askPRU Application Terms and Conditions
- By installing, accessing
and/or using this Chatbot mobile application (the "Application"),
you agree to be unconditionally bound by these terms and conditions,
which may be amended and/or updated by Prudential Assurance Company
Singapore (Pte) Limited ("Prudential")
(collectively, "Terms") in its sole discretion from
time to time without prior notice to you. These Terms form a binding
agreement between you and Prudential. You agree that your continued
access and use of the Application constitutes your acceptance of and
agreement to be bound by these Terms without limitation or
qualification. IF YOU DO NOT AGREE TO ANY OF THESE
TERMS, YOU SHOULD IMMEDIATELY UNINSTALL THIS APPLICATION FROM YOUR
MOBILE DEVICE/TABLET AND DISCONTINUE ITS USE.
- Prudential grants to you a
non-exclusive and non-transferable license to use and access the
Application on the mobile devices and/or tablets that you own and as
permitted by the Terms. You may not transfer, redistribute or
sublicense the Application and, if you sell your mobile device
and/or tablets to a third party, you must remove the Application
from the mobile device and/or tablets before doing so.
- Prudential may make available
for download certain Application updates, maintenance corrections or
upgrades to the Application to update, enhance or further develop
the Application ("Updates"). The license granted
herein allows you to download and use the Updates to update the
Application on any device that you own or control. You are not
allowed to update devices that you do not own or control, and you
may not make the Updates available over a network where it could be
used by multiple devices or multiple computers at the same time. You
may not make any copies of the Updates, unless such copy is
authorised in writing by Prudential.
- Prudential may, at its
discretion, automatically download Updates to your device. You agree
to accept these Updates, and to pay for any costs associated with
receiving them (if any).
- Certain areas of the
Application may require registration or may otherwise ask you to
provide information to participate in certain features or access
certain content. If you elect not to provide such information, you
may not be able to access certain content or participate in certain
features of the Application.
- If the Application requires
you to open an account or otherwise submit information, you must
complete the specified process by providing your current, complete,
and accurate information as requested by the applicable online
registration form. It is your responsibility to maintain the
currency, completeness, and accuracy of your registration data and
any loss caused by your failure to do so is your responsibility. In
addition, you are entirely responsible for any and all activities
that occur under your account. You are responsible for keeping your
device and your Application account safe and secure, and you must
notify us promptly of any unauthorised use or security breach of
your account or the Application. You further agree not to email,
post, or otherwise disseminate any user ID, password, or other
information which provides you access to the Application. Prudential
shall be not be liable for any loss that you may incur as a result
of someone else using your password or account, either with or
without your knowledge.
- You agree that Prudential may
collect and use technical data and related information, including
without limitation, technical information about your device, system
and application software, and peripherals, that is gathered
periodically to facilitate the provision of software updates,
product support, and other services to you (if any) related to the
Application. Prudential may use this information to improve its
products or to provide services or technologies to you.
- You may not use the
Application or transmit, distribute, link, market, publish, display
or sell any information, data, text, messages or other materials
(collectively, "
Content
") which are harmful in
nature or in violation of any laws or regulations (foreign or
domestic) or to commit, engage in, perpetuate or abet any breach of
security, fraud, criminal act, offence.
- The kinds of illegal or
harmful conduct which are prohibited include but are not limited to
the following:
- impersonating or falsely stating or otherwise
misrepresenting your affiliation with any person or entity;
- transmitting Content that are unlawful, tortious, abusive,
intrusive on another’s privacy, harassing, libelous, defamatory,
embarrassing, obscene, threatening, or hateful;
- uploading, posting, emailing, or otherwise transmitting any
advertising or promotional materials, including without limitation,
"junk mail," "surveys," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation or unauthorised communication;
- offering or disseminating fraudulent goods, services,
schemes, or promotions;
- printing, downloading, duplicating, transmitting or
otherwise copying, reproducing, redistributing, republishing or
using any personally identifiable information, personal, private or
confidential information belonging to other persons;
- collecting or storing personal data about other persons;
- transmitting any Content that you do not have a right to
transmit under any law or under any contractual or fiduciary
relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- "stalking" or otherwise harassing another person;
- planning or engaging in any illegal, fraudulent or
manipulative activity;
- using the Application for any commercial purpose not
expressly approved by Prudential in writing;
- uploading, posting, reproducing, or distributing any
information, software, or other material protected by copyright or
any other intellectual property right (as well as rights of
publicity and privacy) without first obtaining the permission of
the owner of such rights;
- uploading, posting, emailing, or otherwise transmitting any
material that contains viruses or any other computer/application
code, files, or programs which might interrupt, limit, or interfere
with the functionality of any computer software or hardware or
telecommunications equipment;
- tampering with or circumvent any security technology
included with the Application;
- transmitting content with recommendations to buy or refrain
from buying a particular security or which otherwise have the
purpose of affecting the price or value of any security; or
- copying, decompiling, reverse engineering, disassembling,
attempt to derive the source code of, modify, or create derivative
works of the Application, Updates, or any part thereof. Any attempt
to do so is a violation of the rights of Prudential and third
parties of the Application and Updates.
- You agree to comply with all
of your obligations under the Singapore Personal Data Protection Act
2012. You further agree to only process, use or disclose Personal
Data strictly for the purposes of customer servicing.
- You further agree and
undertake to, at all times, indemnify, defend and hold the
Indemnitees harmless from and against any actual or alleged claims,
demands, causes of action, judgments, demands, damages, losses,
liabilities, statutory penalties, expenses and all costs and
expenses of defence that may be suffered, and legal fees and costs
incurred on a full indemnity basis by the Indemnitees, arising out
of or in connection with: (a) your breach of any provision of the
Singapore Personal Data Protection Act 2012 ("PDPA");
and/or your act or omission which causes the Indemnities to breach
any of its obligations under the PDPA.
- For the purposes of this
Terms, "Personal Data" means data, whether true of
not, about an individual who can be identified (i) from that data
alone; or (ii) from that data and other information which you have
or is likely to have access, which Prudential discloses to you,
and/or which you process on behalf of Prudential.
- You agree to keep secret and
confidential any and all Confidential Information disclosed to you
by way of this Application and warrant not disclose the same to any
person save as expressly authorised by Prudential in writing. "Confidential
Information" shall mean information that is confidential in nature
and shall include any information pertaining to Prudential’s
customer information, business know-how, business processes as well
as any information which is not in the public domain. In addition,
and notwithstanding the above, the following shall be considered
Confidential Information: (a) any information which by its nature
would reasonably be deemed to be confidential by Prudential; and/or
(b) any information pertaining to Prudential's agents and staff.
- THE MATERIALS AND INFORMATION
CONTAINED IN THIS APPLICATION, INCLUDING WITHOUT LIMITATION,
SERVICES, PRODUCTS, INFORMATION, DATA, TEXT, GRAPHICS, AUDIO, VIDEO,
LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", "WITH ALL FAULTS AND
INACCURACIES", AND "AS AVAILABLE". SUCH MATERIALS AND INFORMATION
ARE PROVIDED FOR GENERAL INFORMATION ONLY AND YOU SHOULD SEEK
PROFESSIONAL ADVICE AT ALL TIMES AND/OR OBTAIN INDEPENDENT
VERIFICATION OF THE INFORMATION AND MATERIALS CONTAINED IN THIS
APPLICATION BEFORE MAKING ANY DECISION OR TAKING ANY ACTION BASED ON
ANY SUCH MATERIAL AND INFORMATION. TO THE FULLEST EXTENT PERMITTED
BY LAW, PRUDENTIAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS
TO ANY MATTER WHATSOEVER RELATING TO THIS APPLICATION AND ANY
INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED HEREIN,
INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM VIRUS AND OTHER
MALICIOUS CODE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
- TO THE FULLEST EXTENT
PERMITTED BY LAW, PRUDENTIAL DOES NOT WARRANT THE TRUTH, ACCURACY,
ADEQUACY, COMPLETENESS OR REASONABLENESS OF THE MATERIALS AND
INFORMATION IN AND ACCESSED THROUGH THIS APPLICATION AND EXPRESSLY
DISCLAIMS LIABILITY FOR ANY ERRORS IN OR OMISSIONS FROM SUCH
INFORMATION AND MATERIALS. IN ADDITION, PRUDENTIAL MAY, FROM TIME TO
TIME, AT ITS ABSOLUTE DISCRETION, CHANGE, DELETE OR REPLACE THE
MATERIALS AND INFORMATION PROVIDED IN THE APPLICATION.
- TO THE FULLEST EXTENT
PERMITTED BY LAW, NO WARRANTY IS GIVEN THAT ACCESS TO ANY
INFORMATION OR MATERIALS ON THIS APPLICATION, OR THIS APPLICATION
ITSELF, WILL BE PROVIDED UNINTERRUPTED OR FREE FROM ERRORS OR THAT
ANY IDENTIFIED DEFECT WILL BE CORRECTED; FURTHER, NO WARRANTY IS
GIVEN THAT THIS APPLICATION IS FREE FROM ANY VIRUS OR OTHER
MALICIOUS, DESTRUCTIVE OR CORRUPTION CODE, AGENT, PROGRAM OR MACROS.
- UNDER NO CIRCUMSTANCES SHALL
PRUDENTIAL BE LIABLE REGARDLESS OF THE FORM OF ACTION FOR ANY
FAILURE OF PERFORMANCE, SYSTEM, SERVER OR CONNECTION FAILURE, ERROR,
OMISSION, INTERRUPTION, BREACH OF SECURITY, VIRUS, MALICIOUS CODE,
CORRUPTION, DELAY IN OPERATION OR TRANSMISSION, TRANSMISSION ERROR
OR UNAVAILABILITY OF ACCESS IN CONNECTION WITH YOUR ACCESSING THIS
APPLICATION EVEN IF PRUDENTIAL HAD BEEN ADVISED AS TO THE
POSSIBILITY.
- TO THE FULLEST EXTENT
PERMITTED BY LAW, IN NO EVENT SHALL PRUDENTIAL BE LIABLE TO YOU OR
ANY OTHER PARTY FOR ANY EXPENSES, LOSSES, COSTS DAMAGES, LIABILITIES
OR OTHER CONSEQUENCES OF WHATSOEVER NATURE (INCLUDING WITHOUT
LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OPPORTUNITY) ARISING
FROM OR IN CONNECTION WITH:
- (A)ANY ACCESS , USE OR THE
INABILITY TO ACCESS OR USE THE APPLICATION, OR RELIANCE ON THE
CONTENTS OF THE APPLICATION;
- (B)ANY SYSTEM, SERVER OR
CONNECTION FAILURE, ERROR, OMISSION, INTERRUPTION, DELAY IN
TRANSMISSION OR COMPUTER VIRUS;
- (C)ANY USE OF OR ACCESS TO
ANY OTHER APPLICATION OR WEBSITE LINKED TO THIS APPLICATION;
- (D)ANY SERVICES, PRODUCTS,
INFORMATION, DATA, SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE
APPLICATION OR FROM ANY OTHER APPLICATION OR WEBSITE LINKED TO THIS
APPLICATION;
- (E)HOWSOEVER CAUSED,
INCLUDING NEGLIGENCE, EVEN IF PRUDENTIAL, ITS EMPLOYEES OR
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, LOSSES AND/OR EXPENSES.
- Any hyperlinks from the
Application exist for information purposes and are for your
convenience only. Such linked websites are not under the control of
Prudential and Prudential cannot accept responsibility for the
contents of any linked website or any link(s) contained in a linked
website. Prudential accepts no liability for any expenses, losses,
costs damages, liabilities or other consequences of whatsoever
nature arising directly or indirectly (including without limitation,
any direct, indirect, special, incidental or consequential damages,
loss of profits or loss opportunity) from the accuracy or otherwise,
of materials or information contained on the pages of such websites
or loss arising directly or indirectly from defects with such
websites. Prudential’s inclusion of hyperlinks does not imply any
warranty, endorsement and/or verification of such linked websites or
the contents therein by Prudential. You agree that your access to
and/or use of such linked websites is entirely at your own risk and
subject to the terms and conditions of access and/or use contained
therein.
- All trademarks, service
marks, trade names, logos and icons and other intellectual property
rights of any nature in the Application, together with the
underlying software code (collectively, "IP Rights"),
are either owned by Prudential or third parties. None of the IP
Rights may be reproduced, transmitted, published, performed,
broadcast, stored, adapted, distributed, displayed, licensed,
altered, hyperlinked, stored in an information retrieval system, or
otherwise used in whole or in part in any manner without the prior
written consent of Prudential or the relevant third party.
Prudential neither warrants nor represents that your use of any IP
Rights and content/materials displayed on the Application will not
infringe rights of third parties. Nothing contained in this Terms
should be construed as granting, by implication, estoppel, or
otherwise, any license or tight to use any IP Rights displayed in
the Application without the prior written permission of Prudential
or such third party that may own the IP Rights. Your use of the IP
Rights or any content in this Application, except as authorised
under these Terms, is strictly prohibited.
- This Application is available
on the Apple iOS and Android platform. You acknowledge that (i) the
Application is provided over internet, wireless and mobile networks
which may affect the quality and availability of the Application,
and (ii) accessibility and operation of this Application relies on
technologies outside Prudential’s control, all of which are outside
Prudential’s reasonable control. Prudential does not guarantee
continuous accessibility or uninterrupted operation of this
Application.
- The use of the Application
requires use of a mobile device/tablet and/or wireless mobile data
service, which must be obtained from your wireless carrier, and may
require Internet access, which must be obtained from your service
provider. You are responsible for obtaining and paying for such
additional services and obtaining a suitable device, including
without limitation all usage charges related thereto.
- If you do not have an
unlimited wireless mobile data plan, you may incur additional
charges from your wireless service provider in connection with your
use of the Application. You are solely responsible for obtaining any
additional subscription or connectivity services or equipment
necessary to access the Application, including but not limited to
payment of all third party fees associated therewith, including fees
for information sent to or through the Application.
- The Application may not work
with all devices or all mobile carriers. Prudential makes no
representations that the Application will be compatible with or
provided by all mobile carriers. In the event that fees are charged
for the Application, or other third party service providers charge a
fee for the products or services they provide, you agree to pay such
fee to the respective party in exchange for your continued use of
such products or services.
- Prudential reserves the
right, at its sole discretion, to suspend, modify, deny, restrict
and/or terminate your access and/or use of this Application, at any
time, without prior notice, without ascribing any reason(s)
whatsoever and without liability to you. Upon termination, all
licenses and other rights granted to you in these Terms will
immediately cease. You agree that you do not have any rights in this
Application and Prudential will have no liability to you if this
Application is discontinued or your ability to access the
Application is terminated.
- By accessing this Application
and/or registering with the Application, you agree and undertake to
indemnify, defend and hold Prudential and its servants, officers,
employees and agents (collectively, "the
Indemnitees") harmless from and against any actual or alleged
claims, demands, causes of action, judgments, demands, damages,
losses, liabilities, statutory penalties, expenses and all costs and
expenses of defence that may be suffered, and legal fees and costs
incurred on a full indemnity basis by the Indemnitees, arising out
of or in connection with: (a) your breach of this Terms; (b) your
violation of any local or foreign law, rule or regulation; (c) a
claim by a third party that is based on your use of the application;
(d) information or material posted or transmitted through your
computer or account, even if not submitted by you; (e) any
misrepresentation made by you; (f) any dispute between you and
another user of the Application; (g) the theft, misappropriation or
disclosure of your password; (h) your authorisation of anyone else
to use your account and/or password, (i) your access to and/or use
of the Application and/or any other person or entity's use of the
Application where such person or entity was able to access and/or
use the Application by using your user ID and password; and/or (j)
any breach or non-observance of any of these Terms by you or by any
other person or entity where such person or entity was able to
access and/or use the Application by using your user ID and
password. You will cooperate as fully and as reasonably required in
Prudential’s defence of any claim. Prudential reserves the right, at
its own expense, to assume the exclusive defence and control of any
matter otherwise subject to indemnification by you, and you shall
not, in any event, settle any matter without the prior written
consent of Prudential.
- You agree that you will not
assign or transfer, or purport to assign or transfer, any of your
rights, interests or obligations under these Terms without the prior
written consent of Prudential.
- No failure to exercise nor
delay in exercising, on Prudential’s part and right or remedy under
these Terms will operate as a waiver thereof, nor shall any single
or partial exercise of any right or remedy prevent any further or
other exercise thereof or the exercise of any other right or remedy.
Prudential’s right and remedies in these Terms are cumulative and
not exclusive of any other rights or remedies provided by law.
- If any clause in these Terms
is declared illegal, invalid or unenforceable in whole or in part by
any competent court or authority, then the clause shall be deemed
automatically adjusted to conform to the requirements for validity
as declared at such time and as so adjusted, shall be deemed a
clause of these Terms as though originally included. If the clause
invalidated is of such a nature that it cannot be so adjusted, the
clause shall be deemed deleted upon these Terms as though the clause
had never been included, in either case, the remaining clauses of
these Terms shall remain in full force and effect.
- Unless a mutually executed
agreement between you and Prudential states otherwise, these Terms
constitute the entire agreement between you and Prudential regarding
the Application, superseding any prior agreements with respect to
the same subject matter between you and Prudential.
- A person who is not a party
to any agreement governed by these Terms has no right under the
Contracts (Rights of Third Parties) Act Cap 53B to enforce or enjoy
any of these Terms.
- By using this Application,
you agree that the laws of Singapore, including without limitation,
the provisions of the Evidence Act (Cap. 97) and the Electronic
Transactions Act (Cap. 88), shall govern such use, and you agree to
submit irrevocably to the exclusive jurisdiction of the courts of
Singapore.
- If you are using the Apple
iOS platform, you understand and agree that:
- (a)These Terms are binding
only between you and Prudential and Apple, Inc. ("Apple")
is not a party to these Terms. Any responsibility with respect to
this Application and its contents is borne by Prudential.
- (b)Apple has no obligation
to provide whatsoever to provide any maintenance or support
services with respect to the Application.
- (c)Subject to clause 8
(Disclaimers and Exclusions) of these Terms, in the event of any
failure of the Application to conform to any applicable warranty,
to the maximum extent permitted by applicable law, Apple will have
no other warranty obligation whatsoever, with respect to the
Application, and any other claims, losses, liabilities, damages,
costs or expenses attributable to any failure to conform to any
warranty will be Prudential’s sole responsibility.
- (d)Subject to section 8
(Disclaimers and Exclusions) of these Terms, Prudential, not Apple,
will be solely responsible for addressing any claims made by you or
any third party, relating to the Application or your possession
and/or use of the Application, including but not limited to: (i)
product liability claims; (ii) any claim that the Application fails
to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar
legislation.
- (e)In the event of any third
party claim that the Application or your use and possession of the
Application infringes any third party’s intellectual property
rights, Prudential, not Apple, will be solely responsible for the
investigation, defense, settlement and discharge of any such
intellectual property infringement claim.
- (f)By installing and using
this Application, you warrant and represent that: (i) you are not
located in a country that is subject to a U.S. Government embargo,
or that has been designated by the U.S. Government as a "terrorist
supporting" country; and (ii) you are not listed on any U.S.
Government list of prohibited or restricted parties.
- (g)Apple and its
subsidiaries are third party beneficiaries of these Terms and your
agreement with this Terms means that Apple has the right to enforce
these Terms against you as a third party beneficiary thereof.
- Any questions regarding this
Application may be directed to:
- 30 Cecil Street
- #30-01 Prudential Tower
- Singapore, 049712
- 1800 333 0333
- Please use +65 6333 0333 if
you are dialing from overseas or using a payphone.
- Mondays to Fridays, 9:00 am
to 5:30 pm (excluding Public Holidays)
- customer.service@prudential.com.sg