Io Healthings Sdn Bhd operates the Helement Service. Helement Service is a health and wellness industry specialized solution, which is consisted of mobile application, website portal and backend managing platform, enable health enterprises to serve their users to track fitness activities and get healthier.
Your download, installation, use, landing means you have read and agreed to the binding of this agreement.
I. SCOPE OF THE TERMS
1.1 The Agreement is between you and Helement, and the effect of this agreement and all products and services provided by Helement shall be bound by this agreement.
1.2 Products and services under this agreement refer to Internet products and services issued by Helement including but not limited to Internet media, Internet value-added services, smart devices, consultation services, meal services, interactive entertainment (in the form of, but not limited to, video, pictures, software, technical code, etc.).
1.4 Helement owns the right to revise the agreement and/or various rules (including but not limited to new terms and amendments to existing provisions) as required and to make a change announcement in the form of an online bulletin without notice to you separately. However, when any significant changes are made, Helement will notify you via Helement App or other means before the changes become effective. The amended agreement and rules automatically become effective upon publication, immediately or at a specific time when the announcement is clear. If you continue to use Helement product or service after the above notice is amended, you are deemed to have read, understood and accepted the revised agreement and rules. If you do not agree to the amendment, you should immediately stop using the products and services provided by Helement.
1.5 Except as expressly provided herein, Helement shall have the right to standardize on the basis of this agreement, through a separate product and service agreement (hereinafter referred to as “individual product agreement”), for the use of the products and services developed/released by Helement, and you shall be informed and confirmed in the application of the product or service. Where a single product agreement is in conflict with this agreement, the individual product agreement shall prevail. If you use the product or service, it is regarded as acceptance of the relevant individual product agreement.
II. PRODUCT AND SERVICE INTRODUCTION
2.1 Helement provides you with a wide range of Internet products and services, including but not limited to fitness training consultations, meal consultations, and other related products. You may use, share, purchase products and services provided by Helement. You have the right to receive the products and services provided by Helement. Helement has the right to charge the resulting service or product fees which is published in sales contract.
2.1.1 This App will generate recommendation to you in respect of your diet, physical training and such other advice(s) or recommendation(s) by analyzing the body or health data provided by you or the combination of both (collectively the “Recommendation”).
2.1.2 The Recommendation are for reference only and shall not be relied upon without consultation and/or advice obtaining from relevant professional and expertise, such as medical practitioner, physician, nutritionist and or trainer, as such Helement and its affiliated or associated (collectively “Helement”), the owner/licensee of this App provides no warranties as to the result of the Recommendation, whether express, implied or statutory, or fitness for purpose. The entire risk as to the quality and result of the Recommendation is with you. Neither Helement nor the owner/licensee of this App warrants that the Recommendation will meet your goals or requirements or that the Recommendation is free from potential risk of causing personal injuries.
2.1.3 This App will not give you any medical advice and that the Recommendation does not at any time form any medical advice relating to your physical condition and/or the ability to participate in any form or any kind of training or to consume certain/particular style/type of diet. If you have any health or medical concerns you should consult your medical practitioner or physician.
2.1.4 Helement and/or the owner/licensee of this App do not recommend this App as a replacement, alternative or addition to conventional diagnosis and/or treatment. It does not replace the need for the conventional diagnosis, treatments nor will it cure or prevent any disease. This App is not intended as a substitute for or addition to medical care or treatments. There has been no medical and/or clinical trial for this App. You must bear in mind that even minor symptoms can be a sign of a serious underlying condition, and a timely diagnosis by your medical practitioner or physician may reduce severe problems. It is not advised that you cease seeking medical advice from your medical practitioner or physician or to cease taking prescription medicine while using this App.
2.2 Helement operators will do their best to provide unimpeded online services, but the platform’s network access services may be affected by a number of factors linked to the blocked, restricted or terminated. We will not be responsible for the loss or inconvenience caused.
2.3 Helement provides some of the products and services to be paid for use, you need to pay to use such products. If you refuse to pay, Helement operator has the right not to provide you with the charging products and services.
2.4 Helement only provides online products and services. Network services related to equipment (such as mobile phones, the personal computer, and other devices connected to the Internet or mobile network, and the costs (such as telephone and internet fees paid for access to the Internet, mobile charges for the use of mobile networks) should not be borne by Helement.
2.5 Replacements, modifications, and upgrades
2.5.1 In order to enhance your experience and perfect the service content, Helement has the right to develop new service according to your use state and behavior of Helement App;
2.5.2 For the improvement, enhancement and further development of services, Helement has the right to provide software updates (including software upgrades, modifications, enhancements, version upgrades, etc.).
2.5.3 You understands and agrees that Helement has the right not to give you special notice to update, or to change or restrict part of the functions.
2.5.4 When a new version is released, the old version may not be available. Helement operator does not guarantee the old version will continue to be available. For full and timely use of Helement services, please check and download the latest version at any time.
2.6 Third-party applications and services
Helement provides functional modules that support third-party applications for you, including but not limited to tools, video or picture-type services. When using such an application, you shall comply with the provisions of this agreement and the corresponding agreement, terms or rules of the application. The rights and obligations between you and the developer are executed in reference to the relevant agreement, terms or rules. When using the software and services provided by a third party, you must understand and agree:
2.6.1 When you use the application and service provided by the third-party developer, the third-party developer will obtain your personal data and content with your authorization. Such information are decided by yourself whether or not to a third party. You must be clear that Helement operator is not responsible for the disclosure of information that may occur after the personal data and content information is provided to a third-party developer.
2.6.2 Helement has the right to audit and manage the application provided by the third-party developers. Helement have the right to inactive the third-party application without notifying you. Helement operator will not be responsible for such impact or loss. However, Helement will try best to protect your rights against infringement.
2.6.3 Any dispute between your and the third party developers will be resolved by yourself and the developers, and the relevant liability and compensation shall be borne by the third party developers alone, not by Helement operator.
III. INTELLECTUAL PROPERTY
3.1 Helement owns all rights to Helement products (including but not limited to intellectual property rights and ownership) according to law. All copyrights and all other intellectual property rights of Helement, and all information related to Helement, including but not limited to: words and their combinations, icons, ornaments, color combinations, interface design, layout frames, relevant data, printing materials, or electronic documents are protected by relevant laws and regulations of China’s intellectual property rights and relevant international treaties.
3.2 All rights of Helement products and information provided by Helement products, such as video, picture, technical software, etc. are attributable to Helement, except those uploaded by users or explicitly identifies them to be provided by a third party.
3.3 Helement has patent rights, patent application rights, trademarks, copyrights and other intellectual property rights in relation to Helement products and related services. Helement does not grant you any intellectual property rights because of this agreement or the related products and services to you. The rights not expressly granted to you herein are reserved by Helement.
IV. PRIVATE POLICY
4.2 You may need to fill out some necessary information in the process of registering your account or using Helement products and services. If the local laws and regulations have special provisions, you also need to fill in the real identity information. If you fill in incomplete information, you may not be able to use Helement products or services, or be limited in the course of use.
4.3 Helement will not transfer or disclose your personal information to any unrelated third party unless:
4.3.1 Relevant laws and regulations or the requirements of the courts and government authorizations;
4.3.2 Transfer to complete the merger, division, acquisition or transfer of assets;
4.3.3 To provide the services you require;
4.3.4 Other circumstances where Helement determines that it is necessary and does not violate the mandatory provisions of laws and regulations.
4.4 Helement attaches great importance to the protection of minors’ information. If you are a minor under 13, you should obtain the consent of your legal guardian prior to using the Helement service.
4.5 By using this App you agree to provide data of your body and health for analysis by the system connected to this App.
V. USER ACCOUNTS, PASSWORD, AND SECURITY
5.1 Registration Qualification
You confirm that you shall be a natural person, legal person or other organization with full civil rights and full civil capacity when you have completed the registration process or have actually used the products and services provided by Helement. If you do not have the aforementioned subject qualification, you and your guardian shall bear all the consequences resulting from it, and Helement shall have the right to cancel or permanently freeze your account and retain the right to claim compensation from you or your guardian. Minors under 13 shall use Helement products and services under the guidance to avoid indulging.
5.2 Registration and Account
For the full use of the products and services provided by Helement, you are required to register the account provided by Helement. You are responsible for the authenticity, legality, validity and completeness of the information provided when you register the Helement account. You are responsible to maintain and update your personal information in a timely manner to ensure the authenticity, legality and validity of the information.
5.3 Helement specifically remind you to protect your account and password and do not disclose the account number and password to others. You are responsible for keeping your account and password confidential and responsible for all activities that occur under your account and password (including but not limited to, information disclosure, information dissemination, online Click Approval or submission of various rule agreements, online renewal agreements or purchase services, etc.). Helement cannot and will not be liable for any loss incurred as a result of your failure to comply with the provisions of this agreement. If you find any unauthorized use of your account and password, you must immediately notify Io Healthings. You can send an email to firstname.lastname@example.org to present your request. You must understand and agree that Helement shall take reasonable time to act upon your request and Helement not be liable for any adverse consequences that have been incurred prior to taking action.
5.4 You shall provide actual legal name during registration. Failure of doing so may result in degradation of service. Helement has the right to terminate some or all services. You will bear any loss and adverse consequences arising from it.
5.5 You agree to authorize the Helement operator to use the information for the following reasons:
5.5.1 Perform software verification and upgrade service;
5.5.2 Improve your security or provide customer support;
5.5.3 When providing specific services at your special request, it is necessary to provide the information to Helement or third parties or other users associated with it;
5.5.4 The use of various private privacy data for commercial purposes, including but not limited to providing value-added services, advertising, positioning advertising, marketing, joint registration, promotional or other activities to third parties;
5.5.5 At the request of the judicial or the Government authorizations;
5.5.6 To improve the user experience;
5.5.7 Other circumstances which benefit the users and Helement, and do not violate any mandatory laws and regulations.
VI. USER’S INSTRUCTION
6.1 You agree to use Helement products and services in compliance with the following provisions:
6.1.1 All acts carried out in accordance with local laws, regulations and Helement’s rules and requirements, not contrary to social public interest or public morals, not to harm the legitimate rights and interests of others, do not violate the relevant rules of this agreement.
6.1.2 Unless otherwise agreed by you and Helement, you shall not make commercial use of any data/information in the Helement, including but not limited to the use of all information or courses displayed in Helement in any manner, such as reproduction and dissemination, without the prior written consent of Helement.
6.1.3 Not using any device, software or program to intervene or attempt to intervene in the normal operation of Helement or any transactions or activities being carried out on the Helement.
6.1.4 Except as otherwise mandated by law, no individual or organization may in any way illegally in all or part copy, reprint, quote, link, crawl or otherwise use the contents of the Helement product without express special written permission by Helement.
6.2 You fully understand and agree:
6.2.1 If you violate the foregoing undertakings and produces any legal consequences, you shall bear all the legal liability independently in your own name, and ensure that Helement is free from any loss or additional costs incurred.
6.2.2 If you violate the law or the provisions of this agreement to cause Helement to be claimed by the third party, you shall pay all the costs to Helement (including but not limited to compensation, attorney fees and other reasonable expenses for this purpose).
7.1 You understand and agree that the use of Helement may encounter force majeure and other risk factors to cause interruption or delay. Helement will strive to repair products and services. However, Helement is exempted for such damage caused according to local laws.
7.2 Within the scope of law, Helement is not liable for termination of service or obstruction caused by the following circumstances:
7.2.1 Be damaged by computer virus, Trojan horse or other malicious program and hacker attack;
7.2.2 User’s computer software, system, hardware and communication lines fail;
7.2.3 Improper operation of users;
7.2.4 Use of the service is in a way without Helement’s authorization;
7.2.5 Others that cannot control or reasonably foresee.
7.3 You understand and agree that in the use of Helement products and services may encounter network information or the risks and damage by other users. Helement is not responsible to the authenticity, applicability, legality of such risks and damages. These risks and damages include but are not limited to:
7.3.1 Information that contains threats or defamation from anonymous or false impersonation;
7.3.2 Any psychological, physical or financial damage caused because of other user’s misleading.
7.4 Helement has the right to deal with unlawful content, product or service according to this agreement, but the right does not constitute Helement obligations and undertakings. Helement does not guarantee timely discovery and make corresponding treatment.
7.5 For individual product operators through Helement, the individual product operators is responsible to all the duties and obligations.
7.6 Helement and/or the owner/licensee of this App assume no liability whatsoever caused by your use of this App including but not limited to personal injuries to you either directly or indirectly, immediate or in long term.
7.7 You acknowledge and undertake that you assume complete and full responsibility for and all risk(s) and danger(s) either inherent or not and any loss and damage suffered (including without limitation to personal injury or death) whether mentioned herein or not and whether known orunknownand hereby release Helement and the owner/licensee of this App from all and any duty of care in respect of this App.
7.8 By using this App you waive any and all claims that you have or may have in the future that may be made by you, your family, estate, heirs, or assigns and release, indemnify, and hold harmless against Helement and/or the owner/licensee of this App as well as all sponsors and advertisers of and their respective officers, affiliates, agents and employees with respect to any and all loss or damage (including but not limited to personal injury or death) and expense that may arise out of or in connection with or occasion thereto. You expressly agree that this waiver or release is intended to be as broad and inclusive as permitted by applicable law and if a portion of this release is held invalid.
7.9 You represent and warrant that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of this App.
7.10 The information which Helement's employees give in respect of this App and the system behind it is for general information purposes only. Helement makes no representations or warranties of any kinds in respect of the completeness, accuracy, reliability, suitability or availability of the information. Any reliance you place on such information is therefore strictly at your own risks. In no event Helement and/or the owner/licensee of the App shall be liable for any losses or damages, including without limitation, indirect or consequential losses or damages, or any losses or damages whatsoever arising from the use of this App.
VIII. SUSPENSION, ALTER OR TERMINATION
8.1 You should lawfully use products and services, otherwise, Helement has the right to take the following measures:
8.1.1 Suspending or restricting your right to use Helement and its products and services, including but not limited to restricting your full or partly use of its functions;
8.1.2 Terminate your right to use Helement.
8.2 Helement has the right to suspend, alter, terminate its products or part of its functions in accordance with the development, and to decide whether or not to provide certain products and services in Helement. Helement does not have an obligation to notify you about the foregoing information.
8.3 Unless stipulated by the local law, you have the responsibility to back up the data stored in Helement. When your service is terminated, Helement operator has the right to permanently delete all relevant data of you from the server, and does not have the obligation to return or in any form provide to you.
XI. APPLICABLE LAW AND DISPUTE RESOLUTION
11.1 This agreement is signed in Hong Kong SAR, People’s Republic of China.
11.2 The establishment, performance, interpretation and dispute settlement of this agreement shall apply to the laws of the Hong Kong SAR (excluding conflict of laws).
11.3 If any dispute or dispute arises between you and Helement, you may choose to negotiate with us, or you agree to submit the dispute to Hong Kong International Arbitration Centre. The arbitration shall be final and binding on both parties.
12.1 If any terms in this agreement are invalid or not enforceable for any reason, it shall not affect the binding force of the remaining provisions.
12.2 The title of the terms of this agreement is provided for readability only and shall not be construed as a basis for interpreting the terms of this agreement.