Effective Date: December 31, 2023
These Terms of Use are applicable when you access, utilize, or visit the Livingo website located at livingo.io, the corresponding mobile application, and the services offered through these platforms connecting apartment renters, seekers, roommates, and room renters (collectively known as the "Service"). Livingo.io, referred to as "Livingo," "we," "us," and "our," provides this Service. Your acceptance of these Terms of Use is a prerequisite for utilizing the Service. In the event of disagreement with these terms, please discontinue your use of the Service.
Dispute Resolution Notice:
These Terms of Use incorporate provisions that dictate the resolution of claims between you and us (refer to Section 14 below). This includes an agreement and obligation to engage in dispute arbitration, which, subject to limited exceptions, necessitates the submission of claims to binding arbitration, unless you opt-out according to Section 14 (E). Unless you opt-out of arbitration: (a) you can solely pursue claims against us individually, not as part of any class or representative action, and (b) you can only seek relief (including monetary, injunctive, and declaratory relief) individually.
Introduction
PLEASE THOROUGHLY PERUSE THESE GENERAL TERMS AND CONDITIONS OF USE BEFORE ENGAGING WITH OUR WEBSITE PLATFORM, MOBILE APPLICATION, AND/OR SERVICES (collectively referred to as "Livingo"). THESE TERMS GOVERN THE ACCESS AND UTILIZATION OF THE LIVINGO.IO WEBSITE AND THE ACCOMPANYING MOBILE APPLICATION. THEY CONTAIN ESSENTIAL INFORMATION REGARDING YOUR RIGHTS AND RESPONSIBILITIES.
By accessing, registering, or employing Livingo in any capacity and providing personal data to Livingo, you unconditionally, wholly, and explicitly acknowledge these General Terms and Conditions of Use. As clarified below, these terms constitute a legally binding and enforceable agreement between you and Livingo.
Additionally, please be aware that by registering, accessing, or using Livingo, you are also accepting the legal binding of our Privacy Policy and Cookies Policy. We strongly advise you to meticulously read and comprehend them.
Should you dissent with any of the aforementioned, we kindly request that you promptly cease using and/or accessing the Livingo platform.
Lastly, be informed that these General Terms and Conditions of Use comply with the regulations of the Hong Kong Special Administrative Region Government and the Directive on electronic commerce, specifically addressing electronic commerce and consumer protection effective from January 1, 2022. Accordingly, we provide the following owner details for livingo.io and the Livingo App:
We are Livingo Ltd, referred to as "LIVINGO".
We are incorporated and registered in Hong Kong.
Address: Unit A 9/F Lee May Building 790, Nathan Road KLN, Hong Kong
Our contact email is: contact@livingo.io
Updates to these Terms of Use
We may periodically revise these Terms of Use. Material alterations will be communicated by posting the modified terms on the Service at least thirty (30) days before they become effective. If you disagree with the proposed adjustments, please discontinue your use of the Service before the new Terms of Use take effect. Continuing to use the Service following the implementation of the new terms signifies your acceptance of the modified Terms of Use.
We will provide you with reasonable advance written notice before making any alterations. If you disagree with any amendments to this Agreement, your sole recourse is to discontinue using our Livingo Platform and Livingo Services. By continuing to use these services, you are accepting the revised terms of our General Terms and Conditions of Use and Conditions of Booking Systems.
For business users of online intermediation services, we will give you reasonable notice of at least 15 days and an opportunity to review the changes, unless (i) legal or regulatory obligations mandate changes without allowing such notice, or (ii) urgent situations, such as preventing ongoing abuse, data breaches, or other cybersecurity risks.
We strongly recommend that you regularly review these General Terms and Conditions of Use to stay informed about any necessary changes. If you access our platform after any changes have been implemented to these General Terms and Conditions of Use, you are explicitly agreeing to the new terms and conditions.
Definitions
- Agreement: This encompasses our General Terms and Conditions of Use, Privacy Policy, and Cookies Policy, collectively forming a legally binding agreement between you and Livingo.
- Livingo Booking System: This pertains to the functionality offered by Livingo, allowing users to formalize the Rental of Premises.
- Livingo Cancellation Penalty: It is the fee charged by Livingo to either the Lister and/or the Seeker. Both parties agree to pay this fee if they fail to fulfill the terms of a rental agreement. Non-payment within 30 days may lead to the blocking or banning of the Lister's account. The Livingo Cancellation Penalty serves as compensation for the disruption and the detrimental impact on trust within the Livingo Platform and its community. This fee is considered liquidated damages and not a penalty clause.
- Livingo Content: All material shared through the Livingo Platform and any content owned by Livingo or authorized by third parties on the Livingo Platform.
- Livingo Inbox: A feature of the Livingo Platform that enables registered users to exchange information.
- Livingo Platform: This term encompasses web pages, applications, or other means of access provided by Livingo.
- Livingo Services: These are the services associated with the use of the Livingo Platform and the completion of Rental Requests.
- Livingo Service Fees: Refers to the charges applied by Livingo for providing online platform services, including fees for both Listers ("Livingo Lister fees") and Seekers ("Livingo Seeker fees").
"Enquiry" denotes the exchange of requests between the Lister and the Seeker to discuss Listing details.
"First Transfer" signifies the sum transferred from the Seeker to the Lister following Rental Acceptance, aimed at facilitating a smooth transaction for both parties. This First Transfer amount will be retained for a maximum of ninety (90) days prior to the Move-in Date, after which it will be automatically released and transferred to the Lister.
"General Terms and Conditions of Use" references this specific document.
"Lease" constitutes the private rental agreement between the Lister (the lessor) and the Seeker (the lessee). It is crucial to note that Livingo plays no part in, nor has control over, this contractual agreement.
"Lister" applies to any entity, be it an individual or a legal entity, that lists premises on Livingo for rental by a Seeker. Listers may be property owners, authorized agents, or individuals with permission to rent on behalf of the property owner. It is the Lister's responsibility to ensure that the rental period aligns with the applicable regional and local regulations in the location of the Premises. Listers are considered independent contractors in their dealings with Seekers and are not employees, agents, representatives, joint ventures, franchisees, or independent contractors of Livingo. It's important to acknowledge that Livingo does not oversee or supervise Listers' activities and expressly disclaims any responsibility and liability for services provided by Listers, including any warranties or compliance with laws and regulations.
"Listing" encompasses any premises made available for rent by a Seeker through the Livingo Platform.
"MATCH" occurs when both the Lister and Seeker express mutual interest in each other's profiles. A MATCH is a prerequisite for sending Rental Requests, Rental Acceptances, and using the Livingo Inbox.
"Move-in Date" is the date chosen by the Seeker when confirming the Rental Request as the day they will move into the Premises.
"Move-out Date" is the date selected by the Seeker when confirming the Rental Request as the day they will vacate the Premises.
"Premises" refers to available accommodations listed on the Livingo Platform and open for rental by Seekers. This category includes one-bedroom apartments, studios, full properties, and single rooms, which may include the right to use shared common areas. Notably, shared rooms are excluded from these terms.
"Recommendations" comprise suggestions that Livingo may communicate to Listers based on their registration preferences.
"Rental Acceptance" stands for the formal acceptance of a Rental Request by either the Lister or the Seeker.
"Rental Confirmation" denotes the email dispatched by Livingo confirming the successful completion of the rental of a Listing through the Livingo Platform.
"Rental Rejection" represents the formal declination of a Rental Request, which can be initiated by either the Lister or the Seeker.
"Rental Request" signifies a proposal submitted by either the Lister or the Seeker to finalize the rental of the Premises. This proposal can be initiated within a Listing using the "Request to Rent" feature available on the Livingo Platform. The Rental Request includes specific details such as the Move-in Date, Move-out Date, Deposit amount (if applicable), Livingo Service Fees, and Rent Amount.
"Seeker" refers to any individual or entity registering on the Livingo Platform and making requests to lease or sublease premises through the platform. In both scenarios, "Lease" is the operative term. Notably, the Seeker is not the tenant, lessee, landlord, or owner of the premises.
"Tax" encompasses any relevant taxes.
"User" denotes any individual or entity accessing and utilizing the Livingo Platform. Users must meet the legal age requirements according to the applicable national, regional, and local legislation in the location of the Premises. By using the Livingo Platform, Users assert and guarantee their adherence to these legal requirements.
Livingo.io and Livingo represent online platforms offered by Livingo Ltd. These platforms encompass a website and a corresponding mobile application, allowing users to publish and discover lease offers for extended periods. To ensure smooth utilization of these platforms, it is essential that:
(i) Listers possess the requisite legal rights or legal authorization to lease Premises.
(ii) Seekers have the necessary legal capacity to engage in a lease as lessees.
(iii) The platforms facilitate roommate matching.
It's vital to note that Livingo exclusively operates as a digital conduit, connecting users interested in offering or renting premises for continuous durations of seven days or longer. It is the user's responsibility to ensure that the offered rental duration complies with the local or regional legislation applicable to the Premises' location.
Livingo refrains from providing intermediary services in real estate or lodging/tourist rentals and does not exert influence over user-to-user premises transactions. Livingo stands apart from lease agreements, and such arrangements are the sole purview of the users. Livingo neither governs nor supervises these lease agreements and is exempt from any responsibility regarding disputes or conflicts stemming from these leases. In the event of such disputes, it is the users' duty to address them independently. Livingo refrains from participating in negotiations or mediating disputes emerging from these agreements.
It is highly recommended that both Seekers and Listers thoroughly review the lease or any other contract established between them, as it forms the basis of their relationship. In situations where disputes occur between users on the Livingo Platform or as a result of the Livingo Services, or between users and third parties, Livingo is not obligated to intervene. Users absolve Livingo of any claims, demands, or damages arising from these disputes and their use of the Services.
Users exercise complete autonomy in setting rental prices. Livingo abstains from offering guidance on rental prices and does not bear responsibility for taxes associated with leases. Users themselves are responsible for adhering to laws at the local, regional, state, or national level and explicitly agree to indemnify Livingo in this regard.
Finally, Livingo reserves the prerogative to allocate areas, sections, or pages of the platform for promotional content or sponsored material without necessitating user consent.
Privacy Policy
Apart from the Terms of Use, users are encouraged to review our Privacy Policy, to comprehend how we collect and employ information when users access or use the Service. By assenting to these Terms of Use, users affirm their commitment to adhere to the Privacy Policy's terms and accept the use of their information in accordance with these terms.
Registration and Booking Policy
Registration:
To become a user on the Livingo Platform, users must satisfy the following prerequisites:
- Completion of mandatory fields in the registration form, involving personal details like name, surname, telephone number, etc.
- Explicit acceptance of the General Terms and Conditions of Use.
- Explicit acceptance of the Privacy Policy.
- Explicit acceptance of the Cookies Policy.
Booking Policy
Contracting Parties:
The Booking Policy governs the interaction between Listers and Seekers on the Livingo Platform concerning the operation of the Livingo Booking System, irrespective of any supplementary agreements between the parties.
To utilize the Livingo Booking System, both Listers and Seekers confirm and warrant that they:
- Are of legal age.
- Possess full capacity to promote and lease Premises.
- Will comply with all pertinent laws and regulations applicable to the location of the Premises.
- Have comprehended and wholeheartedly embraced the Agreement.
Formalizing Rentals via Livingo Booking System:
In accordance with electronic commerce regulations, extensive information regarding the Livingo Booking System is provided. This encompasses steps to finalize a rental, confirmation methods, and corrective procedures for information inaccuracies.
Listers must provide the following information:
- Full name.
- Address.
- Billing address.
- Valid payment information.
- Relevant identification, such as ID/VAT/Singapass/SLA numbers, where applicable.
Seekers must provide:
- Full name.
- Address.
- Billing address.
- Valid payment information.
- Applicable identification, like ID/IPA/Singapass numbers, where necessary.
After creating a User Account, Listers can upload information regarding Premises. This includes visuals, availability periods, descriptions, amenities, monthly rent, and deposit details if relevant. The Livingo Platform allows users to communicate through the Livingo Inbox. Users can dispatch Rental Requests, and in cases where a match occurs, communication transpires via the Livingo Inbox.
Users have the freedom to submit multiple Rental Requests. However, once one request is confirmed, any pending requests are automatically canceled. If no response is received after 72 hours, the rental proposal is deemed expired.
When a rental proposal is accepted, and the First Transfer is settled by the Seeker, Livingo acknowledges the rental's details via email and SMS to both the Seeker and the Lister. Users should notify Livingo in cases of confirmation message errors or discrepancies.
Lister and Seeker Responsibilities
After confirmation, it is the Lister's responsibility to furnish additional instructions to the Seeker. The Lister guarantees that the Premises are habitable and that the conditions and terms, including the price, align with the listing. The Seeker ensures the accuracy of the information provided and discloses any pertinent facts to the Lister.
In select situations, Livingo may, at its discretion, deem written agreements between Listers and Seekers as valid evidence for resolving disputes pursuant to Livingo's Cancellation Policy.
Payments
Users acknowledge their commitment to pay applicable Livingo Service Fees, Livingo Cancellation Penalty, Taxes, or expenses in compliance with regulations while using the Livingo Platform. All prices are listed in the respective room's currency and may be subject to additional taxes, such as VAT. Non-payment of Livingo Fees constitutes a breach of the Agreement and may result in legal action.
Users should be aware that foreign exchange fees and price variations based on location may apply to their payments. Users are responsible for any Taxes and obligations linked to Livingo services.
Stripe Technology, Limited is responsible for payment processing for Livingo, subject to the Stripe Connected Account Agreement. Payment transactions between Listers and Seekers are executed by Stripe, a payment service provider. Users grant Livingo authorization to share transaction details with Stripe.
Rental Prices and Taxes
Listers bear the responsibility for ensuring that rental prices adhere to local, regional, state, or national laws. Users exercise autonomy in determining rental prices, but these cannot be modified after a successful rental confirmation. Livingo refrains from providing price recommendations and is not liable for taxes. Users are independently responsible for taxes, obligations, and charges pertaining to leases and expressly agree to indemnify Livingo in this regard.
Member Accounts and Registration
Member Registration:
To access various Service features, user registration is essential. This can be accomplished through Facebook Connect, and by doing so, users grant permission for Facebook-provided information to be used. In cases where a Facebook account is found invalid or inactive, user registration may be rejected.
Member Accounts:
Registered members are obligated to provide truthful and accurate information and to maintain the confidentiality of their accounts. Roomster is not liable for unauthorized account use, and users may be held accountable for losses incurred due to unauthorized access.
Member Obligations:
Representations and Warranties:
User representations include the accuracy of information, compliance with applicable laws, and the legal capacity to enter into the Agreement. When listing accommodations, users assert ownership or necessary rights and compliance with relevant regulations. Users commit to providing accurate and non-misleading descriptions. In specific cases, written agreements can be used to resolve disputes concerning Livingo's Cancellation Policy.
Platform Eligibility and Acceptable Use Policy
(i) By using this platform, you expressly agree and warrant that:
1. You are 18 years old or older.
2. You will comply with all applicable laws, including privacy, intellectual property, anti-spam, tax laws, and regulatory requirements.
3. You will create only one account under your real name.
4. You will provide truthful, accurate, and complete data to Livingo and keep it updated.
5. You will not share information that is defamatory, libelous, obscene, threatening, xenophobic, inciting violence, or discriminatory.
6. You won't disclose your account data to third parties, and you'll be responsible for any third-party use.
7. You will promptly report any loss or disclosure of your username and/or password.
8. You have the legal right to lease/sublease the advertised premises.
9. You will comply with all applicable laws and regulations related to listings and leases.
10. Your account has not been previously restricted by Livingo.
11. You will post content that adheres to Livingo's quality requirements, such as accurate rental prices and truthful information.
Please note that any violations of the above terms may result in suspension, banning, or account cancellation by Livingo, as well as legal actions.
Users are responsible for the accuracy of the information they provide. Livingo reserves the right to deny access to users providing false or incomplete information.
Users are responsible for using their profiles and platform content in compliance with local, regional, state, or national laws, as well as principles of good faith, morality, and public order, as outlined in the General Terms and Conditions of Use.
(ii) You also agree not to:
1. Use the platform for illegal or unauthorized purposes.
2. Share content that infringes on the rights of third parties, including privacy and age.
3. Post illegal, racist, xenophobic, obscene, or misleading content.
4. Alter, copy, or manipulate the platform without authorization.
5. Infringe on intellectual property rights or personal data protection regulations.
6. Harass other users or access their email accounts.
7. Introduce viruses or malicious software.
8. Send mass emails or share email addresses without consent.
9. Carry out advertising actions without Livingo's consent.
10. Harm Livingo's reputation.
11. Distribute or modify content without proper authorization.
12. Use the platform for purposes other than renting premises through Livingo.
A. Users must not use their profiles or platform content for unlawful purposes or to the detriment of third-party rights. Users are responsible for actions taken through their accounts.
Livingo is not responsible for the opinions expressed by users on the platform. Users agree to indemnify and hold Livingo harmless from any claims or liabilities arising from their actions. Users are encouraged to report any violations or abuse, and Livingo will take appropriate action. Livingo may also provide information to authorities if user activity may constitute a crime or offense.
B. Compliance with Laws:
You are solely responsible for complying with all laws, regulations, and requirements related to the listings you post on the platform, including tax, permit, zoning, safety, and anti-discrimination laws. You must handle taxes related to accommodations you list and ensure you have the legal authority to list them.
C. Verification of Authority:
If you are a tenant listing an accommodation, check your rental contract or lease for any restrictions before listing. Listing against your contract may lead to legal actions, including eviction.
D. Insurance:
Livingo does not provide liability insurance. You are responsible for obtaining adequate insurance coverage for your accommodations and must have the necessary coverage.
E. Risks Relating to the Service:
You, as a member, are responsible for the quality, safety, and legality of your listings. Livingo does not control these aspects and does not guarantee the accuracy or fulfillment of listings. You are also responsible for any damage or loss resulting from platform transactions.
Subscription Fees and Automatic Renewals
A. Basic Membership:
Joining the service and creating a profile is free. Basic Membership allows you to search, post, and contact other members. It provides access to potential roommates and certain features.
B. Full Membership:
You can upgrade to Full Membership, which offers additional features like a private mailbox, social connections, and contact options. Rates vary based on your subscription length.
C. Automatic Renewal:
If you subscribe to Full Membership, it will automatically renew unless canceled before the current subscription period ends. Canceling will downgrade your account to Basic Membership. Failure to cancel will result in automatic renewal and a subsequent charge.
D. How to Cancel Your Subscription:
You can easily cancel your Full Membership subscription at any time by following these steps:
1. Log in to the Service.
2. Click on the "Settings" button located under the "Account" tab on your member home page.
3. Click on the "Subscription" link and select "Cancel my Subscription."
Upon canceling your Full Membership subscription, you'll retain access to the Full Membership features until the end of the current subscription period. No additional fees will be charged to your payment account after the cancellation date. Please note that if you wish to delete your account entirely, you can do so after canceling your Full Membership subscription. It's essential to remember that canceled accounts can be reactivated at any time in the future, and only the account holder can initiate the cancellation process. We do not accept cancellation requests via email.
E. Special Cancellation Instructions for Mobile Application Users:
If you signed up and paid for a Full Subscription through a third-party service, such as the Apple App Store or Google Play Store, the payment is processed by the respective Third Party App Store. To cancel your Service subscription, you must do so through the applicable Third Party App Store.
F. Refund Policy:
Refunds are available if no Services have been rendered to you. If you cancel your Full Membership subscription on or before the end of the initial subscription period, you will not receive a refund for any fees paid for that initial period. However, if your Full Membership subscription renews automatically as described in Section 5(C), and you cancel before the end of the current subscription period, you'll be entitled to a pro-rata refund based on the number of days remaining in that period. For instance, if you cancel your subscription on day 10 of a 30-day period for which you were charged $45.95, you will receive a pro-rata refund of $30.63 for the remaining 20 days. To request a refund, you must first cancel your subscription as described in Section 5(D) and then contact Customer Service. Please note that a 15% handling fee will be applied to all refunds.
Rules Governing User Contributions; Prohibited Activities
A. User Contributions:
If you are a member of the Service and logged into your member account, you have the option to submit listings, comments, and content to the Service, collectively referred to as "Contributions." It is crucial to understand that you are entirely responsible for the content of your Contributions and any harm resulting from them when posted on the Service. By creating or making available a Contribution on the Service, you represent and warrant that you:
i. Own or possess sufficient rights to post your Contributions on the Service.
ii. Will not post Contributions that violate privacy rights, publicity rights, intellectual property rights, or contract rights, whether it's ours or any other person's.
iii. Have fully complied with third-party licenses related to Contributions, including any necessary royalties, fees, or other payments.
iv. Will not post Contributions that are defamatory, disruptive, unlawful, offensive, inappropriate, vulgar, indecent, profane, threatening, violent, harassing, or otherwise objectionable.
v. Will not post Contributions that contain advertisements or solicitations for products or services.
vi. Will not post Contributions containing spyware, malware, or other malicious code.
B. Prohibited Activities:
In addition to the obligations described in Section 6(A), you agree that when using the Service, you will not:
i. Use the Service for unauthorized purposes, including collecting usernames or email addresses for unsolicited communications or unauthorized framing or linking to the Service.
ii. Transmit chain letters, bulk or junk email, or interfere with the functioning of the Service.
iii. Impersonate another person, sell or share your profile or password, provide false identification, or violate the privacy or proprietary rights of others.
iv. Post job advertisements or solicitations, or use the Service for hiring purposes.
v. Post any business opportunity that requires an upfront or periodic payment or the recruitment of other members.
vi. Attempt to decompile, modify, reverse engineer, or otherwise interfere with the Service.
vii. Circumvent or interfere with security features or features that restrict the use or copying of Materials or enforce limitations on the Service.
C. Social Media Guidelines:
If you access or use our social media pages on platforms like Facebook, Pinterest, Twitter, Instagram, or YouTube, or post reviews or comments regarding your Service experience on these platforms or third-party websites, please adhere to the following guidelines:
i. Be polite and courteous; refrain from offensive language or behavior.
ii. Ensure your posts come from a real person; fake or anonymous profiles may be deleted.
iii. Verify the accuracy and factual nature of your submissions; negative comments may have legal implications.
iv. Share complaints or concerns privately with us before public posting for resolution at contact@livingo.io.
Rights in Contributions
A. Ownership of Contributions:
We do not claim ownership of the Contributions you post on the Service. You retain any rights associated with your Contributions, including intellectual property rights.
B. Grant of License to Us for Contributions:
By making a Contribution to the Service, you grant us a perpetual, non-exclusive, fully-paid, sublicensable, and worldwide license to use, modify, create derivative works, display, and distribute your Contribution in connection with the Service, our business, or promotion. If you cancel your membership or we terminate your access, your Contributions may remain accessible to other users, subject to our archives.
8. Our Intellectual Property Rights:
Except for user Contributions, all content on the Service and related trademarks, service marks, and logos are owned by us and subject to intellectual property laws. You may use the Materials for personal use only and not for commercial purposes. We reserve all rights related to the Service and Materials.
Our Management of the Service; User Misconduct
A. Our Right to Manage the Service:
We reserve the right to monitor and enforce these Terms of Use, report violations to authorities, manage the Service to protect rights, and screen users or members. We may also attempt to verify user statements and monitor disputes, as well as terminate or block users for rule violations.
B. Interactions with Other Users:
We do not verify user identity or the accuracy of information provided. You are responsible for assessing the identity and suitability of other users. We do not investigate users' reputations, morality, criminal history, or submitted information. Be cautious when dealing with strangers, and avoid posting personal contact information. Opinions expressed in Contributions do not represent our views.
C. Scams:
We take scams seriously and may report fraudulent activities to the police. Be mindful of potential scams involving high-value cashier's checks, requests for payment via wire transfer, or offers to send cashier's checks and requests to wire money.
D. Reporting Member Misconduct:
If you believe another member has engaged in inappropriate or illegal conduct, please report it to the appropriate authorities and contact us at contact.livingo@gmail.com. We encourage reporting but are not liable for member actions and are not obligated to take action upon your report.
E. Our Right to Terminate Users:
We reserve the right to deny access to the Service for any reason, without notice or liability, as permitted by applicable law, including for breaches of these Terms of Use or applicable laws.
Third Party App Stores
The availability of the Service may rely on Third Party App Stores. These stores have their own terms and conditions that you must accept before downloading the Service. If their terms are less restrictive or conflict with these Terms of Use, the stricter terms within these Terms of Use apply.
Third Party Sites
The Service may include links to Third Party Sites. We don't own or operate these sites and do not endorse the materials or services they offer. Review the terms and conditions and policies of Third Party Sites before using them.
Warranty Disclaimer; Limitation on Liability
A. Disclaimer of Warranties:
The Service and its content are provided "as is" and "as available," without any warranties or conditions. We do not guarantee specific results, endorse any Contributions or materials, or make representations about their accuracy or non-harmful nature. Your use of the Service is at your own risk.
B. Limitation on Liability:
We disclaim all warranties and representations related to the Service, and we assume no liability for errors, personal injury, unauthorized access, interruptions, viruses, or any loss or damage. To the extent permitted by law, we and our affiliates disclaim all warranties, including any implied warranties. You agree to use the Service at your own risk, and we are not liable for any damage or loss.
Intellectual Property Rights
Livingo Ltd. holds ownership or licensing rights to all intellectual and industrial property rights associated with the Livingo Platform, including the accessible content. These intellectual property rights encompass the Livingo Platform itself, including elements such as texts, images, graphic design, navigation structure, the AI Chatbot, and the information contained therein. Livingo has exclusive rights to exercise and exploit these properties in all forms, including reproduction, distribution, public communication, and transformation, in accordance with relevant intellectual and industrial property laws.
User access authorization to the Livingo Platform does not imply any waiver, transmission, license, or total or partial transfer of intellectual or industrial property rights by Livingo. Deleting, bypassing, or manipulating the contents of the Livingo Platform in any way is strictly prohibited. Modifying, copying, reusing, exploiting, reproducing, publicly communicating, making secondary or subsequent publications, uploading files, mailing, transmitting, using, processing, or distributing all or part of the Livingo Platform's content for public or commercial purposes is not allowed without express written permission from Livingo or the rightful rights holder.
Software licensed and/or developed for Livingo is protected by national and international regulations governing intellectual and industrial property rights.
Users who share content through the Livingo Platform must ensure they have the necessary rights to do so, absolving Livingo of any responsibility for the content's legality and accuracy.
Livingo explicitly prohibits activities such as "framing" or the use of mechanisms by third parties that alter the original design, configuration, or contents of the Livingo Platform.
In cases where users intend to establish links or hyperlinks to the platform, they must adhere to the following conditions:
- The link should provide access to the Livingo Platform as set up by the provided API.
- The link must not replicate the appearance or contents of the Livingo Platform.
- Users should refrain from making false, inaccurate, or incorrect statements about Livingo, its directors, employees, or collaborators.
- It should not imply that Livingo has authorized or supervised the third-party operator's services.
- The website, platform, or system containing the link should not display any Livingo trademarks, trade names, logos, slogans, or other distinctive signs.
- Content should not infringe upon the rights of privacy, publicity, or any other rights of third parties.
- It should not contain illicit, obscene, pornographic, indecent, or offensive information.
- Users must avoid promoting actions, attitudes, or thoughts that are discriminatory based on various personal or social characteristics.
The establishment of a link does not imply a direct relationship between Livingo and the website owner, and Livingo does not accept responsibility for the quality, legality, reliability, or usefulness of linked websites.
Limited Liability
In no event shall we be liable for indirect, consequential, incidental, special, or punitive damages, including lost profit damages, arising from your use of the Service, contributions, materials, or any other content therein. Our liability is limited to a maximum of $50 for any loss or damage incurred by you. These limitations may not apply if your state or jurisdiction does not permit such exclusions or limitations.
Indemnity
You agree to indemnify, defend, and hold harmless Livingo, its officers, directors, and employees from any loss, cost, damages, liability, or expenses, including reasonable attorney fees, arising from:
- Third-party claims, actions, or allegations of infringement based on information or content you submitted.
- Fraud, manipulation, or other breaches of this agreement by you.
- Third-party claims, actions, or allegations against Livingo arising from your use of the Service, including claims alleging illegal discrimination.
You are not required to indemnify Livingo for claims resulting from Livingo's own negligent conduct.
Legal Disputes and Arbitration Agreement
In the event of a dispute, both parties agree to seek resolution through consultation and good-faith negotiations before initiating arbitration. If a resolution is not reached within 30 days, either party may initiate binding arbitration. This arbitration will be conducted individually, and the class action or representative action waiver is enforced. You have the right to opt out of arbitration within 30 days of registering for the Service. Small claims court claims are exempt from arbitration. Legal remedies that are not available through arbitration shall be filed with an asymmetric jurisdiction clause.
Notice to International Users
The Service is operated from Singapore, and we do not guarantee its suitability or availability in your location. You are responsible for complying with local rules and laws applicable to your use of the Service.
No Modifications by Our Employees
Statements made by our employees do not represent Livingo, and you should not rely on them.
Independent Contractors
No agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship exists between you and Livingo.
Non-Waiver
The failure to enforce any rights or provisions of these terms does not constitute a waiver.
Severability
If any provision is deemed unlawful or unenforceable, it will be severed from the terms, which will remain valid.
Assignment
We may assign our rights under these terms without your approval.
Entire Agreement
These terms constitute the complete and exclusive agreement between the parties, superseding all prior agreements or discussions.
Contact Information
For any questions about the Service or these terms, contact Livingo Ltd. via email at contact@livingo.io or by phone at +65 93904430.
Copyright © 2024 Livingo - All Rights Reserved.
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