Terms & Conditions

Welcome to our Site. Please read the following Terms and Conditions carefully (including our Privacy Policy) before using this Site, the Chatbot and/or the Services (defined below), so that you are aware of your legal rights and obligations with respect to GINA and/or its related entities and affiliates (individually and collectively, “GINA”). GINA is powered by Pand.ai Pte Ltd, Singapore Company Registration No. 201619368W, makes available to you in accordance with the following Terms and Conditions of Use, and any other rules posted on the Site. If you do not agree to these Terms and Conditions or changes thereto then you must immediately stop using this Site and/or the Chatbot and/or the Services. 

 

1. Agreement

1.1. You hereby represent and warrant that:

  (a) you have read, agree and consent to this Agreement, including these Terms and Conditions and the terms of our Privacy Policy as amended from time to time, and the terms of the Privacy Policy are incorporated into this Agreement by reference; 

  (b)you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to this Agreement and you are either: 

     i. accessing the Chatbot and/or the Site, using the Services and contracting in your own personal capacity; 

     ii. assessing the Chatbot and/or the Site, using the Services and contracting on behalf of a corporate entity; or

     iii. contracting as parent or guardian of a child or ward who is less than 18 years of and who is assessing the Chatbot and/or the Site and using the Services, in which event you agree as his/her parent/guardian, both in your personal capacity and on behalf on your child/ward, to be bound by this Agreement and to be liable for your child’s or ward’s acts and omissions while assessing the Chatbot and/or the Site and/or Services, and you also agree to ensure that your child or ward observes this Agreement; 

  (c) you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by this Agreement; and

  (d)all of the information provided by you to GINA (including without limitation personal particulars and contact information) is accurate and complete. If in connection with your use of the Site and/or the Chatbot and/or Services, you provide the Personal Data of any third parties, you further warrant and represent that these third parties have also consented to the terms of the Privacy Policy, and to the collection, use and disclosure of their Personal Data in accordance with the aforesaid. 

1.2. GINA may from time to time vary, replace, delete, supplement or amend this Agreement by posting the amended Agreement at the Site. Any use of the Services after the amendment of this Agreement will be deemed to be acceptance of the amended Agreement by you. If you do not agree to the amended Agreement, you have the right to cease using the Services. 

1.3. GINA and/or Website are provided on an open access basis. 

1.4. Please refer to our Privacy Policy for information about how the Chatbot and/or Website use your personal data. 

2. Definitions

2.1. In this Agreement, the following definitions shall apply unless the context does not permit such application: 

Agreement” means the agreement formed by these Terms and Conditions and the Privacy Policy

Chatbot” means WhatsApp Chatbot uses to provide services to users

Computer” means your computer, notebook computer, personal digital assistant, mobile phone, smartphone or other electronic device used to access this Site or the Chatbot or the Services.

Content” means materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content. 

Linked Sites” is defined in Clause 8.1.

Personal Data” means, data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access

Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services. 

Services” is defined in Clause 3.2.

Site” means the GINA website, Social Media Pages and/or platform and includes but is not limited to the material and information contained in the website and/or platform, including any Content and RSS feeds, APIs, software code and scripts, and any other downloadable materials displayed or incorporated herein, as well as the Services offered thereon, as may be applicable. 

GINA Content” means all Content of GINA that is made available on or via the Site or the Chatbot. 

Third Party Products” means products and services of third parties available at the Chabot or websites linked from the Chatbot. 

Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you. 

User Content” means all Content on this Site or the Chatbot which is created, transmitted, posted or uploaded by a user of the Site or the Chatbot. 

2.2. The words “include” and “including” shall not be construed as having any limiting effect. 

2.3. The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way. 

3. Site, Chatbot, and Services

3.1. The Site and the Chatbot is owned and maintained by Pand.ai. 

3.2. GINA may offer one or more of the following services on or through the Chatbot (each a “Service” and collectively the “Services”) and you acknowledge and agree that: 

3.2.1. motor insurance policy search

  (a) The prices are subject to change without prior notice. 

  (b) All photos shown on the Site and/or the Chatbot are for illustrative purposes only. Actual product information may vary due to product enhancement. 

3.2.2. cashback

  (a) Only the first 100 valid applicants are entitled for SGD200 cashback while the following applicants will receive SGD50 cashback. 

  (b) To be eligible for this cashback event, applicants must purchase any motor insurance via the recommendation of GINA from GINA’s partners and no cancellation if performed during the free look period of 14 days otherwise GINA reserves the right to refuse the participation rights to particular individuals at GINA discretion. 

  (c) To receive the cashback benefit, all applicants must provide a valid: 

     i. Full Name as per NRIC; 

     ii. NRIC/FIN number; 

     iii. Policy number which has passed through the free look period of 14 days. 

     iv. PayNow number through mobile phone number. 

  (d) After the application is approved, the money will be credited to applicants via PayNow as provided by applicants. 

  (e) GINA is at full discretion to reject any unsuccessful application or faulty transaction as a result of any faulty information. 

3.2.3. cash rewards

  (a) To participate in the Referral program, the advocate will refer their friends with the unique link generate through GINA. 

  (b) SGD25 as a cash reward will be credited automatically to every successful referral in which the friend/s must be a valid applicant/s who purchase motor insurance via GINA and subsequently submitted and successfully received cashback. 

3.3. GINA disclaims all warranties, representations, and conditions (whether express or implied) as to the veracity, accuracy, completeness, or any other aspects of any product information on GINA that has been taken from a third-party sites (Clause 9).  

3.4. Some services are subject to further terms and conditions or the execution of a separate contract between GINA and yourself. 

3.5. GINA shall be entitled to any time, at its sole discretion and without prior notice, to: 

  (a) Add to, vary, terminate, withdraw or suspend the whole or any part or feature of any service; and/or

  (b) Add new services

3.6. Where new services are added, the Terms and Conditions will also apply to such new services, in addition to any further terms and conditions notified to you. 

3.7. Legal & regulatory complain obligations

3.7.1. You acknowledge that GINA may be required under applicable law or upon the receipt of legitimate instructions from government authorities, to carry out acts in breach of the terms of this Terms and Conditions, and you hereby agree not to hold GINA liable or responsible for any such breach of the Terms and Conditions. 

3.8. Evidence

3.8.1. You hereby agree that:

  (a) All records relating to the Services of GINA, your use or access of the Services, your particulars, any Content, or this Agreement (collectively “Records”), though in electronic form, are written documents, and you shall not dispute or challenge the validity or enforceability of any Record on the grounds that it is not a written document, is in electronic form, or was produced by or is the output a computer system, and you hereby waive any such right you may have at law; and

  (b) The Records, though in electronic form, are original documents, and you will not challenge the admissibility of any Record on the grounds that it is made in electronic form. 

3.9. You acknowledge and agree that to access and use certain Services, you will required to provide your personal information and/or such other terms and conditions as GINA may prescribe in addition to this Agreement. 

3.10. From time to time, GINA will run competitions, promotions and surveys at the Site. These are subject to additional terms and conditions that will be made available at the time they are run. 

4. Content Use Conditions

4.1 You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:

  (a) any Service;

  (b) the Site; 

  (c) any GINA Content except, to the extent permitted, with the prior written consent of GINA or unless expressly permitted in this Agreement; or

  (d) any Third Party User Content except, to the extent permitted, with the prior written consent of GINA and the owner or licensee of the Specific User Content. 

4.2. Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, GINA Content, or Third Party User Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Pand.ai.

4.3. You may for your personal, non-commercial use: 

  (a) retrieve and display GINA Content on any compatible device owned by you; 

  (b) print a single copy of GINA Content on paper (but not photocopy them); and 

  (c) store such GINA Content in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network). 

4.4. All GINA Content are the copyrighted work of Pand.ai or its content or software providers, and Pand.ai reserves and retains all rights in the GINA Content. Use of some GINA Content may be governed by the terms of an accompanying end user license agreement.

4.5. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any GINA Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or GINA in writing.

5. Intellectual Property Rights

5.1. The domain name on which the Site is hosted on is the sole property of Pand.ai and you may not use or otherwise adopt a similar name for your own use. 

5.2. If you have any questions or concerns about this Agreement or any issues raised in this Agreement or on the Site and/or the Chatbot, please contact us at contactus@gina.sg

5.3. You acknowledge and agree that we own, or have license to use the Content on the Site and/or the chatbot and any and all intellectual property rights used or embodied in or in connection with the Site and/or the Chabot. The Content shall not be reproduced, republished, transmitted or distributed in any way, without prior written permission from Pand.ai. 

6. Online Conduct

6.1. You hereby undertake: 

  (a) to comply with this Agreement, and such other notices or guidelines that may be posted on the Site by GINA from time to time (which are hereby incorporated by reference into this Agreement); 

  (b) not to use any Service or GINA Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law, the Protection from Online Falsehoods and Manipulation Act 2019 (No. 18 of 2019) and the Protection from Harassment Act (Cap. 256A));

  (c) not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Chatbot, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming;

  (d) not to use any kind of scripting software or bots or service to access and/or use the Site, the Chatbot, and/or Services; and

 

7. Disclaimers & Limitations

7.1. While we make every effort to ensure that all GINA Content displayed on the Site and/or the Chatbot is accurate and complete, we provide the GINA Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, GINA disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, GINA does not warrant that the functions contained in or access to or use of the Site, Chatbot, Services, GINA Content or other content will be timely, secure, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Chatbot, Services, GINA Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any GINA Content in or with any Computer will not affect the functionality or performance of the Computer. GINA does not warrant or make any representations regarding the use or the results of the use of the GINA Content, the Services, the Site, the Chatbot or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You agree that you (and not GINA) shall bear and assume all risk arising out of your use of the Site, Chatbot Services, GINA Content or the Servers including, without limitation the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. Without limiting the foregoing, you agree not to hold GINA liable for the loss of any of your User Content that is due to any circumstances beyond the control of GINA.

7.2. The data and information made available on the Site and/or the Chatbot are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it. Any financial or investment information in the Site and/or the Chatbot are for use in Singapore only and are intended to be for your general information only. You should not rely upon such information in making any particular investment or other decision which should only be made after consulting with a fully qualified financial adviser. Such information does not and is not intended to constitute any form of investment advice or any inducement, invitation or recommendation relating to any of the products listed or referred to. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. GINA does not sponsor, endorse or promote any financial products, services or information.

7.3. You acknowledge that it is not GINA’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site and/or the Chatbot by other users of the Services and that GINA does not endorse and shall not be responsible for any such content.

7.4. You acknowledge and agree that GINA does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and GINA hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site and/or the Chatbot or on Linked Sites.

7.5. You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on the Site and/or the Chatbot should be used, accepted and relied upon only with care and discretion and at your own risk, and GINA shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.

7.6. You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of this Agreement, contain viruses or cause you damage. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we cannot be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.

7.7. GINA may in our sole and absolute discretion, screen, delete and/or remove any Content made available on the Site, including where GINA receives a complaint from another user or a notice of intellectual property infringement or other direction for removal, or where in GINA’s sole and absolute opinion such Content is in breach of this Agreement, or is illegal or otherwise objectionable, or for any other reason as GINA may see fit. GINA may use automated systems that analyse any Content made available by you to help detect infringement and abuse, such as spam, malware, and illegal content. GINA may delete, archive, block or remove communications by you (including but not limited to feedback, postings, messages and/or chats).

7.8. You agree that: 

  (a) GINA shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site, Chatbot or Services without assigning any reason; and 

  (b) Access to or the operation of the Site, Chatbot, Servers and/or Services may from time to time interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, 

and in any such event, GINA shall not be liable for any loss, liability or damage which may be incurred as a result.

7.9. In no event shall GINA be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the GINA Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that GINA is liable for damages despite the foregoing provision, you agree that GINA’s aggregate liability to you for any and all causes of action in relation to the GINA Content, Services, Site, and the Agreement, shall not exceed in aggregate of S$50.00 or the total amount of fees and charges paid and/or payable by you for the Services to GINA for the one (1) month period immediately preceding the time such liability arose, whichever is lower.

7.10. Under no circumstances, including, but not limited to, negligence, shall GINA be liable for any indirect, special, consequential, loss of profits, loss of business or incidental damages suffered by any party or that result from Agreement, or the inability to use, the GINA Content, Services, Site, or any other website, even if GINA or a GINA authorised representative has been advised of, or should have foreseen, the possibility of such damages.

7.11. To the maximum extent permitted by applicable law, GINA disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.

7.12. You agree that the above exclusions and limitations of liability are reasonable and enable the Services and the GINA Content to be provided by GINA at either reasonable costs or no costs to you.

 

8. Linked Sites

8.1. GINA may provide links to other sites (“Linked Sites”) that may be of relevance and interest to users. GINA has no control over, and is not responsible for, the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites. 

8.2. Links on the Chatbot to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Chatbot. We have not reviewed all of these Linked Sites and do not control and are not responsible for any of these sites or their content. Thus, we do not endorse or make any representations about them, or any information, software or other goods or materials found there, or any results that may be obtained from using them. If you decide to access any of the Linked Sites linked to the Site and/or the Chatbot , you do this entirely at your own risk. 

 

9. Data Use & Privacy

9.1. Please do not submit any personal information or data without first reading out Privacy Policy which explains our data use and privacy practices in detail. 

9.2. The foregoing consents provided by you in Clause 1 supplements but does not supersede nor replace any other consents you may have previously provided to GINA in respect of your Personal Data, and your consents herein are additional to any rights which we may have at law to collect, use or disclose your Personal Data. 

9.3. The Site and/or the Chatbot may provide links to Linked Sites whose data protection and privacy practices may differ from those set forth here. We are not responsible for the content and privacy practices of these other websites and you agree to review and abide by the data protection and privacy notices of those sites. 

9.4. If in connection with your use of the Site and/or the Chatbot, you provide the personal data of any third parties, you warrant and represent that the said third parties have also consented to the terms of the Privacy Policy, and to the collection, use and disclosure of their personal data in accordance with the aforesaid.

9.5. You warrant and represent to GINA that all personal data which is submitted to the Chatbot by you through your use of the Chatbot is complete, accurate, true and correct.

9.6. The Site uses cookies. A cookie is a small text file which is placed on your device whenever you run or use the Site. These cookies collect information about your use of the Site and/or Chatbot. We use cookies and other related technologies to facilitate your use of Site and/or Chatbot and to improve your experience of the Site and/or Chatbot. You may change the settings on your device to block the use of cookies. However, if you do choose to block the cookies used in the Site, you may not be able to use certain features and functions of the Site.

 

10. Notification of Infringement

10.1. Pand.ai reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of GINA Content, User Content and other material on the Site and/or the Chatbot (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on the Site and/or the Chatbot, please notify Pand.ai in writing immediately via email and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).

10.2. All Infringement Notices shall be delivered by hand to us at the following address:

The Administrator

80RR Fintech Hub SG, 80, Robinson Rd, #08-01, Singapore 068898

hello@pand.ai or contactus@gina.sg 

10.3. Pand.ai will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against GINA in respect of any copyright infringement, unless you have first given GINA the Infringement Notice and sufficient opportunity to remove the infringing material, and only if GINA refuse or fail to remove the infringing material within a reasonable time. Where GINA remove the infringing material in response to your Infringement Notice, you agree not to exercise and you hereby waive any right of action against us under any applicable laws which you may have in respect of any infringing material appearing on the Site and/or the Chatbot prior to such removal by us.

10.4. You acknowledge and agree that GINA have no control and cannot undertake responsibility or liability in respect of infringing material appearing on Linked Sites or other third party sites.

 

11. Content

11.1. Pand.ai reserves the right to investigate notices of infringement under the Protection from Online Falsehoods and Manipulation Act 2019 (No. 18 of 2019), including without limitation the Code of Practice for Transparency of Online Political Advertisements and the Code of Practice for Preventing and Countering Abuse of Online Accounts (“Relevant Notices”) received in respect of GINA Content, User Content and other material on the Site and/or the Chatbot and take such action as it considers appropriate to comply with the requirements of the said Act and/or Codes.

11.2. If you believe that any GINA Content, User Content and other Material on the Site and/or the Chatbot contravenes the said Act or any other written law, including without limitation where (a) there are online political advertisements that are undisclosed or miscategorised; (b) there is a suspected abuse of advertising tools by malicious actors; and/or (c) there are compromised end-user account(s) and/or account(s) that impersonate any "verified" accounts, you may notify Pand.ai in writing from time to time for such purposes, available here.

11.3. If you detect any suspected vulnerabilities or weaknesses in the Services, the Site, the Chatbot, systems, resources and/or processes which may potentially affect GINA’s internet-accessible Services, notify us immediately or as soon as practicable by submitting a report to us at contactus@gina.sg, and encrypt all communications whenever possible. This Clause 11.3 does not authorise or permit the taking of any action which may contravene applicable laws and regulations, including without limitation the Computer Misuse Act (Cap. 50A) and all of GINA’s rights and remedies are expressly reserved. Without limiting the generality of the foregoing, any exploitation or testing of suspected vulnerabilities or gaining unauthorised access to any computer program or data is prohibited, and you agree and undertake not to

  (a) publish or publicly disclose any suspected vulnerability to any third party;

  (b) deploy destructive, disruptive or other unlawful means to detect vulnerabilities, including without limitation any attacks on physical security, social engineering, denial of service, brute force attacks; and

  (c) exploit, test or otherwise use any suspected vulnerability, including without limitation taking any step(s) to access, copy, create, delete, modify, manipulate or download any data or programme, build system backdoor(s), modify system configuration(s), facilitate or share system access. 

12. User Content

12.1. By submitting any content (including without limitation, any photograph, words, pictures, or symbols) to the Site and/or Chatbot, you hereby grant to us rights as stated below: 

  (a) Please exercise respect when participating in any community feature on the Services which permits you to upload or submit User Content. 

  (b) You may not submit, upload or publish through the Site any User Content that is inaccurate, misleading, libellous, defamatory, threatening, pornographic, obscene, indecent, lewd, abusive, illegal, political, racist, religious, blasphemous, false, an infringement of any intellectual property rights of a third party, or would otherwise violate or encourage the violation of any law (including the Official Secrets Act (Cap.213)) or the proprietary or other rights of any third party (individually and collectively “Improper Works”).  Furthermore, you may not submit or publish User Content that solicits funds, or includes programs that contain viruses, Trojan horses, worms, time bombs or any other programs designed to impair the operation and functionality of the GINA and/or Website or any computer.

  (c) All User Content are not monitored by us. We do not pre-screen nor do we exercise editorial control over User Content, and are not responsible for the same. However, GINA at all times retains the sole discretion to: 

     i. Without limiting the foregoing right, GINA may monitor the Services for Improper Works (but is not obligated to do so) and reserves the right to remove any Content, including User Content which GINA believes are Improper Works, or which is the subject of any dispute. GINA may delete, archive, block or remove communications by you (including but not limited to feedback, postings, messages and/or chats). 

     ii. GINA may in its sole and absolute discretion lift the restriction or suspension of your access to the Services, if GINA is satisfied that the User Content no longer constitutes Improper Works or is the subject of any dispute. If full payment was received by GINA for the display of such removed User Content, GINA will restore such paid User Content (provided always that such User Content is no longer deemed as Improper Works or is the subject of any dispute) on to the Site until the remaining term for its display expires. For the avoidance of doubt, GINA shall not be obliged to extend the term for the display of paid User Content, for the time period that such User Content was removed from the Site. In the event that GINA fails to restore the paid User Content for whatsoever reason, you agree that GINA shall only be liable to refund the amounts paid for the display and publication of such User Content, on a pro-rated basis for the remaining and unexpired term for its display.

  (d) You agree to indemnify and hold GINA, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of User Content you submit, post to or transmit through the Site, the Chatbot or Services.

 

13. Use of Information

13.1. In addition to and without limiting the terms of the Privacy Policy, by providing the information requested, you hereby consent to GINA’s use and disclosure of all such information and information relating to your use of GINA for the following purposes:

  (a) to respond to your requests and queries; 

  (b) to provide the Services to you; 

  (c) to verify and process your persona, particulars and payments in relation to the provision of the services; 

  (d) to communicate information and updates to you in relation to the Services; 

  (e) to enforce these conditions and our legal rights and remedies; 

  (f) for marketing research, user profile and statistical analysis for the improvement of the Services on an anonymous basis; 

  (g) for complying with law, the requests of law enforcement and regulatory officials, or orders of court; and consulting our professional advisers (including but not limited to accountants, lawyers and financial advisers); 

  (h) for any other purpose for which we have obtained your consent, including the disclosure of such information to third parties including companies and organisations who provide a service to us or are acting as our agents (including their sub-contractors), or which assist us in processing transactions you make (including but not limited to payment processing service providers) and in providing value added services that you have requested; and

  (i) for any other purpose reasonably related to the purposes listed above

14. User Obligations

14.1. You represent and warrant that you have read and agree to be bound by this Agreement. 

14.2. You agree that you will not: 

  (a) use the Site and/or the Chatbot for purposes of conducting and/or disseminating surveys, contests, pyramid schemes, chain letters, junk email, spamming or sending of any duplicative or unsolicited messages; 

  (b) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;

  (c) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;

  (d) upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you have ownership or control the rights thereto or have received all necessary consent to do the same;

  (e) use any material or information, including images or photographs, which are made available through the Site and/or the Chatbot in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

  (f) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

  (g) engage in mass automated, systematic or any form of extraction of the material ("the Content") on the Site and/or the Chatbot, or use it to create or include it within another electronic database or public portal or try to re-sell it or re-distribute it. We also reserve the right to prohibit or restrict the way in which other websites link to or frame or represent any of the Site and/or the Chatbot content;

  (h) violate any applicable laws or regulations, including without limitation, the Protection from Online Falsehoods and Manipulation Act 2019 (No. 18 of 2019) and the Protection from Harassment Act (Cap. 256A);

  (i) hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site and/or the Chatbot, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming;

  (j) use any automated process, use any kind of scripting software or bots or service to access and/or use of the Site and/or the Chatbot; and/or

  (k) create a false identity for the purpose of misleading others.

14.3. You agree that when using the Site and/or the Chatbot: 

  (a) you will only submit, upload or public User Content in strict compliance with Clause 4 below; 

  (b) you will use the GINA and/or Website for lawful purposes only and in accordance with the Terms and Conditions and all applicable laws, rules, codes, directives, guidelines, policies and regulations; 

  (c) you will not offer for sale items and/or services which are illegal, banned, unlicensed, controlled, or socially or morally reprehensible items; 

  (d) you will not offer for sale items and/or services, or submit, upload or publish User Content, in an incorrect or inappropriate category or area on GINA and/or Website, including without limitation posting unauthorised advertisements in any forum, discussion or message boards that is open and accessible to users of GINA and/or Website; and 

  (e) you will not alter, delete, manipulate, undermine or interfere with the listings or postings of any other member. 

14.4. Any infringing, fraudulent, abusive, or otherwise illegal activity, or any breach of the Terms and Conditions, shall be grounds for termination of your use, at Pand.ai’s sole and absolute discretion, and you may be reported to appropriate law-enforcement agencies.

14.5. If you detect any suspected vulnerabilities or weaknesses in GINA and/or Website, systems, resources and/or processes which may potentially affect GINA’s and/or Website’s internet-accessible services, notify us immediately or as soon as practicable by submitting a report to us at admin@gina.sg. This Clause does not authorise or permit the taking of any action which may contravene applicable laws and regulations, including without limitation the Computer Misuse Act (Cap. 50A) and all of Pand.ai rights and remedies are expressly reserved. Without limiting the generality of the foregoing, any exploitation or testing of suspected vulnerabilities or gaining unauthorised access to any computer program or data is prohibited, and you agree and undertake not to:

  (a) publish or publicly disclose any suspected vulnerability to any third party; 

  (b) deploy destructive, disruptive or other unlawful means to detect vulnerabilities, including without limitation any attacks on physical security, social engineering, denial of service, brute force attacks; and

  (c) exploit, test or otherwise use any suspected vulnerability, including without limitation taking any step(s) to access, copy, create, delete, modify, manipulate or download any data or programme, build system backdoor(s), modify system configuration(s), facilitate or share system access.

14.6. You agree to indemnify and hold GINA, and its partners and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of: 

  (a) any advertisements, listings, postings or User Content placed by you; 

  (b) any products and services offered, sold, provided or advertised by you; 

  (c) your use of any Services; 

  (d) your breach of warranty, or breach of any terms and conditions; 

  (e) your misinterpretation, fraudulent acts, tortious acts, breach of conduct, or violation of any rights of another person or entity. 

15. No Guarantee of Access

15.1. We do not guarantee access to the Site and/or Chatbot, since access over the internet can sometimes be affected by technical failures or third party activity (such as the transmission of viruses and other malicious acts) outside our control. In addition, from time to time we may have to suspend service on the Site and/or Chatbot in order to make changes to it or to correct technical problems that have arisen.
 

16. Exclusion of Liability

16.1. GINA shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by you arising from or in connection with:

  (a) any access, use or the inability to access or use of the Site and/or Chatbot, or reliance on the content and/or any information in the Site and/or Chatbot;

  (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 website linked to the Site and/or Chatbot, even if we or our agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement of such websites and such websites should only be accessed at your own risks;

16.2. GINA is not obligated to monitor, control or endorse the content on the Site and/or Chatbot, and therefore specifically disclaims any liability arising from or in connection with your use of the Site and/or Chatbot. 

16.3. GINA disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your personal data, including but not limited to any loss of, or any inability to retrieve, any personal data, howsoever caused, or any inaccuracy in the personal data presented, used or transmitted.

16.4. This exclusion clause shall take effect to the fullest extent permitted by Singapore law.

 

17. Jurisdictional Issues

17.1 The Site and the Chatbot is owned and operated by Pand.ai in Singapore. Pand.ai makes no representation that the Contents of the Site and/or the Chatbot are appropriate or available for use in your location. Those who choose to access the Site and/or the Chatbot from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

 

18. Indemnity

18.1. You agree to indemnify and hold GINA, and its subsidiaries, affiliates, officers, agents, partners, and employee, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of 

  (a) any use of the Site or any Service;

  (b) your connection to the Site; 

  (c) your breach of any terms and conditions of this Agreement; 

  (d) your violation of any rights of another person or entity; or

  (e) your breach of any statutory requirement, duty or law.

 

19. Severability

19.1. If any provision of this Agreement is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision determines, this Agreement shall continue in force save that such provision shall be deemed to be deleted. 

20. Relationship of Parties

20.1 Nothing in this Agreement shall constitute or be deemed to constitute an agency, partnership or joint venture between GINA and you and neither party shall have any authority to bind the other in any way. 

 

21. Waiver

21.1. No waiver of any rights or remedies by GINA shall be effective unless made in writing and signed by an authorised representative of GINA.

21.2. A failure by GINA to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

 

22. Assignment

22.1. You may not assign this Agreement or any of its rights or obligations under these Agreement to any party

22.2. GINA may, by notice in writing posted on its Site, assign all of its rights and interests relating to or in connection with this Agreement, the Site, the Chatbot and/or Services to a wholly-owned subsidiary of GINA (the “Transferee”) without your consent.

22.3. Without prejudice and in addition to the right under Clause 22.2 above, GINA may, by notice in writing posted on its Site (the “Notification”), transfer and/or novate all of its rights, interests, obligations and liabilities relating to or in connection with this Agreement, the Site, the Chatbot and/or Services to the Transferee, and you shall not withhold your consent thereto. For the avoidance of doubt, you hereby consent to (a) the assignment of all rights of GINA relating to or in connection with this Agreement, the Site, the Chatbot and/or Services to the Transferee, (b) the assumption by the Transferee of all liabilities of GINA relating to or in connection with this Agreement, the Site, the Chatbot and/or Services, (c) the release of all obligations of GINA relating to or in connection with this Agreement, the Site, the Chatbot and/or Services, and (d) the Transferee taking the place of GINA as if it were named in all documents relating to or in connection with this Agreement, the Site, the Chatbot and/or Services as a party thereto in place of GINA, in each case with effect from such effective date as may be informed in the Notification.

 

23. Rights of Third Parties

23.1. Except as provided for in Clause 18, a person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

 

24. Force Majeure

24.1. No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

24.2. For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.

 

25. Governing Law & Jurisdiction

25.1 This Agreement and all matters relating to your access to, or use of, the Site and the Services shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (Cap. 88), without giving effect to any principles of conflicts of law.

25.2. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.

26. Contact Us & Notice

26.1. If you have any feedback or enquiries relating this the Site, the Chatbot and/or the Services, and/or this Agreement, please contact us. 

26.2. All notices required or permitted to be given hereunder to GINA shall be in writing and in the English language and shall be sent by hand or by post to: 

 

80RR Fintech Hub SG, 80, Robinson Rd, #08-01, 

Singapore 068898

Attention: The Administrator 

or, to such other address and person as GINA may hereafter specify to you by notice in writing expressed to be for the purposes of this clause.  

 

(Updated as of 21 November 2021)