers.
Medical information changes constantly. While all attempts will be made to keep our Applications and Services updated, information may become outdated over time, or be superseded by subsequent disclosure. Therefore, the information on any Application, Service or Website should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for yourself or any other person. Reliance on any information provided on any Application, Service or Website or any linked, third-party website is solely at your own risk. The Application, Service or Website could also include technical or other inaccuracies or typographical errors. The Company assumes no liability for the accuracy or completeness of, nor any liability to update, the information contained in our services. Changes may be periodically added to the information and these changes will be incorporated in new editions of the Application, Service or Website.
You represent and warrant that you have all necessary rights in and licenses to any Web browser or other applications necessary to use the Application. You acknowledge that: (a) use of the Application may require use of certain third-party tools or applications; (b) the Application may interact with servers operated by the Company; (c) the Company has no obligation to provide you any documentation, including but not limited to, operating manuals, with respect to the Application; and (d) the Company is not responsible for any tax consequences of your download or use of the Application, including but not limited to, sales or excise taxes.
This Agreement is effective until terminated. Either party may terminate this Agreement at any time, with or without cause.
If you wish to terminate this Agreement and cancel your account with the Company ("Company Account"), you can do so directly within your Company Account as part of the Service. Upon termination, your Company Account will be immediately cancelled and you will no longer be able to access your Company Account or information provided by the Company through the Services. In the event you do not receive any response within twenty four (24) hours confirming your cancellation, please re-submit your request or contact the Company at firstname.lastname@example.org for further assistance.
The Company, in its sole discretion, has the right to suspend or discontinue your Company Account, modify the Service, or terminate this Agreement and refuse any and all current or future use of the Service, for any reason, at any time and without prior notice, including for any breach of this Agreement or use of the Application or Service which threatens the security or otherwise harms the Company or others. The Company may, at its sole discretion, suspend or discontinue your Company Account or terminate this Agreement if you breach any of the terms in this Agreement.
Upon termination of this Agreement, you must immediately cease using and delete, destroy or return to the Company the Application and, during any suspension or discontinuance of your Company Account or termination thereof, you may not use the Application for any reason. Termination of this Agreement or suspension or discontinuance of the Company Account will result in the deactivation of your Company Account or your access thereto, and the forfeiture and relinquishment of all current and future content and information in your Company Account or provided through the Services. The Company reserves the right to refuse service to anyone for any reason at any time. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service or suspension or discontinuance of your Company Account.
Clauses 2, 7, 8, 10, 11, 12, 13, 14, 15, 16, 18, 23, and 27 of this Agreement shall survive the termination of this Agreement.
THE INFORMATION ACCESSIBLE TO YOU THROUGH ANY APPLICATION, SERVICE OR WEBSITE (INCLUDING ANY INFORMATION LINKED FROM SUCH APPLICATION, SERVICE OR WEBSITE) ("PROVIDED INFORMATION") IS FOR INFORMATIONAL PURPOSES ONLY. THE PROVIDED INFORMATION RELIES UPON AND IS OTHERWISE SUBJECT TO THE DATA PROVIDED BY THIRD PARTIES AND YOU. THE APPLICATIONS, SERVICES AND WEBSITES (AND PROVIDED INFORMATION) ARE BEING PROVIDED ON AN AS-IS BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY LAW. ACCORDINGLY, THE COMPANY DOES NOT ASSERT, AND THE PROVIDED INFORMATION SHALL NOT CONSTITUTE OR CONTAIN, AND THE COMPANY HEREBY DISCLAIMS, ANY REPRESENTATION, WARRANTY, CERTIFICATION (INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE) OR AGREEMENT, WHETHER AS TO THE ACCURACY, RELIABILITY, SUFFICIENCY, TRUTH, SUITABILITY, QUALITY, VALIDITY, TIMELINESS OR COMPLETENESS OF THE APPLICATION, SERVICES, WEBSITES AND PROVIDED INFORMATION (INCLUDING ANY AND ALL CALCULATIONS, TABLES, GRAPHS AND SUMMARIES) OR OTHERWISE. THE COMPANY DOES NOT WARRANT THAT THE SERVICES, APPLICATIONS, WEBSITES OR PROVIDED INFORMATION WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR WITHOUT DELAY OR FREE FROM DEFECTS, HARMFUL COMPONENTS, VIRUSES OR MALWARE. THE COMPANY DOES NOT WARRANT THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR A COMPANY REPRESENTATIVE SHALL CREATE A WARRANTY. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE PROVIDED INFORMATION ON THE APPLICATION OR AS PART OF THE SERVICES. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS APPLICATION OR SERVICES AND YOU WILL NOT MAKE A CLAIM AGAINST THE COMPANY FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE PROVIDED INFORMATION ON THIS APPLICATION OR SERVICE.
THE COMPANY DISCLAIMS ALL LIABILITY ARISING OUT OF, RELATED TO OR IN CONNECTION WITH ANY OF THE FOLLOWING:
Any Provided Information provided by the Company as part of any Application, Service or Website is qualified entirely by reference to the original source of the information and you should refer to such original source for qualifications and reference. Such information provided may not be incorporated into any contract.
Without limiting the generality of the foregoing, you acknowledge and agree that the Applications, Services, Websites and Provided Information will, from time to time, be subject to interruptions, delays and lag time arising from maintenance, servicing, user activity, user access, and connectivity or otherwise and the Company disclaims all liability arising therefrom.
The total liability of the Company to you arising out of, related to or in connection with this Agreement, the Services or the Application shall not exceed one (1) US dollar. You may seek to recover from the Company only direct damages as to any claim arising out of, related to or in connection with this Agreement, the Services or the Application.
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY OTHER DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOSS OF DATA, LOST SAVINGS, OR INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT, GENERAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATED TO OR IN CONNECTION WITH THIS AGREEMENT, THE APPLICATION, THE SERVICES OR YOUR USE OR INABILITY TO USE THE APPLICATION (OR ITS PROVIDED INFORMATION) HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THAT THEY ARE FORESEEABLE. THE COMPANY IS NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY ARISING OUT OF, RELATED TO OR IN CONNECTION WITH YOUR BREACH OF THIS AGREEMENT, YOUR USE OR INABILITY TO USE THE APPLICATION OR THE SERVICES (OR ITS PROVIDED INFORMATION). SOLELY TO THE EXTENT CERTAIN JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT IS UNENFORCEABLE UNDER APPLICABLE LAW, THE COMPANY'S AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
"Confidential Information" means any proprietary, confidential or trade secret information of the Company and includes the Application and all components thereof. Confidential Information does not include any information which becomes generally known in the public through no fault or omission of you. Unless required by law, you shall not use any Confidential Information other than for the permitted purposes herein and you shall not disclose any Confidential Information to any third party. In the event you are compelled under law to disclose any Confidential Information, you shall provide prompt notice thereof to the Company prior to your disclosure, and allow the Company adequate time and give reasonable cooperation for the Company to seek an adequate alternative to prevent such disclosure.
If any part, provision, representation or warranty of this Agreement is declared to be void or unenforceable, the remaining parts of this Agreement shall not in any way be affected or impaired thereby and will continue in full force and effect. The void or unenforceable provision will be deemed modified to the extent necessary to comply with the applicable requirements of law, while retaining to the maximum extent permitted by law its intended effect, scope and economic effect.
This Agreement shall be governed in all respects by the laws of Singapore. If a dispute arises under, or in connection with this Agreement, including disputes as to the existence of this Agreement, the parties shall first seek to resolve such dispute in good faith through negotiations. If a dispute is not resolved through negotiations within thirty (30) days from the commencement of the negotiation, either party may require the dispute to be resolved with final effect exclusively before a Singapore court of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of Singapore for the purpose of resolving any dispute relating to this Agreement.
This Agreement constitutes the entire agreement between you and the Company pertaining to its subject matter and supersedes all other agreements, communications, understandings, negotiations, and discussions, whether oral or written, or course of dealings between us. No representation or promise subsequently made by you or the Company, nor any modification or amendment of this Agreement, will be binding unless it is in writing and signed by an authorised officer of the Company. The Company reserves the right to update and change the terms of this Agreement from time to time at its sole discretion. The Company will endeavour to notify you of such changes via email or by postings accessible on your Company Account or Website. Any new features or enhancements to the current Service shall be subject to the terms herein. Continued use of the Service or Application after any such changes shall constitute your consent to such changes. If you do not consent to such changes, you may terminate this Agreement.
As part of your agreement with the Company, you may receive a username and password (or other means by which you can control access to the data, information and services provided by the Company) as part of your Company Account ("Access Code").
In such a case, you agree to abide by the following terms: You acknowledge that you will be provided or have been provided an Access Code. You agree that the Access Code given to you will be used solely by you. You agree that once the Access Code is provided to you, you shall be solely responsible for maintaining the confidentiality of the Access Code. Accordingly, you shall be solely and completely responsible for any and all acts or omissions that occur under the Access Code by you or any person (other than the Company) who uses such Access Code for any purpose whatsoever, whether lawful or unlawful. You agree that you shall be responsible for any and all damages caused by any unauthorised use of the Access Code by you or any person (other than the Company). You agree that you will not sell, assign or transfer it to, or commit any act or omission that would result in such Access Code to be used by, any other person for any purpose whatsoever. You agree to inform the Company immediately of any unauthorised use of your Access Code, and in such event, the Company shall have the right, without limitation of any other rights under this Agreement, to terminate your Company Account in its entirety.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY , ITS AFFILIATES AND LICENSOR, AND THEIR EMPLOYEES, DIRECTORS, REPRESENTATIVES, CONSULTANTS, OFFICERS CONTRACTORS AND AGENTS, HARMLESS FROM ALL CLAIMS, SUITS, ACTIONS, PROCEEDINGS (FORMAL AND INFORMAL), INVESTIGATIONS, JUDGMENTS, DEFICIENCIES, DAMAGES, SETTLEMENTS, LIABILITIES, AND LEGAL AND OTHER EXPENSES SUFFERED OR INCURRED BY THE COMPANY, ITS AFFILIATES AND LICENSOR AND THEIR EMPLOYEES, DIRECTORS, REPRESENTATIVES, CONSULTANTS, OFFICERS, OWNERS, CONTRACTORS OR AGENTS ARISING FROM OR RELATED TO OR IN CONNECTION WITH ANY OF THE FOLLOWING:
The Service provided does not constitute a commitment to, and the Company has no obligation to you to, deliver any additional information, material, code, functionality, enhancement, modification, or update of or support for the Application, although such enhancements, modifications, updates, and support may be made available to you from time to time, or may be suspended, discontinued, or terminated at any time without notice to you and you bear the sole risk and liability in relying on such information, material, code, functionality, enhancement, modification, update, and support in making any strategic or analytical decisions. The development, release, and timing of any features or functionality of the Application remain at the sole discretion of the Company, and all information provided may change without notice.
This Application may contain links to third-party websites that are not affiliated with or owned, operated, or controlled by the Company. Access to any such third-party website is at your own risk. Links to third-party websites are provided as a convenience. The Company shall not be deemed to endorse, recommend or guarantee any tool, service or product that may be provided on such third-party websites. The Company is not responsible for the reliability of such websites or for any information or other materials on such websites. The Company's inclusion of links to such websites does not imply any association with their operators and/or the companies that own the third-party websites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that the Company is not in any way responsible for any such use by you.
You may be granted access to information that is sensitive and personal in nature. You agree to not disclose or use such information except in compliance with applicable laws and in connection with lawful, legitimate, and bona fide purposes.
The headings of sections in this Agreement are provided for convenience only and are not intended to have any effect in construing or interpreting this Agreement.
The language in all parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly for or against either party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to interpreting any part of this Agreement.
Except as expressly provided in this Agreement, the rights and remedies of a party under this Agreement are in addition to and do not exclude or limit any other rights or remedies available at law, in equity or statute.
The rights and remedies of a party under this Agreement are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive that party’s right to exercise any or all other rights and remedies.
Neither party shall be liable for any failure or delay in the performance of its obligation under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent such failures or delays are unforeseen and proximately caused by, without limitation, acts of God, Government restrictions, acts of war or terrorism, natural catastrophes, civil or military disturbances, insurrections, pandemics, epidemics, and/or any other cause beyond the reasonable control of the party whose performance is affected, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other party prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
Any notice, request, consent or approval required or permitted to be given under this Agreement or pursuant to law shall be in writing, and sent by certified or registered mail, with postage prepaid, to the address set out below, email address at email@example.com, or any other address provided by the intended recipient.
If to the Company:
71 Ayer Rajah Crescent
You are not permitted to assign or transfer your rights, obligations, or duties hereunder to any person. This Agreement is entered into solely for the benefit of the Company and you. This Agreement does not confer any right on a third party under the Contracts (Rights of Third Parties) Act (Cap. 53B), or such equivalent law, to enforce any term hereof, and no other person shall be considered a third party beneficiary to the terms hereof.
No act or omission of either party, other than express written waiver, may be construed as a waiver of any provision of this Agreement. No failure or delay by any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude or otherwise prejudice any other or further exercise of that right, power or remedy. A waiver of a right, power or remedy on any one occasion will not be construed as a bar to or waiver of rights, powers or remedies on any other occasion.
When you purchase and/or subscribe to the Company’s FoodDX's Nutrition Consultation, Weight Management or Diabetes Management services (“FoodDX Services”), you will gain access to a real human coach via the Application, subject to these Terms and Conditions. All subscription fees for any FoodDX Services shall be paid in full in accordance with your chosen subscription prior to you gaining access to any FoodDx Services.
The Company accepts a variety of methods of payment, which may include credit card, debit card and other modes of payment.
You may terminate your subscription at any time. Upon termination of your subscription, your access to the FoodDX Services previously subscribed to will still continue to be valid for the remaining subscription period for which subscription fees have already been paid for. Subscription fees can be found on our partner websites (e.g. If you are a participant from AIA, the applicable subscription fees can be found on AIA Vitality's websites), and in our partner’s related mobile application.
The Company reserves the right to revise the subscription fees payable for any of its FoodDX Services, and to make any corrections to prices quoted arising from clerical errors or errors of omission at any time. In the event of an increase in subscription fees, your continued use and access to any subscribed FoodDX Services shall be deemed as acceptance of any subscription fee variations.
Any subscription fees paid are strictly non-refundable. Notwithstanding, the Company has the sole discretion to consider any request for refunds.
Your subscription to FoodDX will be automatically renewed on the anniversary of your subscription at the subscription rate applicable at the time of the renewal, unless you cancel your subscription prior to the renewal date. When we renew your subscription, we will use the payment method that is associated with your account at the time of the renewal.
If you have subscribed to FoodDX through the in-app purchase function of the Apple App Store, Google Play Store, or any other such service provider, you can only cancel the renewal of your subscription through the use of their services. If you have subscribed through the FoodDX website you can cancel the renewal of your subscription by going to the ‘Subscription’ section of the FoodDX website. If you cancel your subscription, you subscription will not be renewed after your then-current term expires. Please note that you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.