Terms and

Conditions


Please read these terms and conditions (the "Terms and Conditions") carefully as they apply to your access and/or use of any information, materials or features/functions available in the LiveWell app and web portal, where available, provided by LiveWell (the “Platform”), unless separate Terms and Conditions are presented to you related to specific features/functions.

The Platform is owned and operated by Zurich LiveWell Services and Solutions Ltd, Gerbergasse 5, 8001 Zurich, Switzerland, UID: CHE-155.782.803 ("ZLW", “we” or “our”).

Reference to “Zurich Group” means Zurich Insurance Company Ltd, Switzerland a wholly owned subsidiary of Zurich Insurance Group Ltd Switzerland and all its subsidiaries and affiliates.

Reference to “Service” or “Services” means the services provided in the context of the Platform.


Services

Our Platform makes it easy to make your health a priority by connecting you to an ecosystem of trusted wellbeing resources across physical, mental, financial and social health in one convenient place. We will provide you with personalized recommendations and suggestions to support your wellbeing journey and to help you make your health a habit. The availability and features on the Platform may vary depending on where you live, on the device used, or the version of software or operating system it has. For more details, please see our website and other informational material made available to you.

 

Platform Access

Your access to the Platform and use of our Services is subject to your acceptance of and compliance with these Terms and Conditions. By accessing the Platform or using our Services you agree to accept and be bound by the current version of these Terms and Conditions. In case you do not agree to the current version of these Terms and Conditions, you are not authorized to continue accessing the Platform or using our Services.

You are responsible for making all arrangements necessary to access the Platform including the completion of the registration with clear and accurate information. Also, you are responsible for ensuring that your computer and/or portable device is compatible with the Platform.

You are responsible for ensuring that all persons accessing the Platform through your internet connection are aware of these Terms and Conditions.

My Rewards (only available in certain regions)

General. In certain regions you may have access to the ZLW My Rewards program (the “My Rewards”). My Rewards allows you to collect Points as further explained in the Platform. The collected Points can be redeemed for rewards displayed in the Rewards section. Redeemed rewards are issued as vouchers. Rewards and vouchers are subject to the terms and conditions imposed by the reward providers.

Collecting Points. When you complete specific activities, they are credited with a number of Points set by ZLW (more details to be found in the Rewards section “How to earn more Points”). We have full discretion to determine the set-up of My Rewards and in particular to decide which activities are eligible for collecting Points, the amount of Points attributed to such activity, the size of a reward and what proof is needed. ZLW may also make changes to My Rewards at any time. If we do make significant changes to My Rewards you will be notified in your ZLW account or via email. Any competitions associated with activities may also have their own terms of use. These are listed in the description of each activity.

Points have no cash value and may be used only in accordance with these Terms and Conditions. Points may not be purchased, sold, bartered or given, except as expressly permitted in these Terms and Conditions.

The number of Points that can be collected is limited per calendar year to the number provided to you on the Platform. When the annual Point limit is reached, you cannot collect any more Points in the current calendar year.

In terms of redemption, Points are only redeemable as long as you have an active ZLW account and may expire as communicated with at least 30 days’ notice to you via the Platform. When participation in the My Rewards is ended – either by you or ZLW – the Points collected up to that point cease to be redeemable and your Points will be generally forfeited with immediate effect. Any Points collected are neither substitutable, transferable nor inheritable. Points may not be converted into cash.

ZLW reserves the right to make corrections at any time (e.g. to deduct Points) if errors have occurred or a user has unjustifiably been awarded Points. This may be the case, for example, if a subsequent check shows that a user has provided false information.

Further, we reserve the right to disqualify any user from participating in the My Rewards and to invalidate any or all Points at any time for valid reason such as abuse, fraud or any violation of the Terms and Conditions.

You are responsible for any taxes that may be owed as a result of Points earned and/or redeemed. Please consult a tax advisor if you have tax questions about the My Rewards. ZLW does not provide tax advice. ZLW is not liable for any fraudulent, abusive or unlawful activity conducted outside of the Platform in relation to My Rewards.

Redeem Points for rewards. You have the opportunity to redeem the Points you have collected for rewards provided by reward providers and displayed in the Rewards section of the Platform. Rewards may include donations to charities. A reward may be sponsored, in such case the respective sponsor will be indicated to you on the reward.

Rewards and reward providers are subject to availability, change and may be discontinued without notice. Most rewards are limited to a certain number as determined on the reward. Some rewards are limited to certain countries and / or groups. Rewards if redeemed are issued as vouchers of the respective reward provider. You find your vouchers in the Redeem section of the Rewards section.

Vouchers are subject to the terms and conditions imposed by the reward provider, which, in most cases, appear on the reward and the voucher. Use of any voucher is subject to any additional restrictions listed on the voucher or in the reward provider’s terms and conditions.

Fulfillment of the voucher is the sole responsibility of the participating reward provider and vouchers are valid at the respective reward provider only through the expiration date. Expiration of vouchers is subject to the terms and conditions of the reward provider. Check the details on the voucher and the individual reward providers terms and conditions for specific expiration dates.

Vouchers are not refundable or exchangeable and are not replaceable in the event of loss or destruction. Vouchers are void where prohibited by law.

ZLW is not responsible for any reward provider performance or for the problems or defects of any merchandise received or services consumed using a voucher or for failure of reward provider to perform because of bankruptcy, insolvency or any other reason.
For more information about how Points can be earned please see in the Rewards section “How to earn more Points”.

Redeem Points for digital items. We may provide you with the opportunity to redeem your Points for digital items (“Digital Items”) on the Platform. Digital Items may for example enable you to personalize certain elements within the Platform, perform certain actions or unlock content. Such Digital Items may be sponsored, in such case the respective sponsor will be indicated to you.

Digital Items are only available and functioning within the Platform, and may be limited to certain countries or Groups. Digital Items are subject to change at our sole discretion and may be discontinued without notice. Digital Items are not refundable, substitutable, transferable and have no cash value. They are not replaceable in the event of loss. Digital Items may expire as communicated.

Questions or complaints
If you have any questions or complaints regarding the availability, validity and/or management of your Points or My Rewards, please contact us at support.livewell@zurich.com.

 

Boost (only available in certain regions)

In certain regions you may have access to boosts, which are challenges e.g., relating to activities or meditation, among certain or all users of the Platform (“Boosts”). By participating in a Boost, you acknowledge that such participation is a potentially hazardous activity and that you are participating at your sole risk and responsibility. You further acknowledge that you will not make use of means or behave in a way that can reasonably be considered as contrary to the general rules of fairness. ZLW reserves the right to screen and verify your activity, and to temporarily or permanently exclude you from Boosts in general or to suspend or terminate your account in case we reasonably believe that such measure is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce any acknowledgements you made, including the investigation of a potential violation thereof, or to (iii) protect the rights, property or safety of ZLW, its users and the public. ZLW will use your contact information to send you motivational messages in connection with Boosts. In cases where Boosts feature prizes (e.g. Points), the prizes will be allocated to user(s) fulfilling the winning conditions. The assessment of such winning conditions is separately defined for each Boost and at full discretion of ZLW.

 

Communications

As part of the Service we will send you emails which provide you with technical information such as for example when you have joined a group, when a reward has been redeemed, when one of our rewards providers has joined or left the Platform, or to confirm an account deletion.

We will also send you emails which contain service information such as:

  • a summary of your use of the Platform over the last week;
  •  information about technical features in the Platform (including technical features that we have recently added);
  • personalized recommendations based on your health goals and achievements as part of your use of the Platform and the provision of our Services; and

information about the availability of Boosts that the organization that pays for your subscription (or other affiliations or groups such as insurance companies or rewards partners with whom you are associated) is taking part in or hosting and Boosts that are generally available to all users of the Platform, that are not linked to rewards or incentives.

You may be able to opt out of certain of these communications by clicking the ‘unsubscribe’ link in the email or using the details in the ‘Contact us’ section below.

We may send other marketing communications to you with your consent. For further information, please see our Privacy Notice available on the Platform.

 

Local access restrictions

The Platform is not directed to any person in any jurisdiction where (by reason of that person's nationality, residence, citizenship or otherwise) the availability of this Platform and its content is contradictory to local laws or regulations. Persons with respect of whom such restrictions or prohibitions apply must not use the Platform.

You are using the Platform on your own initiative and declare being of age and also otherwise entitled to enter into legally binding agreements.

 

General disclaimers

We are committed to constantly improving and developing the Services. Therefore, the Services may change, also without prior notice. Further, any part of the Services may be suspended (permanently or temporarily) without prior notice.

We will try our best to make sure that the Platform is accurate, up-to-date and free from bugs, but we cannot promise that it will be and you are responsible for putting in place your own internet security and safety measures.

EXCEPT AS STATED IN THESE TERMS AND CONDITIONS, THIS PLATFORM AS WELL AS THE MATERIAL AND INFORMATION ON THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ZLW, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, CONDITIONS, AND TERMS IMPLIED BY STATUTE, GENERAL LAW OR CUSTOM, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NO REPRESENTATION OR WARRANTY IS MADE REGARDING CONTENT, FUNCTIONALITY, LINKS, OR COMMUNICATIONS AND NO REPRESENTATION OR WARRANTY AS TO DEFECTS OR ERRORS OR CORRECTION OF THE SAME, COMMUNICATION INTERRUPTIONS OR INTERCEPTIONS OR AVAILABILITY OF DATA, OR THE ABSENCE OF VIRUSES OR OTHER HARMFUL COMPONENTS ARE MADE.

Our goal is to provide helpful and accurate information on the Platform, but as stated above, we make no endorsement, representation, or warranty of any kind about any information on the Platform.

All information provided on the Platform is under the condition and understanding of it NOT being interpreted or relied on as medical, health, financial, investment or other professional advice or as advice on specific facts or matters. If you rely on information provided by the Platform, you choose to do so at your own risk.

The Platform provides you with various health, wellbeing, financial and similar information (the “Information”). Although all reasonable steps have been taken to ensure that Information contained on the Platform is accurate, safe, and up-to-date, no representation or warranty, express or implied, is made by ZLW as to the accuracy or completeness of the Information and ZLW accepts no liability for any damage that may result directly or indirectly, from the use of the Information. The Platform does not provide investment advice or other personal consulting services. The Platform is not a medical device and shall not be used for medical purposes (such as diagnostic, monitoring, prediction of a disease). The contents on the Platform are intended for informational purposes only and in particular, do not act as a substitute for seeking medical advice, diagnosis, and treatment from a health or medical professional.

 

Limitation of liability

Subject to the limitations in these Terms and Conditions, neither ZLW, nor any member of the Zurich Group, is liable for any cost or damages, including any direct, indirect, special, incidental, or consequential damages (including without limitation any direct or indirect loss of profits or revenue, loss of anticipated savings, loss of or damage to data or loss of goodwill), arising out of or in connection with the access or use of, or the inability to access or use the Platform or any of its functions or features, including in connection with any information, data, text, images, or other material accessible through the Platform or any website linked to or linking into the Platform.

Further, we will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any content on it, or on any website linked to it.

In case you have access to My Rewards, ZLW remains unrelated to any dispute that may arise between you and the reward providers and/or any other third party in relation to the use of the rewards. By participating in My Rewards and redeeming and using rewards earned via My Rewards, you discharge ZLW from all claims, damages or liability, arising directly or indirectly out of your participation in My Rewards.

The laws or regulations of some countries, states or jurisdictions do not allow the exclusion or limitation of liability for certain losses or damages. If such local laws or regulations apply to your use of the Platform, ZLW’s liability shall be limited to the fullest extent permitted under such applicable laws or regulations.

Nothing in these Terms and Conditions is intended to exclude our liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter for which it would be illegal for us to limit or exclude our liability.

For German residents only: In the event of slight negligence, ZLW shall be liable only for breaches of a material contractual obligation, or “cardinal duty”. “Cardinal duty” is an obligation where the fulfilment of the obligation makes the implementation of this contract possible in the first place, and therefore on which you may generally rely. In the event of a breach of a “cardinal duty”, our liability to you shall be limited to the typical, foreseeable damages.

 

Intellectual property

"LiveWell" (fig.) is a registered trademark of Zurich Insurance Company Ltd that has granted a license to ZLW. Except as indicated otherwise, all intellectual property, especially copyright and trademark rights, and similar rights in the information, text, graphic images, logos, features or functions, and layout (including the "look and feel") contained on the Platform are the exclusive property of ZLW or the property of third-parties that have granted ZLW the applicable license, and may not be copied, reproduced, posted, transmitted or distributed, in whole or in part, in any form (electronic or written) without first having obtained ZLW’s express written consent (except for the below).

Nothing on the Platform should be construed as granting a license or any other right to use any copyrights, trademarks or logos. Moreover, the downloading or printing of any materials on the Platform will not result in the transfer, explicit or implied, of any rights. You may, however, download or print any content on the Platform for personal, non-commercial use only, provided you do not remove any copyright or other proprietary right notice.

The copyright in some documents and other material available on the Platform may belong to third parties and such documents and other material have been produced on the Platform with the permission of the third-party copyright owners. You must check copyright notices on or in respect of such documents or material.

 

Privacy

The privacy of your personal information is important to us. Any personal information that you provide to us will be dealt with in accordance with our Privacy Notice (available on the Platform), which explains what personal information we collect from you, how and why we collect, store, use, share and delete such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

The Platform also uses cookies and similar technologies. Please see our Cookie Policy for more details of how we use cookies and similar technologies.

 

User conduct

Access to the Services requires a personal account. You declare and accept that you shall: (i) provide accurate, up-to-date and complete information when registering, logging in and/or subscribing to a Service (“Registration Details”), if applicable; (ii) keep your password and other identification credentials - as applicable - secret; (iii) keep your Registration Details and any other information provided constantly updated, complete and accurate.

Your registration is personal and only valid for you and you must keep such information confidential and not disclose them to any other person. We will be entitled to treat any action carried out through your account as being carried out by you.

You are solely responsible for keeping your password secret and for its use and shall assume all risks regarding your password. You must notify us immediately if you have reason to believe that your account details may have been compromised or used by any other person.

You accept all obligations and responsibilities for any device, or for the repair, maintenance or correction of such device necessary to access or make use of any part of the Platform.

When accessing or making use of any part of the Platform, you may not:

  • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any national or international law;
  • Post or transmit any information or software which contains a virus, worm, trojan horse or other harmful component;
  • Interfere with the functioning of the Platform or restrict or inhibit any other user from using the Platform;
  • Post, publish, transmit, reproduce, distribute or exploit any information, software or other material obtained through the Platform for commercial purposes without the prior written consent of ZLW;
  • Post or upload content to the Platform, in which you do not own the respective rights; or
  • Attempt to damage the Platform or undermine its operation.

You will indemnify ZLW for any costs or damages that ZLW incurs as the result of any such inappropriate content per the above being uploaded by you.

 

Non-Compliance with Terms and Conditions

We reserve the right to initiate, at our sole discretion, one or a combination of the following measures in case a breach of any of these Terms and Conditions:

  • Disabling your password or other identification credentials;
  • Immediate, temporary suspension or permanent withdrawal of the right to access the Platform; or
  • Initiation of legal proceedings.

The measures in case of a breach of any of these Terms and Conditions are not limited to the actions listed above. ZLW reserves the right to take any other measure in accordance with these Terms and Conditions and/or statutory law.

 

Suspension/Interruption

Access to the Service may be temporarily suspended, including without prior warning, if any system errors are detected, urgent assistance or maintenance work is required or for any other reasons beyond our reasonable control. We also reserve the right to interrupt access to the Service at any time, including without prior warning, if these Terms and Conditions and/or the conditions for the provision of the Service are breached.

 

External services

On the Platform you may have access to services and websites that we do not own or operate (referred to below as ‘external services’).

We are not responsible for examining or evaluating the content or accuracy of these external services and have no control over external services. We may not be held liable for the services, content of information or websites linked. We may not be held liable for any financial or physical damage that you may incur as a result of, or in connection with, the use of such websites or resources. Before using them, make sure you have read and agree to the terms on which they are being offered to you including the way in which they may use your personal information.

Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to or from our Platform, is subject to that operator’s own rules and policies. In particular, third party websites will process your personal information in accordance with their own privacy notices. Please read all applicable third party policies and terms and conditions before proceeding.

 

Applicable law and jurisdiction

Except to the extent expressly provided in the following paragraph, the Platform and any controversy or claim in connection with it is governed by the substantive laws of Switzerland, without reference to its principles of conflicts of laws. The non-exclusive place of jurisdiction is Zurich (City), Switzerland.

Notwithstanding the foregoing, you retain the benefit of any mandatory protections given to you by the laws of the country in which you live, which also means that in this case you may bring a claim in the courts of the country in which you live, or before an alternative dispute resolution body. For example, if you are a resident of any European Union country or the United Kingdom the governing law and forum shall be the laws and courts of your usual place of residence.

 

Changes to the Terms and Conditions

We reserve the right to update and change the Terms and Conditions from time to time at our sole discretion. Any changes we may make to the Terms and Conditions will be made available to you by appropriate means, for example, through the Platform and, where required by applicable law, we will obtain your consent. If you continue to use the Platform after we make such changes, you will be deemed to have accepted any variation to these Terms and Conditions. If you do not agree to such variations, we ask that you do not use the Platform.

 

Contact us

You may contact us at support.livewell@zurich.com or at our mailing address:

Zurich LiveWell Services and Solutions Ltd
Attn: Legal Department (Terms of Service)
Talstrasse 83
8001 Zurich
Switzerland

Last updated: May 2023