The "Terms of Service" stated herein constitute a legal agreement between you ("User") and MONEYMATCH SDN BHD ("Company"). By using the "Service" (as defined below) offered to you by the Company, you agree that you have read, understood, accepted and agreed with these Terms of Service. If you do not wish to abide by the Terms of Service, please discontinue using the Service.
The Company reserves its right to amend, revise, supplement, vary and/or terminate the Terms of Service ("Changes") at any time and from time to time. Any Changes to the Terms of Service will be updated and published on the Company’s website accessible by you and your continuous usage of the Service shall be deemed as your acceptance to the Changes.
- THE SERVICE
In collaboration with "Licensed Agencies" registered with the General Insurance Association of Malaysia (PIAM), Life Insurance Association of Malaysia (LIAM) and Malaysia Takaful Association (MTA), who act as insurance agents of licensed insurers ("Insurer"), the Company offers Users information in relation to purchasing insurance products and services ("Policy").
The Company which includes its relevant subsidiaries, affiliates, officers, employees, agents, advisors (each a "Representative") will assist the Users in the registration, purchase and/or management of the Insurance Policies through the Company.
- USE OF THE SERVICES
During the use of the Service, you may enter into negotiations with the Licensed Agencies and/or the Insurer, to purchase a Policy. In such circumstances, you acknowledge that you may be bound by additional terms and conditions imposed by the Insurer unto a person purchasing a Policy. As such, these additional terms and conditions are solely between you and the Insurer, Licensed Agencies and/or third party providers, where applicable.
The User’s purchase of a Policy through the Company’s Service is effective only upon the completion of a registration and acceptance thereof by the Insurer. Please be informed that the Company is only collecting or assisting in collecting information as part of its provision of the Service, and the Company and its Representatives do not guarantee the success of any User’s registration and/or purchase of a Policy.
The Company and its Representatives shall have no liability, obligation or responsibility for any such negotiation, purchase, transaction or promotion of a Policy; nor shall the Company be liable for any content, products, services or materials available on websites or equivalent platforms of the Insurer. The Company disclaims any liability arising from such negotiations and/or agreements made between you and the Insurer.
With respect to the Services, you acknowledge that by registering as a User and where relevant or necessary, the Company may be required to :-
- request from you personal information or conduct relevant due diligence, for the purpose of verifying your identity or the identity of the beneficial owner pursuant to applicable laws and regulations;
- request from you information relevant to and for the Policy registered by you through the Service;
- share relevant information provided by you to the Licensed Agencies, the Insurer and/or relevant Representatives solely for the purpose of providing the Services;
- use the information provided by you to optimize its offering of the Services to you; and
- manage your Policy in accordance with the Services.
The Company reserves the right to refuse provision of the Services to any person who fails to or refuses to comply with any relevant and necessary request for the use of the Services. The Company shall not be held liable for failure to provide the Services in such a circumstance.
The Company further reserves the right at its sole discretion to terminate, suspend or make any Changes to these Terms of Service which may include Changes to its Services, provision of the Services, the Licensed Agencies and the Insurer. In the event of such Change, the Company will update and publish the same on the Company’s website and notify Users who have successfully purchased a Policy via the contact details provided by you during registration, or by any other manner deemed appropriate by the Company in accordance with these Terms of Service.
- MOBILE AND WEB PLATFORMS
The information offered by the Company and its Representatives to the Users in relation to the Service via its mobile and/or web platforms, or via other methods such as verbal communication is not and should not be construed as insurance advice. The Company is only a platform provider to which any such Policy may be purchased from, and the Company itself is not an Insurer.
Such mobile and/or web platforms which belong to the Company may contain links and/or references to other websites. Any access to any third party links shall not be construed to be the Company’s liability, nor does the Company endorse any applications or websites associated with the Insurer, Licensed Agencies and/or other third party providers.
Your use of these applications or websites are subject to the terms and privacy policies of each site and the Company shall not be liable for any inaccurate, missing or misconstrued information and makes no guarantee as to the quality and precision of the information.
- THIRD PARTY PROVIDERS
The Company reserves the right to appoint third party providers and/or business partners to carry out certain responsibilities and obligations with respect to the Service, and/or to exercise the rights under these Terms of Service. However, any representations made by such third party and/or business partner shall not be at any point construed to be the liability of the Company.
- REPRESENTATION AND WARRANTY
The Service is provided on an “as-is'' basis and to the fullest extent permitted by law, the Company makes no representations or warranties of any kind, whether express or implied, in relation to the quality, completeness and/or accuracy of the Service; or that the use of the Service will be secure, uninterrupted and/or error-free; or that any errors will be corrected; or that any stored information is accurate and/or reliable; or that the Service will meet your expectations. The Company shall not be liable for any delays, failures and damages or loss resulting from the abovementioned issues, nor shall the Company be liable for the loss, deletion and/or failure to store relevant content in the User’s software and/or device used to accept the Services.
The User shall accept the Services at its own risk and expense, and shall be responsible for the performance and security of any software and/or device used by the User, if any, to accept the Services. The User hereby represents and warrants that he/she/it has full power, authority and legal right to form a binding agreement with us and to use the Service; and that by using the Service, the User is not breaching any law, regulation, judgment, order, authorization or decree of any governmental authority. The User further represents and warrants that all information and documents provided to the Company with respect to the Service are true, accurate, complete and not misleading; and that the User shall be personally responsible for any information and documents provided to the Company.
- EXCLUSION AND LIMITATION OF LIABILITY
To the fullest extent permitted by law, the Company shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether directly or indirectly), suffered by the User arising from or in connection with your use of the Service. The Company shall in no manner be liable for the conduct and/or actions of any User; nor be liable for any act, omission or negligence of the Insurer in relation to the Policy purchased through the Services; nor be liable for any representations made by the Licensed Agencies.
The Company shall not be liable and shall not be deemed to be in breach of these Terms of the Service by reason of any delay or failure in performing any of its obligations herein, if the delay or failure was caused by an event of force majeure. In such circumstance, the Company shall be excused from performance and shall not be in default with respect to any obligation under these Terms of Service. Without prejudice to the generality of the foregoing provision, force majeure shall include without limitation to :-
- an act of God such as fires, explosions, earthquakes, drought, tidal waves or floods;
- war, threat of war, act or threat of terrorism, sabotage, insurrection, civil disturbance or requisition;
- restrictions imposed by any law, regulations, prohibitions or government measures;
- interruption of traffic, strikes, lockouts, industrial actions or trade disputes; (E) breakdown of internet services for any reason (save for willful misconduct of the Company); or
- other unforeseeable circumstances beyond the control of the Company against which it would have been unreasonable for the User or any injured party to take precautions.
By agreeing to the Terms of Service upon your use of the Service, you agree that you shall indemnify and hold the Company and its Representatives harmless from and against any claims, costs, damages, losses, liabilities and expenses (whether present, future, contingent or otherwise and including legal fees on a full indemnity basis) in connection with the following :-
- your use of the Service in your dealings with the Insurer and/or Licensed Agencies;
- any breach, potential breach or threatened breach of these Terms of Service or any applicable law or regulation;
- any misuse of the Service by you, including without limitation to misuse of any Intellectual Property rights under these Terms of Service;
- any violation of any rights of any third party providers or business partners; and/or
- any breach of the Insurer’s terms and conditions in relation to the purchased Policy.
- INTELLECTUAL PROPERTY
These Terms of Service do not constitute the provision of any rights of ownership by the Company to the User in relation to the Service. The Company’s name, logo, platform, software associated with the Service are "Intellectual Property" of the Company, and no right or license is granted to the User to use the same. The User shall not copy, distribute or modify any part of the Services; nor shall the User transmit any information which contains software viruses or other harmful computer code, files or programs which may disrupt networks connected to the Services.
Using the Services do not give the User ownership of any Intellectual Property rights in the Services, which shall remain exclusive property of the Company and its applicable licensors.
The User shall keep confidential all information, software, user list, database, texts, graphics, logos, photos and other information not available to the public, which may be in any form including without limitation to visual, audio, oral or electronic form, relating to the Company and obtained, provided or disclosed through the Company (collectively "Confidential Information").
The User shall not divulge or communicate to any person (save as may be required by law or any legal or regulatory authority) any Confidential Information and shall use reasonable endeavors to prevent the publication and/or disclosure of any Confidential Information, and shall only use the Confidential Information with respect to the Services.
- PERSONAL DATA PROTECTION
The Company may terminate the Services with immediate effect in the event that you are found to be in breach of any of the provisions in these Terms of Service. For the avoidance of doubt, termination herein does not require the Company to reimburse you or cover any costs incurred by you in the course of your use of the Service.
- REMEDIES AND WAIVER OF RIGHTS
No remedy conferred by any of the provisions of these Terms of Service is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder. The election of one or more of such remedies shall not constitute a waiver of the right to pursue any other available remedies.
No failure or delay by either the User or the Company in exercising any right, power or privilege granted under these Terms of Service or any applicable law shall operate as a waiver thereof.
Communication between the User and the Company shall be made through the contact details provided by the User to the Company during registration under these Terms of Service, or any other manner deemed applicable by the Company depending on each circumstance. All notices and communications are effective upon delivery.
- GOVERNING LAW AND JURISDICTION
These Terms of Service shall be governed and construed in accordance with Malaysian law. In the event any dispute shall arise amongst the User and the Company in connection with the subject matter within these Terms of Service, such dispute shall first be negotiated between the User and the Company to reach an amicable settlement. Where an amicable settlement is not achievable, the dispute shall be referred to the jurisdiction of the Malaysian courts.
Unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing a gender include every gender. Where a word or phrase is given a defined meaning in these Terms of Service, any other part of speech or other grammatical form in respect of such word or phrase has a corresponding meaning.
Nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship between the User and the Company.
The User shall not assign or transfer its rights, title, interests, benefits, liabilities and/or obligations under these Terms of Service without the prior written consent of the Company.
The provisions contained in these Terms of Service shall constitute the entire agreement between the User and the Company with respect to the subject matter herein, and it shall supersede all previous discussions, expectations, understandings, communications, representations and agreements (whether oral or written).
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.