I. OUR TERMS & CONDITIONS – PLEASE BEAR WITH US

1. It may not be your favourite pastime but please read these Terms & Conditions including the Privacy Policy and the Cookie Policy (jointly, the “T&C’s”) carefully. Why? Because by visiting, accessing, using or obtaining any content or data from our website www.gobear.com/my (“Website” or “GoBear”) or by obtaining or using any of the services rendered by us through our Website, you agree to be bound by these T&C’s. The T&C’s apply regardless of whether you access our Website through a computer, a mobile device or otherwise.

2. By agreeing to be bound by these T&C’s you are entering into a binding legal agreement with us: Woodpecker Asia Tech Pte. Ltd. and our legal successors. If we refer to “we”, “us” or “our” in these T&C’s we mean Woodpecker Asia Tech Pte. Ltd.

3. If you are unhappy with these T&C’s and you do not wish to accept all of the terms of the T&C’s, we unfortunately have to say goodbye here and kindly ask you to discontinue the use of our Website immediately.

II. MODIFYING IS NOTIFYING

1. There may be a need for us to modify these T&C’s at any given time. Before we modify our Website, we will notify you. We will do so by posting a notice on our Website at least fourteen (14) days before such modification becomes effective and enters into force. You will be bound by the modified T&C’s if you (continue to) visit, access or use our Website or obtain or use any of the services rendered by us through our Website after the lapse of the aforementioned fourteen (14) days notification term.

2. Again, if you are unhappy with our modified T&C’s and you do not wish to accept all of the terms of the modified T&C’s, we kindly ask you to discontinue the use of our Website immediately.

III. HOW GOBEAR WORKS IN A NUTSHELL

1. We are a price and benefits comparison website comparing the prices of various general financial services and banking products in Malaysia offered to customers in Malaysia. We work together with various financial services companies, financial services brokers, financial services  agents, financial institutions and/or other financial services product intermediaries (jointly, the “Financial Services Provider” or “Financial Services Providers”) in Malaysia who provide us with their product specifications, prices and any other relevant data to generate a price and benefits comparison. We do not pretend or guarantee to compare the prices of any and all Financial Services Providers active in Malaysia. There may very well be financial services companies or financial services intermediaries that are not linked to us as a result of which we cannot include them in our comparison and you will not find their products on our Website.

2. After you key in certain specific Personal Data (as defined in our Privacy Policy) and other relevant data, our Website will generate a price and benefits comparison for the financial services product of your choice. Our Website will show a list of Financial Services Providers that offer your selected financial services product with the corresponding prices and an option to click on “select” with each displayed product. If you choose to click on the “select” button of a certain Financial Services Provider, you will be redirected to the website of that Financial Services Provider and your Personal Data will be disclosed and forwarded to the selected Financial Services Provider. Once you are redirected to the website of the Financial Services Provider, our work is done. We are not involved in any discussions and negotiations between you and the Financial Services Provider or in the placement or purchase of any financial services product or service.

IV. HOW GOBEAR AND THE FINANCIAL SERVICES PROVIDERS ARE LINKED

1. Our Website and the services we render through our Website are free of charge for you. We mainly make our money from fees we receive from the Financial Services Providers once a visitor is redirected to their website.

2. We do not own or control any of the Financial Services Providers, the products or services of the Financial Services Providers displayed on our Website nor do we own, control or operate the Financial Services Providers’ websites. We provide the links to the Financial Services Providers’ websites for your reference and convenience only and we accept no responsibility or liability in respect of those websites or for any loss or damage that may arise from your use of them. The Financial Services Provider’s website may very well have its own terms and conditions and privacy policy and you should refer to them before you use the relevant Financial Services Providers’ website.  Any involvement and any dealings you have with a Financial Services Provider are for your own account and entirely at your own risk.

3. The information displayed on our Website that pertains to the Financial Services Providers, their products and services as well as the (the result of the) generated price, benefits, miles or cashback comparison (the “Comparison Content”) is based on information and data we obtain from the Financial Services Providers and the information you submit through our Website. For that reason, we can’t bear any responsibility or liability for the accuracy, completeness or correctness of the Comparison Content nor can we be held responsible or liable for any errors, mistakes or omissions in this respect.

4. As said, we are a price and benefits comparison website and facilitate the comparison of general financial services products of the Financial Services Providers linked to us. We are not a financial services company, a financial services broker, a financial services  agent or a financial services intermediary. Therefore, the content displayed on our Website including but not limited to the Comparison Content does not in any way suggest, imply, establish or constitute an endorsement, approval, recommendation or advise in respect of a Financial Services Provider or  their products or services including the quality or suitability of the product or service for your (personal) use. The Comparison Content (or any part thereof) will also not be considered or construed to be an offer or solicitation to buy any product or service from the Financial Services Providers or any other third party for that matter.

5. If you eventually decide to purchase a product or service from a Financial Services Provider, you are entering into an agreement with the Financial Services Provider, not with us. Subsequently, we do not bear any responsibility or liability for your purchase, the suitability or quality of the product or services or the agreement you enter into with the Financial Services Provider.

V. THE THINGS THAT YOU BEAR RESPONSIBILITY FOR

1. You agree to be responsible for the following:

a. You will use our Website only if you are 18 years or older, for personal, non-commercial use only;

b. If you create an account through our Website or if you (otherwise) submit any Personal Data (as defined in our Privacy Policy) or other data to us, you represent that the data you provided is true, current, accurate and complete.

c. You are responsible for keeping your Personal Data updated and accurate at all times;

d. You are responsible for safeguarding the security of your account (username and password) and you will not share your account details with anyone else;

e. You will refrain from using our Website or our services for any illegal or unlawful purposes;

f. You will not violate any technological measures placed in our Website or bypass, circumvent, avoid, remove, deactivate, descramble, decrypt or otherwise impair any measures installed or used by us to prevent or restrict access to (parts of) our Website, the Website IP (as defined hereafter in clause VII(1) of these T&C’s) or the Content;

g. You will refrain from creating a link from any website to our Website;

h. You will not use any software, instruments or devices that (attempt to) interfere with our Website or the due operation of our Website, and;

i. You are responsible for checking and ensuring the suitability, usefulness, quality, adequacy and availability of the products or services of the Financial Services Providers displayed on our Website for your personal use and if necessary or desired, you should seek and obtain professional advice on the products prior to making any purchasing decision.

VI. PERSONAL DATA, PRIVACY AND COOKIES

1. We take the protection of your personal data seriously and we refer you to our Privacy Policy and Cookie Policy for further information and details. Our Privacy Policy and Cookie Policy form an integral part of these T&C’s.

VII. THE BEAR IS OURS (PLUS, SOME OF THE CONTENT BELONGS TO THE FINANCIAL SERVICES PROVIDERS)

1. Our Website bears quite some data that is protected under intellectual property laws and regulations. More specific we are the owner of our Website and all data and content displayed on our Website including but not limited to all images of our bear, all other images, text, symbols, logo’s, designs, trademarks, graphics, files except for the data on our Website that is owned by or licensed to the Financial Services Providers or other relevant third parties we work with (jointly, “Website IP”).

2. Save for your permitted personal use of our Website and services in accordance with these T&C’s you will not use, copy, transmit, deep-link, hyper-link scrape, download, display, duplicate, sell, trade, market, utilize, exploit, publish, distribute, broadcast or reproduce the Website IP or any portion thereof unless you have obtained the prior written approval from us, the relevant Financial Services Provider, or the other relevant third parties we work with, whichever is applicable. You can contact us here

VIII. REPRESENTATION AND WARRANTY DISCLAIMER  

1. Our Website, the Comparison Content and the services provided by us through our Website are provided on an “as is” and “as available” basis. Even though we will use reasonable measures to ensure the accuracy of the Content, we do not make or give any express or implied representations, warranties or guarantees of any kind in relation to our Website, the Comparison Content, the services provided by us through our Website or the (content of the) websites of the Financial Services Providers that you may be redirected to including but not limited to any representations, warranties or guarantees in respect of title, non-infringement, suitability, validity, usefulness, accuracy, completeness, security, currentness, quality or fitness for a particular purpose including the purpose of your own personal use.

2. Further, we do not make or give any express or implied representations, warranties or guarantees for the uninterrupted, error-free, defect-free, virus-free, timely or secure access or use of our Website, the Comparison Content, the services provided by us through our Website or the (content of the) websites of the Financial Services Providers.

IX. LIMITATION OF LIABILITIES

1. We, together with our directors, officers, members, employees, representatives and affiliates, exclude any and all liabilities for any losses or damages from whatever nature and whether arising from contract, tort, strict liability or otherwise in relation to redirecting you to the Financial Services Provider’s website and in relation to your subsequent interaction and dealings with the Financial Services Providers. 

2. We, together with our directors, officers, members, employees, representatives and affiliates, exclude any and all liabilities for any losses or damages from whatever nature and whether arising from contract, tort, strict liability or otherwise in relation to your purchase or anticipated purchase of a product or service from a Financial Services Provider.

3. We, together with our directors, officers, members, employees, representatives and affiliates, expressly exclude any and all liability for any losses or damages arising from or in relation with:

a. any viruses or other destructive properties that may infect your computer, your  computer programs or systems or other proprietary material as a result of your visit or access to our Website, the Comparison Content or your use of the services provided by us through our Website, or the (content of the) websites of the Financial Services Providers that you may be redirected to; or

b. force majeure events such as outbreak of war, state of emergency, industrial strikes and acts of god.

4. Under no circumstances and in no event shall we be liable for any indirect, special, punitive, incidental or consequential damages of any kind , including loss of profits and savings whether arising from contract, tort, strict liability or otherwise in relation to (the use of) our Website, the Comparison Content, the services provided by us through our Website or the (content of the) websites of the Financial Services Providers that you may be redirected to. 

5. In any event, our aggregate liability for any losses or damages whether arising from contract, tort, strict liability or otherwise in relation to (the use of) our Website, the Comparison Content, the services provided by us through our Website or the (content of the) websites of the Financial Services Providers that you may be redirected to, is limited to an amount of MYR 300 (Ringgit Malaysia three hundred) only.

6. All exclusions and limitations of liability in this clause shall be to the fullest extent permitted by law.

X. INDEMNITY

1. You irrevocably agree to indemnify and hold us harmless for any claims, liabilities, losses, damages,  expenses, costs (including reasonable legal fees), charges, penalties, actions, proceedings and demands, whether direct or indirect, suffered or incurred by us as a consequence of or arising from (i) your use and misuse of our Website; (ii) your breach of any of the provisions of these T&C’s; (iii) your infringement of any intellectual property rights including the Website IP or (iv) any third parties claims against us arising from or in relation to the aforementioned events under (i), (ii) or (iii).

XI. OTHER THINGS TO BEAR IN MIND

1. We reserve the right to terminate, suspend or discontinue your use and access to our Website and we are entitled to cancel your account at all times without giving prior notice and without being required to provide any reason.

2. Should we fail to exercise or enforce our rights under these T&C’s this will not be deemed or construed to be a waiver of such right; we will remain entitled to exercise or enforce such rights in the future at any given time.

3. In the event any of the provisions of these T&C’s is rendered unenforceable, null, void, inapplicable, illegal or otherwise invalid in any jurisdiction,  such provision will be deemed substituted by a valid and enforceable provision that is most similar to the (intent of the) original provision and all the other provisions of these T&C’s will remain in full force and effect.

4. These T&C’s make up the entire agreement between you and us and shall supersede any and all prior verbal or written agreements in relation to our Website or the use of the services provided by us through our Website.

XII. LAW AND DISPUTE RESOLUTION

1. We don’t like fighting but in the unfortunate case we do end up in a dispute, please note that these T&C’s shall be exclusively governed by the laws of Malaysia and that we (both you and us) shall submit any dispute or claim to the exclusive jurisdiction of the courts of Malaysia.

2. If there is any conflict between the English and Bahasa Malaysia versions of this T&C’s, the English version shall prevail.