Terms & Conditions
Last updated: 12.12.2020
Consumer advisory - Consumers (users) are advised to read this Terms & Conditions carefully.
1. How to read this Terms & Conditions
This Terms & Conditions contains few sections. You may go directly to any section by selecting the appropriate link provided. The headings are for reference only. Underlined words in this Terms & Conditions contain hyperlinks to further information.
2. Why you should read this CustomerAgreement
2.1 What this Terms & Conditions covers. These are the terms and conditions on which we provide our Services to you.
2.2 Why you should read them. Please read this Terms & Conditions carefully before you start to use our Services. This Terms & Conditions (always together with the documents referred to in it) tells you who we are, how we will provide the Services to you, how this Terms & Conditions may be changed or ended, what to do if there is a problem and other important information. If you think that there is a mistake in this Terms & Conditions or require any changes, please contact us to discuss.
2.3 Other additional documents which apply to you. This Terms & Conditions refers to the following additional documents, which also apply to your use of our Services:
- (c) Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Services.
- (d) In order to receive some of our Services, you may be asked to agree to additional terms and conditions which we will notify you at the relevant time.
2.4 Future changes to this Terms & Conditions. All future changes set out in the Customer Updates section of our Website at the time you sign-up for our Services are incorporated into this Agreement.
2.5 You accept this Terms & Conditions. By visiting our Website and/or using our Services (including downloading and using our App, or via a social media platform), you confirm that you accept and agree to this Terms & Conditions (including the Customer Updates and the additional documents referred to above). If you do not agree, please do not use our Services.
In this Agreement:
- App means the mobile application software, the data supplied with the software and the associated media.
- Group Company means any entity that directly or indirectly controls, is controlled by, or is under common control with another entity.
- Services means all products, services, content, features, technologies or functions offered by us and all related websites, applications (including the App), and services (including the Website).
- Website means any webpage, including but not limited to www.Pronoyi.com, where we provide the Services to you.
4. Pronoyi App
4.1 App subject to this Agreement and the Appstore Rules. We license the use of the App to you on the basis of this Agreement and subject to any rules and policies applied by any appstore provider or operator whose sites are located at App Store and Google Play ("Appstore Rules"). We do not sell the App to you. We remain the owners of the App at all times.
4.2 App updates. From time to time updates to the App may be issued through App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App and accepted any new terms.
4.3 Your right to use the App. In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive licence to use the
App on your device subject to this Agreement and the Appstore Rules. We reserve all other rights.
5. Who are we and how to contact us
5.1 Our company information. Pronoyi Pte Ltd. is a company incorporated under the laws of Singapore ("Pronoyi", "we", "us", or "our" as applicable).
5.2 How to contact us. You can contact us by email, web chat or telephone. Our contact details are provided on the "Contact" page of our Website.
6. Who can use our Services
6.1 You must be 13 years or over. If you are an individual, you must be 13 years or older to use our Services and by using Pronoyi services you declare that you are 13 years or older. We may ask you at any time to show proof of your age.
6.2 Your use of the Pronoyi services must not violate any applicable laws. You may only use Pronoyi services if it is legal to do so in your country of residence. You commit to us that you do not violate any laws applicable to you by using our services. You take responsibility for any consequences of your breach of this section.
7. Intellectual property rights
7.1 While you are using our Services, you may use the Pronoyi Materials only for your personal use and solely as necessary in relation to those Services.
7.2 "Pronoyi Materials" includes any software (including without limitation developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you for download from our Website. You may not, and may not attempt to, directly or indirectly:
1. transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in
the Service or the Pronoyi Materials to any person or entity;
2. remove, obscure, or alter any notice of any of our trade marks, or other
"intellectual property" appearing on or contained within the Services or on any
3. modify, copy, tamper with or otherwise create derivative works of any software
included in the Pronoyi Materials; or
4. reverse engineer, disassemble, or decompile the Pronoyi Materials or the
Services or apply any other process or procedure to derive the source code of
any software included in the Pronoyi Materials or as part of the Services.
8. Our responsibility for loss or damage by you
OTHER THAN EXPRESSLY SET OUT IN THIS AGREEMENT, NEITHER PRONOYI NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AGENTS, AND RELATED ENTITIES MAKE ANY SPECIFIC PROMISES ABOUT OUR SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
To the fullest extent permitted by law (and without limiting any other provision in this Terms & Conditions), we, and our related entities, exclude all liability to you or anyone else for any loss or damage of any kind (howsoever caused or arising) arising from or in connection with the Services.
Without limiting the above, in the event that you or your employees, officers or agents are on our premises (or those of our authorised agent), we shall, to the fullest extent permitted by applicable law, not be liable for any loss or damage (including death, personal injury or damage to property) arising from or in connection with being on such premises.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so, for example, for death or personal injury resulting from our negligence, or for fraud or fraudulent misrepresentation.
We only provide our Services to you for your personal and private use. If you use our Services for any commercial or business purpose we will not be liable to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or consequential loss.
We will not be liable for any loss or damage caused by a bug or virus, or other technological attacks or harmful material that may infect your computer equipment, computer programs, data or other proprietary material, related to your use of our Services.
We have no control over websites linked to and from our Website and so we assume no responsibility for their content or any loss or damage that may arise from your use of them.
We (and our officers, directors, employees, suppliers, agents and related entities) cannot be liable for any failure to perform, or delay in performing, any of our obligations as a result of events which are outside our control. An event which is outside our control refers to any act or event beyond our reasonable control, including, but without limitation to, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
To the fullest extent permitted by applicable law, you shall be responsible and hold us (and our officers, directors, employees, suppliers, agents and related entities) harmless from any and all loss, damage, liabilities, claims, costs and expenses due to, or arising out of or in connection with, your breach of this Agreement or any applicable law or regulation, your use of our Services and/or any fraud by you. This provision shall continue to be in force even after you cease using our Services.
9. Accessing our services
We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Services.
10. Information security
10.1 We do not guarantee that our Website will be free from bugs or viruses.
10.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Services. You should use your own virus protection software.
10.3 You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, or our servers, computers or databases. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may be guilty of a criminal offence under the Computer Misuse and Cybersecurity Act. We will report any such breach to the relevant government authorities, public agencies, and/or law enforcement agencies and co-operate with such authorities/agencies by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
11. Linking to our site
11.1 You may link to our Website provided you follow certain rules. You may link to our Website, provided:
- (a) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
- (b) you do not suggest any form of association, approval or endorsement on our part where none exists;
- (c) you do not frame our Website on any other site; and
- (d) the website complies our Acceptable Use Policy.
We reserve the right to withdraw linking permission without notice.
12. When we can end this Terms & Conditions or suspend our Services
12.1 We may, at any time, terminate your Pronoyi Account or any service associated with it without giving any prior notice or reason for doing so. You may terminate your Pronoyi Account with us at any time by contacting Customer Support.
We may at any time suspend or terminate your Pronoyi Account without notice if:
1. you breach any provision of this Agreement or documents referred to in this
2. we have reason to believe you are in violation of any applicable law or
3. we are requested or directed to do so by any competent court of law,
government authority, public agency, or law enforcement agency; or
4. we have reason to believe you are involved in any fraudulent activity, money
laundering, terrorism financing or other criminal and/or illegal activity.
We may suspend your Pronoyi Account at any time if:
1. we believe that your Pronoyi Account has been compromised or for other
security reasons; or
2. we suspect your Pronoyi Account has been used or is being used without your
authorisation or fraudulently, and
3. we will let you know as soon as we can if we need to suspend your Pronoyi
Account, unless notifying you would be unlawful or compromise our reasonable
12.2 You cannot use the App if this Terms & Conditions ends. On termination for any reason all rights granted to you in connection with the App shall cease, you must immediately delete or remove the App from your devices.
13. Our right to make changes
13.1 We may change this Terms & Conditions at any time by posting a revised version on this page. The revised version will be effective once it is posted. Where appropriate, we may notify you of any changes to this Terms & Conditions by email. Please check back frequently to see if there are any updates or changes to this Terms & Conditions, as it is legally binding on you. If you do not agree to the revised terms in this Terms & Conditions, you should terminate your Pronoyi Account and discontinue your use of our Services.
13.2 This Terms & Conditions may not be amended in any other way.
14. Communication and Complaints
14.1 We usually contact you via email. For this purpose, you must at all times maintain at least one valid email address in your Pronoyi Account profile. You are required to check for incoming messages regularly and frequently. Emails may contain links to further communication on our Website.
14.2 In addition to communicating via email, we may contact you via letter or telephone where appropriate. If you use any mobile services, we may also communicate with you via SMS.
14.3 Where legislation requires us to provide information to you on a durable medium, we will either send you an email (with or without attachment) or send you a notification pointing you to information on our website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. Do keep copies of all communications we send or make available to you. If you need a copy of the current Agreement or any other relevant document, please contact Customer Support. You may contact us via email, letter or telephone by using the details specified in the "Contact" section of our Website.
14.4 This Agreement is made in the English language. Documents or communications in any other languages are for your convenience and only the English language versions of them are official.
14.5 Complaints. If you have any complaints about us or our Services, you may contact us in accordance with our customer complaint procedure.
15. Other important terms
15.1 This Terms & Conditions is between you and us. No other person shall have any rights to enforce any of its terms.
15.2 You may only transfer your rights or your obligations under this Customer Agreement to another person if we agree to this in writing.
15.3 This Terms & Conditions constitutes the entire agreement between you and Pronoyi, and supersedes all previous agreements, promises, arrangements and understandings between us relating to its subject matter.
15.4 Each provision in this Terms & Conditions operates separately. If any court of competent jurisdiction decides that any of them are invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions of this Terms & Conditions, all of which will remain in full force and effect.
15.5 If we delay or fail to exercise any right or remedy provided by law or under this Terms & Conditions, this will not prevent us from exercising such right or remedy against you at a later date.
15.6 Which laws apply to this Terms & Conditions and where you may bring legal proceedings. This Terms & Conditions, and any dispute or claim arising out of or in connection with it and/or your Pronoyi Account, or its subject matter or formation (including non-contractual disputes or claims) shall be governed by the law. Any dispute or claim between you and us arising out of or in connection with this Terms & Conditions and/or your Pronoyi Account may be brought in the local courts.