Terms of Service
Last updated on 1 August 2019
Please read these terms and conditions carefully. If you do not agree to these terms and conditions, do not download, install, register or otherwise access and use this application.
By downloading, installing, registering or otherwise accessing and using this application, you hereby agree to enter into a legally binding agreement based on these terms and conditions (“Agreement”) with us, HeyNugget Pte. Ltd. (company registration no. 201822849G), a company incorporated under the laws of Singapore with its registered office located at 3 Fraser Street, #05-08 Duo Tower, Singapore 189352 (hereinafter referred to as “we”, “our”, or “us”).
Please further note that you must be 18 and older to accept these terms and conditions and use the application.
We own and operate the mobile application which we call “Nugget”, and this Agreement licenses you to use:
(a) the beta version of Nugget; and
(b) the features you connect to and content we provide via Nugget (“Services”).
Nugget is a free savings application that aims to help you save money and manage your personal finances. The application analyses the financial information you provide to us before giving you your weekly recommended spending money. It also provides insights on your spending habits so you will know where your money is going. Nugget’s key functions are automated so that you will only need to focus on spending within the weekly recommended budget.
You provide your financial information by syncing Nugget with one or more of your accounts maintained online with a bank or other third party service providers which you maintain an account with or engage in financial transactions (“Account Information”). We work with a financial technology service provider to access this Account Information in “read-only” mode, that is, Nugget can only view your Account Information and cannot edit your Account Information in any way.
As we only access your Account information in read-only mode, we do not review your Account Information for accuracy. Nugget also requires you to actively sync your Account Information in order to provide the Services – for instance, when displayed on Nugget, your Account Information is only as fresh as the time of the last sync. Furthermore, Nugget’s access to your Account Information also depends on the availability of such information from your bank(s) and other third party service providers, which for technical or other difficulties beyond our control may be unavailable at times. In this regard, you understand that we cannot assume responsibility for the accuracy or timeliness of the information displayed on Nugget via the Services or its failure to sync with your Account Information.
In return for your agreement to comply with the terms and conditions of this Agreement you may:
(a) download a copy of Nugget onto your mobile device and view, and access, use and display Nugget and the Services on such device for your personal, non-commercial use only; and
(b) receive and use any free supplementary software code or update of Nugget incorporating patches and corrections of errors as we may provide to you.
Registering for an Account
In order to allow you to use Nugget and the Services, you will need to sign up for an account with us. As part of this sign up process, we will be required to verify your identity and ask you for further information, including requiring you to take steps to confirm the ownership of your email address and/or Account Information. Nugget will also detect and record the unique device identifier assigned to your mobile device (also known as the “device ID”) as part of this verification process. Please note that your access to the Services may be refused if we cannot verify your identity.
You agree and understand that you are responsible for maintaining the security and confidentiality of your username and password which allows you to access the Services. That username and password, together with any email address, Account Information and/or any other information you provide to us during the sign up process shall form your “Registration Information”.
By providing us with your e-mail address and/or other contact details, you consent to receive all required notices and information from us via Nugget and the Services. Electronic communications may be pushed via Nugget or delivered to your e-mail address that we have on record for you. Your consent to receive communications from us electronically shall be valid until you end your relationship with us.
It is your responsibility to promptly update us upon any change in your Registration Information. Further, if you become aware of any unauthorised access and/or use of your Account Information or Registration Information, you must notify us immediately via firstname.lastname@example.org.
Restricted and Acceptable Use
You agree that you will:
(a) not rent, lease, sub-license, loan, provide, or otherwise make available, Nugget or the Services in any form, in whole or in part, to any person, whether for money or for free. If you sell any mobile device on which Nugget is installed, you must delete and remove Nugget from it;
(b) not use or otherwise allow access to Nugget and the Services in any manner that could compete with our business;
(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of Nugget or the Services, nor permit Nugget or the Services or any part of them to be combined with, or become incorporated in, any other applications or programs;
(d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Nugget or the Services nor attempt to do any such things;
(e) not use Nugget or the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for instance, by hacking into or inserting malicious code, such as viruses, or harmful data, into Nugget or the Services;
(f) not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any part of the Services;
(g) not use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services;
(h) not infringe our intellectual property rights or those of any third party in relation to your use of Nugget or the Services;
(i) not attempt or gain unauthorised access to any part of Nugget or the Services and not use Nugget or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(j) not collect or harvest any information or data from the Services or our system or attempt to decipher any transmissions to or from the servers running the Services.
Use with Your Mobile Device
The use of Nugget and the Services require a compatible mobile device and internet and/or network access. You agree that you are solely responsible for these requirements, including any applicable rates and the terms of your agreement with your mobile device and telecommunications providers. We shall not be responsible for the availability of telecommunication services from your provider and access to the Services at any time or from any location, and any loss, damage, or other security intrusion of the telecommunication services (including any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the Services).
Rights You Grant to Us
The Account Information, Registration Information, and other information that you provide to us or otherwise authorise us to have access to (collectively, your “User Data”), is your property. By submitting such User Data to us through Nugget and the Services, you are licensing that content to us for the purpose of providing the Services to you. You represent that you are entitled to submit your User Data to us without any obligation by us to pay any fees or be subject to any restriction or limitation. By using Nugget and the Services, you expressly authorise us as your agent to access your Account Information maintained by your bank(s) and other identified third parties, and you expressly authorise such third parties to disclose your information to us.
The Nugget application, contents displayed and/or delivered via the Services, and our website at https://www.heynugget.com/, including their “look and feel” (for example, text, graphics, images, logos and button icons), photographs, editorial content, notices, software and other material thereon are protected under both Singapore and other applicable copyright, trademark and other laws. The Nugget application and the contents of the Services belong or are licensed to us or our software or content suppliers. We grant you the right to view and use Nugget and the Services subject to these terms. You may download or print a copy of information provided via the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services, in whole or in part, for any other purpose is expressly prohibited.
There is currently no subscription fee for the use of Nugget and the Services, but we reserve our right at any time to charge fees for access to certain premium functions of Nugget and the Services. If at any time we require you to pay for subscription fees, we will require you to register for a premium account. You will be required to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through Nugget or the Services.
Nugget and the Services, and all information, data, features, and content and services and products associated with or provided through Nugget and the Services (whether or not sponsored) are provided to you on an “as-is” and “as available” basis. We, our affiliates, and our third party providers, licensors, distributors or suppliers (collectively, “suppliers”) make no representations or warranties of any kind, express or implied, as to the content or operation of Nugget and the Services. You expressly agree that your use of Nugget and the Services is at your sole risk.
To the extent permitted under applicable laws, neither us nor our suppliers make any representations, warranties or guarantees, express or implied:
(a) regarding the accuracy, reliability or completeness of the content on Nugget or the Services (whether or not sponsored), and expressly disclaims any warranties of non-infringement or fitness for a particular purpose; and
(b) that the content that may be available through Nugget or the Services is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information.
Whilst we will use commercially reasonable efforts to ensure that your User Data is accurately captured, extracted and/or entered into our system, we do not guarantee the accuracy, integrity or quality of this process and/or analysis generated by us. You remain to be responsible for reviewing and verifying all such analysis and promptly informing us of any errors noted.
Neither Nugget nor the Services are intended to provide legal, tax or financial advice. We are not financial planners, brokers or tax advisers. The Services are intended only to assist you in your financial organisation and decision-making and is broad in scope. Your personal financial situation is unique, and any information, suggestions and recommendations obtained through the Services may not be entirely appropriate for your situation. Accordingly, before making any decision or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers.
If, via Nugget or the Services, we supply to you defective digital content which damages a device or digital content belonging to you and such damage is directly caused by our gross negligence and is foreseeable (that is, either it is obvious that it will happen or if, at the time you accepted the terms and conditions of this Agreement, both we and you knew it might happen), you agree that our liability to you will be limited only to repairing the damage to the extent reasonably and commercially possible, for example, by replacing the defective digital content that we had supplied to you or supplying you with a patch and/or update to correct any error in the defective digital content. Notwithstanding the foregoing, you agree that we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. Nugget and the Services is for non-commercial and personal use. If you use Nugget or the Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Notwithstanding anything in this Agreement, you agree that we shall in no event be responsible or liable to you or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business, arising in whole or in part from your use of Nugget or the Services, even if we have been advised of the possibility of such damages.
You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to legal fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to your use of Nugget and the Services.
This Agreement will continue to apply until terminated by either you or us as set out below.
Termination by You
Termination by Us
We may at any time, terminate this Agreement with you and your access to Nugget and the Services, if:
(a) you have breached any term of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
(b) we, in our sole discretion, believe it is required to do so by law (for example, where the provision of any of the Services to you is, or becomes, unlawful);
(c) for any reason and at any time with or without notice to you; or
(d) immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to Nugget, the Services and all information and content provided thereon. Further, you agree that we shall not be liable to you or any third party for any termination of your access to Nugget and the Services.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Nugget and/or all or any part of the Services with or without notice. We reserve the right to change any part of the Services, including introducing premium functions at the applicable fees, in our sole discretion and from time to time. In such event, if you are a paid user of the premium functions, we will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using Nugget and the Services. Your use of Nugget and the Services after you are notified of any change will constitute your agreement to such change. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.
We may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email and/or by posting the information on our website). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you continue to use the Services after those changes are posted.
The Agreement shall be governed and construed in accordance with the laws of the Singapore. The courts of Singapore shall have exclusive jurisdiction to hear and determine any suit, action or proceeding, and to settle any disputes which may arise out of or in connection with the service or from a dispute as to the interpretation or breach of this Agreement, and for such purposes, you agree to submit to the jurisdiction of the courts of Singapore. Each party hereby waives any objection which it might at any time have to the courts of Singapore being nominated as the forum to hear and determine any proceedings and to settle any disputes.