Terms of Service (TOS)

Last updated: 21 December 2018

 

Background

Please read all of the following terms and conditions of service ("TOS") carefully before using this website and mobile application. By continuing to access, link to, or use this website and mobile application, the information contained hereon, including but not limited to text, content, photographs, video, audio and graphics (the "Website" and “ Mobile Application”), or any service on the website and mobile application, you acknowledge that you have read the TOS and that you agree to be bound by the TOS.

 

HeyNugget Pte Ltd (“Nugget”) reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the TOS whenever accessing, linking to, or using the Website and Mobile Application. Your access, link to, or use of the Website and Mobile Application, or any service, after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. 

This Website and Mobile application is own by Palm 3 Asia Pte Ltd (company registration number 201306875M)

 

Introduction

You agree that by clicking “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with HeyNugget Pte Ltd (brand name: Nugget). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Sign Up” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

 

Description of Service

Nugget is a free savings app that helps you save money to reach your goals. The app 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’ll know where your money is going. Key functions are automated and you’ll only need to focus on spending within the weekly budget. 

 

No Financial Advice

You understand and agree that the Service is solely for your own information purposes and does not constitute financial advice and may not be used by you to make financial or investment decisions, which should be based on your own independent research and analysis. For the avoidance of doubt, information, comments and/or any statements made on any of our website and mobile app are not intended to constitute any form of advice,you should always carry out your own research into any products or opportunities that are of interest to you.

 

Service “As Is”

Nugget is provided to you on an "as is" basis and we make no express or implied warranty as to the accuracy, timeliness, availability or uninterrupted use of the Service. 

Whilst we will use reasonable efforts to ensure that all information from your Personal Financial 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 Nugget. You are responsible for reviewing and verifying all such analysis and promptly informing us of any errors noted. 

 

Ownership and Rights

The financial data that you provide to us or otherwise authorize us to have access to

(collectively, your "Personal Financial Data"), is your property.

You grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright and database rights you have in your Personal Financial Data. 

We use the financial data to deliver a service that provides you with an automated weekly budget to help you take control of your saving goals. We will maintain strict confidentiality and will not sell, lease or distribute your data. Only trusted service providers involved in the operations of our business will have restricted access to the data to provide you with the service. If you decide to cancel your Subscription, we will delete your Personal Financial Data, from the Service, within a reasonable time. 

 

Subscribers and Visitors

When you register and join the Service or become a registered user, you become a Subscriber. If you have chosen not to register for our Services, you may access certain features as a “Visitor”.

 

Change

We may modify this Contract and our Privacy Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before it becomes effective. If you object to any changes, you may close the account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

 

Your Account

Subscribers are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account. You are responsible for anything that happens through your account unless you close it or report misuse.

 

Notices and Messages

Nugget uses email and/or mobile application to communicate with users. You hereby authorize and agree that Nugget may communicate with you via email and/or mobile application and you consent to receiving and giving any notice required under the TOS. Nugget will use reasonable efforts to honour any request you may have to opt out from receiving emails and notifications, but under no circumstance will Nugget have any liability for sending any email and notifications to you. You agree to keep your contact information up to date. 

 

Service Availability

We may change, suspend or end any Service, or change and modify prices (if applicable) prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

 

Intellectual Property Rights

This Website and Mobile Application, including but not limited to text, content, photographs, video, audio, graphics, user interface design or logos are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the SINGAPORE and other countries. The Website and Mobile Application is also protected as a collective work or compilation under SINGAPORE copyright and other laws and treaties. Nugget reserves all of its intellectual property rights in the Service. Using the Service does not give you any ownership in our Service or the content or information made available through our Services 

 

Restriction of Use

You may not use the Website and Mobile Application for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the TOS. You agree to use the Website and Mobile Application solely for your own non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Website and Mobile Application in any manner that could compete with the business of Nugget or any of its suppliers.

 

You may not use any of the trademarks, trade names, service marks, copyrights, or logos of Nugget in any manner which creates the impression that such items belong to or are associated with you or are used with Nugget’s consent, and you acknowledge that you have no ownership rights in and to any of such items.

 

Nugget also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the TOS, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

 

License

You acquire absolutely no rights or licenses in or to Nugget and materials contained within the Website and Mobile Application other than the limited right to utilize the Website and Mobile Application in accordance with the TOS. Should you choose to download information from Nugget, you must do so in accordance with the TOS. Such download is licensed to you by Nugget ONLY for your own personal, non-commercial use in accordance with the TOS and does not transfer any other rights to you.

 

 

Fees and Payments

There is currently no subscription fee for the usage of Nugget application. Nugget reserves the right at any time to charge fees for access to portions of the use of the Mobile Application. If at any time Nugget requires a fee for portions of the Mobile Application, Nugget will require you to register and create a premium account. You shall 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 the Website and Mobile Application by Nugget or by any other vendor or service provider. 

 

Automated Processing

We will use the information and data that you provide and that we have to make recommendations for content, financial products and features that may be useful to you. For example, we use data and information about you to recommend ways to improve on personal finance management. Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant.

 

No Warranty

To the extend under law, Nugget (a) disclaim all implied warranties and representations (eg. Warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement). (b) Do not guarantee that the service will function without interruption or errors, and (c) provide the service (including content and information) on an “as is” and “as available” basis.

 

Services that we are not obligated to perform

We have no obligation to monitor or enforce any intellectual property rights that may be associated with content and information you provide us, but we have the right to enforce any rights which we may have through any means we see fit. We do not control or endorse all of the content, messages or information linked to or from our Website and Mobile Application, therefore, we specifically disclaim any responsibility with regard thereto.

We have no obligation to accept, display, review, monitor, or maintain any content submitted by users, user forum posts, commentary, ratings or compliments ("Comments"). We have the right to delete content or Comments from our Sites without notice for any reason at any time. 

 

Limitation to liability

You agree that your use of the Website and Mobile Application is at your sole risk and acknowledge that anything contained within the Website and Mobile Application, including, but not limited to, content, services, goods or advertisements are provided "as is" and "as available" and that to the fullest extent permissible pursuant to applicable law, Nugget makes no warranty of any kind, express or implied, including but not limited to, non-infringement of third party rights, any implied warranties or merchantability or fitness for a particular purpose or use.

Nugget does not warrant that the Website and Mobile Application is compatible with your equipment or e-mail and notifications sent by Nugget or its representative, is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that Nugget and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of Nugget, its parent, or their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise arising in connection with the Website or Mobile Application and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against Nugget by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure caused by your computer equipment or arising from your use of the Website and Mobile Application on such equipment.

Under no circumstances, including but not limited to negligence, shall Nugget, its suppliers, agents, directors, officers, employees, representatives, successors, or assigns be liable to you for direct, indirect, incidental, consequential, special, punitive, or exemplary damages even if Nugget has been advised specifically of the possibility of such damages, arising from use of or inability to use the website or any links or items on the website or any provision of the TOS, such as, but not limited to, loss of revenue or anticipated profits or lost business

 

Your Authority to agree to this TOS

You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii)you are at least eighteen (18) years old.

 

Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless Nugget, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Website and Mobile Application, or any links on the Website and Mobile Application, including, but not limited to: (i) your use or someone using your computer; (ii) use by someone using your account; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Website and Mobile Application by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libellous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Website and Mobile Application by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. 

 

Termination

You may terminate the TOS, with or without cause and at any time, by discontinuing your use of the Website and Mobile Application. (b) You agree that, without notice, Nugget may terminate the TOS, or suspend your access to the Website and Mobile Application, with or without cause at any time and effective immediately. The TOS will terminate immediately without notice from Nugget if you, in Nugget’s sole discretion, fail to comply with any provision of the TOS. (c) Nugget shall not be liable to you or any third party for the termination or suspension of the service, or any claims related to the termination or suspension of the service. Upon termination of the TOS by you or Nugget, you must discontinue your use of the service and destroy promptly all materials obtained and any copies thereof.

 

Governing Law

The TOS 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 the TOS, 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.

 

Miscellaneous

You accept that Nugget has the right to change the content or technical specifications of any aspect of the Service at any time in Nugget’s sole discretion. You further accept that such changes may result in you being unable to access the Website and Mobile Application. The failure of Nugget to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

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HeyNugget Pte. Ltd.
3 Fraser Street, DUO Tower
#05-28, Singapore 189352

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