Pulse App Terms and Conditions
Date : 22 Jan 2020
Prudential Services Asia Sdn Bhd (“we”, “us”, “our”) (“we”, “us”, “our”) provides the Pulse App on the terms and conditions set out below. By registering for the Pulse App you enter into an agreement with us on these terms and conditions ("Agreement").
The Pulse App is a platform hosted by us through which you can access certain features, services and information provided by us ("Pulse App Services"). Through the Pulse App you can also access third party supplied "Hosted Apps". Access to the Pulse App outside your registered jurisdiction ("Home Country") may be restricted. The Pulse App will be updated from time to time to add, delete and change the available services, information and features. Please check regularly for updates to the Pulse App.
Please practice good security in using the Pulse App. For example, the device on which you install and access the Pulse App should be password protected and set to lock after a short period of inactivity.
In registering for the Pulse App you will have a unique account (a “PruApp ID”). Your PruApp ID is valuable, and you are responsible for maintaining its confidentiality and security. We are not responsible for any losses arising from the unauthorized use of your PruApp ID. Please contact us if you suspect your PruApp ID has been compromised.
Unless you have parent or legal guardian consent, you must be age 18 or above to create a PruApp ID and use the Pulse App. PruApp IDs for persons under 18 can be created by a parent or legal guardian. The parent or legal guardian is responsible for ensuring the person complies with this Agreement.
Information and services available through the Pulse App Services is provided for general guidance only and may not address all matters relevant to your particular circumstances. In no way are the Pulse App Services intended to be a personal or medical diagnosis, nor a health-care service or serve as a medical device. If your symptoms persist, change or worsen, or you are concerned, please speak to a doctor or medical health care professional immediately. The Pulse App Services may include information sourced from third parties that we have not verified for accuracy or completeness. You should seek advice from an appropriately qualified individual before acting on any information or services available through the Pulse App Services.
Hosted Apps are provided by a third party ("Hosted App Provider"). A Hosted App can be identified by the relevant pages containing the logo or name of such Hosted App Provider, and/or the statement "Powered by [name of Hosted App Provider]". The services the Hosted App Provider provides through the Hosted App are "Hosted App Services". If you register for and / or access a Hosted App you will be entering into an agreement with the Hosted App Provider on the terms they set ("Hosted App Terms") which will be separate and independent from this Agreement. You must comply with the Hosted App Terms. The Hosted App Provider (and not us) is solely responsible to you for providing the Hosted App Services, and we will not be liable for any of the Hosted App Services nor for any acts or omissions of any Hosted App Provider. The Hosted App Provider may charge for some of the Hosted App Services.
We reserve the right to remove or restrict access to any Hosted App.
The Pulse App may provide links to third-party websites. You use any third party websites at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third party websites, and have no liability for any such third party websites.
We may deploy data analytics tools to monitor Pulse App and Pulse App Services usage to provide us with information to be used in deciding whether to make changes to the Pulse App and Pulse App Services and to conduct profiling such as marketing profiling. We may also collect and use technical data and related information—including but not limited to technical information about your device including its system and application software, and peripherals—to facilitate the provision of updates, product support, and other services to you related to the Pulse App. Any personal data collected pursuant to this paragraph will be subject to our Privacy Notice separately accepted by you with this Agreement.
We may take steps as set out in this Agreement and as we believe are reasonably necessary or appropriate to monitor, enforce or verify your compliance with this Agreement, including the Usage Rules.
We grant you a nontransferable licence to use the Pulse App and Pulse App Services as permitted by the below "Usage Rules". We may monitor your use of and activity on the Pulse App and Pulse App Services to monitor compliance with the Usage Rules.
If any third party makes a claim against us due to your breach of the Usage Rules, you will indemnify us for any costs, expenses, fees, taxes and other liabilities incurred by us arising from such claim, including our reasonable costs and expenses in defending and handling that claim.
The Pulse App may allow you to submit material such as comments, pictures and videos ("Submission"). Your use of such features and each Submission you post will be subject to our Privacy Notice and must comply with the below "Submissions Guidelines".
Submissions Guidelines: You must not post any Submission that:
In posting a Submission you grant us a worldwide, royalty-free, perpetual, nonexclusive license to use the Submission within the Pulse App, for our internal purposes such as considering changes we may make to the Pulse App, our marketing of the Pulse App and for any purpose we notify in a request for Submissions.
We may decide, at our sole and absolute discretion to remove or edit any Submission. If you see materials that do not comply with the Submissions Guidelines, please use the Provide Feedback feature.
Any Submission you post is at your sole risk and you release us from any and all liability to you for any loss or liability relating to such Submission. If you have posted any Submission that you would like us to take down or stop using, please use the Provide Feedback feature. We will endeavor to promptly address your concern to stop further use and dissemination of the Submission, but we may be unable to act on any use or dissemination that has already occurred.
If we incur any liability in connection with a Submission you post, we may require you to reimburse us for our reasonable costs incurred in relation to that liability.
We may use a third party payment processor to handle secure payment for chargeable Hosted App Services offered by a Hosted App Provider and are not responsible nor will be held liable for any acts or omissions of such third party payment processor.
All intellectual property rights in the Pulse App including but not limited to all content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Pulse App and Pulse App Services are owned by us and/or our licensors, and are protected by applicable intellectual property and other laws. You are solely permitted to use the Pulse App and Pulse App Services as set out in the Usage Rules.
Our name, the Pulse App name, the Prudential logo and other Prudential trademarks, service marks, graphics, and logos used in connection with the Pulse App are trademarks or registered trademarks of Prudential Plc and its affiliates in the United Kingdom and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.
We do not guarantee, represent, or warrant that your use of the Pulse App will be uninterrupted or error-free. From time to time we may disable or limit access to all or part of the Pulse App without notice to you.
We do not represent or guarantee that the Pulse App or Pulse App Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release us from any liability relating thereto. You are responsible for backing up your own system, including any content acquired through the Pulse App.
You expressly acknowledge and agree that use of the Pulse App is at your sole risk. The Pulse App and Pulse App Services are provided "as is" and “as available,” with all faults and without warranty or guarantee of any kind, and we disclaim all warranties and conditions with respect to the Pulse App and Pulse App Services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of satisfactory quality, of fitness for a particular purpose, of accuracy and of non-infringement of third-party rights. No oral or written information or advice given by us or any authorized representative shall create a warranty, guarantee, representation or similar.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors or licensors be liable in contract, tort (including negligence), statute or otherwise for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Pulse App or Pulse App Services or for any other claim related in any way to your use of or inability to use the Pulse App or Pulse App Services and/or content available therefrom, including, but not limited to, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Pulse App or Pulse App Services, however caused, even if advised of their possibility. In no event shall our total liability to you in contract, tort (including negligence), statute or otherwise for all damages exceed (a) if our liability relates to Pulse App Services for which you have paid a charge, the amount you have paid; and (b) if (a) does not apply, the amount of fifty Hong Kong dollars or the equivalent amount in the currency of your Home Country.
Despite any other provision in this Agreement, the releases, disclaimers, limitations and exclusions of liability in this Agreement are each expressed to apply to the extent permitted by law. They are not intended to exclude, restrict or modify any liability that cannot be excluded, restricted or modified under law and shall be read subject to any mandatory non excludable liability.
You may terminate this Agreement at any time by deregistering your account as directed on the Pulse App. You will not be entitled to a refund of the unexpired portion of any amounts paid by you for Pulse App Services[ATT1].
We may immediately suspend your account if we reasonably believe you have breached this Agreement or any Hosted App Terms. Where appropriate we will give you prior warning before we act. However, we reserve the right, particularly for repeat breaches or breaches of a serious kind (such as non-compliance with the Usage Rules or with any Hosted App Terms) to suspend or terminate without giving you prior warning. You will not be entitled to any refund for any period of suspension or if we terminate due to your breach.
In addition to any other right of suspension or termination, we may terminate this Agreement at any time by giving not less than 30 days written notice to you. If the Agreement is terminated by giving notice as set out in this paragraph, you will be entitled to a pro rata refund of the unexpired portion of any charges paid by you for services provided by us under the Pulse App.
On termination of this Agreement your right to access the Pulse App including any Hosted App ceases. If you subsequently wish to obtain services provided by the Hosted App Provider you will need to contact them directly.
Agreement Changes: We may amend this Agreement at any time by sending notice to you. The amendment takes effect on the date stated in the notice or, if no date is stated, on the date the notice is issued. If you do not agree to, or cannot comply with, this Agreement as amended, you should not use the Pulse App and you should deregister your account as directed on the Pulse App.
Governing Law: This Agreement and the relationship between you and us, and all transactions on the Pulse App shall be governed by the laws of Singapore. You and we agree to submit to the personal and exclusive jurisdiction of the Singapore courts.
Trade Compliance: You must not use, make accessible or otherwise supply any part of the Pulse App except as authorized by applicable law. In particular, but without limitation, no part of the Pulse App may be used, made accessible or supplied (a) into any UK or U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By registering for the Pulse App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use, make accessible or otherwise supply these products for any purposes prohibited by your Home Country or other applicable laws, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
Entire Agreement: This Agreement as amended from time to time constitutes the entire agreement between you and us with respect to the Pulse App, superseding any prior agreements with respect to the same subject matter between you and us.
Waiver: No failure or delay by us in exercising any right or remedy provided by law or under or pursuant to this Agreement shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time.
Force Majeure: We are not responsible for any failure to meet any of our obligations under this Agreement due to causes beyond our reasonable control.
Transfer: To the extent permitted by law, you agree that we may assign, novate, transfer or otherwise dispose of our rights and obligations under this Agreement, in whole or in part, at any time without prior notice to you. You may not assign, novate transfer or otherwise dispose any rights or obligations under this Agreement.
Notices: We may send you a notice with respect to the Pulse App by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Pulse App. We may also contact you by email or push notification to send you additional information about the Pulse App. It is your responsibility to check that push notifications are not disabled on your device.
You may send us a notice by contacting us through the Provide Feedback feature.
Language: To the extent there is any inconsistency between the English version and a non-English version of this Agreement, the English version shall prevail.