Terms and conditions

(version 16 February 2020)

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/ph (“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 GoBear group of companies (collectively referred to as “we”, “us” or “our”).

 

3. If you do not agree or 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.

 

4. Our Website is only intended to be used by persons residing in Philippines (“Philippine Residents”). By agreeing to be bound by these T&C’s, you represent and warrant that you are a Philippine Resident. If you are not a Philippine Resident, please discontinue the use of our Website and reselect your country of residence here.

 

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 the T&C’s on our Website, we will notify you. We will do so by posting a notice on our Website at least seven (7) days before such modification becomes effective and enters into force. You agree that it is your responsibility to review these T&C’s regularly and be bound by any 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 seven (7) days notification term.

 

2. Again, if you do not agree 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 work together with financial service companies, insurance brokers, insurance companies, financial services product intermediaries and/or financial institutions (jointly, the “Financial Services Provider” or “Financial Services Providers”) in Philippines to provide you with an assortment of products.

 

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 service product of your choice. Our Website will show a list of Financial Services Providers that offer your selected financial service product with the corresponding prices and an option to click on “select” with each displayed product. For certain products, you may obtain from our Website (i.e. general insurance products). For other products, you may be redirected to the website of the Financial Services Provider.

 

IV. HOW GOBEAR AND THE FINANCIAL SERVICES PROVIDERS ARE LINKED

 

1. We are remunerated by the Financial Services Providers.

 

2. The information displayed on our Website that pertains to the Financial Services Providers, their products, 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. 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.

 

3. Save for products offered by us, we do not own, control or operate any of the Financial Services Providers, their products or their websites. 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 Provider’s website. Any involvement and any dealings you have with a Financial Services Provider are for your own account and entirely at your own risk.

 

4. Save for products offered by us, we do not bear any responsibility or liability for your purchase, the provision of the product by the Financial Services Provider, the suitability or quality of the product 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), you will not share your account details with anyone else and will let us know if you suspect any unauthorized activity on your account;

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;

i. You are responsible for checking and ensuring the suitability, usefulness, quality, adequacy and availability of the products 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 or submitting an application;

j. If you choose to submit any content for publication on our Website (e.g. posting a review for a product), you hereby warrant that no contribution to our Website (i) will be, or may be considered to be, unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (ii) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iii) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other intellectual property or proprietary right; (iv) contains or may be associated with a computer virus or other harmful component; (v) constitutes or contains false or misleading indications of origin or statements of fact; (vi) contains any information, software or other material of a commercial nature; or (vii) contains advertising, promotions or commercial solicitations of any kind; and

k. You agree to only use our Website in a manner that complies with all applicable laws and regulations and is consistent with these T&C’s.

 

VI. PERSONAL DATA, PRIVACY AND COOKIES

 

1. We take the protection of your personal data seriously and we refer 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. 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, logos, 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 accuracy, 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 or application for a product 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, strikes and acts of god, internet service provider or hosting partner failure, system maintenance (whether scheduled or unscheduled) and non-availability of network, or delay, failure or downtime issues experienced by Google Cloud Platform, Tableau and other suppliers of GoBear or denial of service attack.

 

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 PHP 3500 (three thousand five hundred Philippine Pesos 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, claims, damages and expenses (including reasonable legal fees) arising from or in relation to (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 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. Any notice to us shall be addressed to [email protected].

 

5. These T&C’s do not create any third party rights and any such rights under any law, rule or regulation are hereby expressly excluded.

 

6. 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. Please note that these T&C’s shall be governed by the laws of Singapore. Any dispute or claim shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rule of SIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of arbitration shall be Singapore. The tribunal shall consist of one arbitrator and the language of the arbitration shall be English.