MALAYAN INSURANCE TERMS AND CONDITIONS
Our website
Please read these terms and
conditions of use carefully as they, together with our Security and Privacy
Statement, and your Duty of Disclosure (together called 'Terms of Use')
govern your use of the Malayan Insurance Company, Inc. website and pages
at malayanonline.com. By using our website you agree to and accept the
Terms of Use in force at that time. Additional terms and conditions may apply
to the matters discussed on our website. These will be drawn to your
attention when you browse our website.
If you have any questions
about these Terms of Use please contact us by phone or by email at
ecommerce@malayan.com.
The terms 'our website' and
'our site' refer to the information, text, graphics, services and other data
contained in and under the Uniform Resource Locator ("URL")
malayanonline.com
Our website is owned and
operated by Malayan Insurance Company, Inc. Insurance available for purchase in
the website is underwritten by Malayan Insurance Company, Inc., an
insurance company licensed to undertake non-life insurance in the Philippines.
We have the right to change
these Terms of Use from time to time and without specific notice to you.
Ownership of all materials on our website
We are the owner of all copyrights,
design, graphic and text arrangements, database rights and other intellectual
property rights that exist in our website unless we state otherwise.
Images, logos, names and
trademarks on our website are proprietary marks of Malayan Insurance Company, Inc.
and/or any applicable relevant third party. Nothing on our website gives
any person any license or right to use any such image, logo, name or
trademark, and any such use may constitute an infringement of the rights
of the proprietor and/or licensee.
You may not commercially
exploit, publish, distribute, extract, re-utilize or reproduce any part of our
website and no part of our website may be reproduced, stored, modified,
adapted, uploaded to another location, or produced for display in public
in any form without our prior written approval.
If you participate in any
discussion or forum on our website you confirm that any comments and
suggestions made by you are our property, that we may use your input
without payment to you or any other person, and that we are free to
develop the concepts or similar concepts mentioned by you on our website.
You also warrant that such use by us will not and does not infringe upon any
third party's rights.
No advice
Our website does not
provide you with any personal, financial, investment or any advice of any kind.
Our website and the information it contains does not take into account
your particular financial or insurance position or requirements, and you
should always obtain independent advice before acting upon any of the
information contained on our website or other links contained on our website.
Availability and accuracy of our website
Some technical matters may
be beyond our control and we cannot guarantee that you will have uninterrupted
or error-free access to our website at all times, that defects will be
remedied, or that our website or the servers that make our website available,
are virus or bug-free.
While we have tried to
ensure the accuracy and completeness of the content of the website, we cannot
guarantee that our website will meet all your needs.
Our website and the
information and materials contained in our website are provided on an 'as is'
and 'as available' basis.
Access to and use of our
website is at your own risk and we do not warrant that the use of our website
or any material downloaded from it will not cause damage to any property,
or otherwise minimize or eliminate the inherent risks of the internet
including but not limited to loss of data, computer virus infection,
spyware, malicious software, Trojans and worms. Also, we accept
no liability in respect of losses or damages arising out of changes
made to the content of this website by any unauthorized third parties.
Without notice to you, we
may suspend access to our website from time to time to allow for repair or
maintenance or for other reasons.
If you access or use our
website, you are responsible for your compliance with all local laws that apply
to you. In particular, you are not allowed to access or transact on this
website if your local laws prohibit the access or use of this website, or
renders illegal or unenforceable any product or service contained in it.
THE FOLLOWING PROVISIONS
SHOULD BE READ CAREFULLY AS THEY EXCLUDE OR LIMIT OUR LEGAL LIABILITY IN
CONNECTION WITH YOUR USE OF OUR WEBSITE. Nothing in these provisions
attempts to exclude liability that is not allowed under applicable law.
We are not liable if you
lose any content or material when uploading or transmitting it through our
website.
We also cannot guarantee
that we can or will provide a particular product or service at any particular
time or price, or that a product will be available at any time. We do not
accept liability for withdrawing a product or service or for rejecting your
application for a product or service for any reason.
We exclude any warranties,
undertakings or representations (either express or implied) to the full extent
permitted under applicable law, (including and without limitation, that our website and all
or any part of the content or materials, accuracy, availability or completeness
of the content of the website, or any part of the content or materials are
appropriate or available for use in any jurisdiction).
We (including all of our
employees, officers and directors) will not be held liable by reason of contract,
tort (including negligence), statutory duty or otherwise to any person
arising out of the use of, access to, or non- access to our website, or for any
errors or omissions contained in our website or if our website is
unavailable.
We (including all of our
employees, officers and directors) shall not be liable for any direct or
indirect economic losses or any loss of revenues, data, profits,
contracts, use, opportunity, business or anticipated savings; goodwill or
reputation or any special, incidental, consequential loss or damage,
suffered or incurred arising out of or in connection with your use of our
website (even if they are notified to us); or non-compliance with or breach of
these terms and conditions.
Site access and product purchase
For those products and
services that are only available for purchase in the Philippines, our website
is only intended for use by Filipino Citizens, Philippine Permanent
Residents or foreign nationals residing in Philippines ('Philippines
Residents') and for insurance risks arising in or from Philippines only.
Applications from non-Philippine Residents will not be accepted, unless
otherwise stated. All transactions are quoted in and are payable in
Philippine peso.
To obtain access to certain
online services you are given the opportunity to register with us through My
Account. You are responsible for maintaining the confidentiality of
your details and your password, and for restricting access to your computer to
prevent unauthorized access to your account.
You accept responsibility
and are fully liable for any activity that occurs under your account, and you
should take all steps to ensure your password is kept confidential. You
agree to inform us immediately if you have reason to believe your password has
been compromised or is being used in an unauthorized or illegal manner.
Product terms and conditions
The content of our website
does not constitute an offer by us to sell products and services. Your request
to purchase a product or service represents an offer by you which we may
accept or reject on such terms and conditions in force at the time of our
acceptance.
After you make a request
through our website to purchase the product or service and assuming such
product or service is available to you and your offer is accepted, you
will receive confirmation of your purchase.
Unless we say so, the
information and descriptions on our website do not necessarily represent
complete descriptions of all terms, conditions and exclusions and the
precise cover provided (as applicable). All these shall be included in the
schedule of cover, policy documents and/or conditions of purchase issued
to you. Such documents may be either physical or electronic.
If you apply for any
product or service detailed on our website, these terms and conditions of use
should be read in conjunction with any other terms or conditions relating
to that product or service and, in the event of any contradiction between these
conditions of use and the specific product or service conditions, the
specific product or service conditions shall prevail.
All applications for a
product or service detailed on our website are subject to and must comply with
our normal approval criteria, and are governed by the normal terms and
conditions applying to each product or service requested. Please refer to our
product Policy Details for more information.
You must ensure that the
details and information (especially in relation to payment) that you provide to
us while using our website are correct and that there are sufficient funds
to cover the cost of the product or service. In the case of requesting an
automatic renewal, the credit card you use must be your own and not in
anyone else's name.
Transactions on our website
To the extent permitted by
law, you will receive all of your insurance documents electronically. There may
be some insurance documents that we cannot deliver electronically due to
legal and technological constraints. These will be posted to you.
Online transactions
On our website, you can
make certain transactions online. This may be purchasing a policy,
administering and/or managing a policy, making a renewal payment or other
transactions. These transactions will not be final until we receive and process
your confirmation.
Your confirmation means any
communication issued or transmitted by you to us via our website or other
electronic means and which contains your acceptance in relation to our
offer, or your confirmation of payment, whichever applies.
It is your responsibility
to inform us of any change in your email address. It is also your
responsibility to keep your email account active and capable of receiving
new emails. We are not responsible for emails sent to an inactive or out of
date email account, unless we are solely negligent.
Your confirmation of
payment may not be received by us for reasons including mechanical, software,
computer, telecommunications or electronic failure, or the omission or
failure of other providers or systems which are outside the control of either
of us. You acknowledge that to the extent permitted by law, we are not
liable to you in any way for loss or damage, however caused, directly or
indirectly, in connection with the transmission or submission of an
electronic instruction through our website or any failure to receive an
electronic instruction for any reason.
The credit card details
that you provide to us may be retained after payment is made. Except in
exceptional circumstances, any refund we provide to you for any product
you have purchased by credit card is made back to the credit card account used
to make the initial purchase.
We may refuse to process a
transaction at any time and for any reason. To the extent permitted by law, we
will not be liable to you or to any third party if we do this.
Purchasing insurance policies
IMPORTANT NOTICE: We are
required by law to tell you that before we provide cover, you must fully and
faithfully tell us everything you know or could reasonably be expected to
know that is relevant to our decision to give you the insurance, as otherwise
you may receive no benefit from your policy.
Where our website enables
you to purchase insurance products or services online:
a.
you and us may enter into an insurance policy using our website,
by you making an electronic offer via our website and by us electronically
communicating our acceptance of that offer via our website to you;
b.
we may act on and process all completed electronic instructions
transmitted or issued through our website without further consent from or
reference to you; and
c.
we may treat an electronic instruction as authentic and we are
under no obligation to investigate the authenticity or authority of
persons issuing or transmitting such electronic instructions, or to verify
the accuracy and completeness of such electronic instructions.
Creating a binding insurance contract with us via our website is
a three step process:
a.
The first step is to create a quote for the insurance product
you are interested in and have selected. Upon completion by you of
all required details, our website will provide you with a quote,
identified by a quote number. This quote and quote number will
remain valid and accessible on our website for up to ninety (90) days;
b.
If you wish to take out insurance in accordance with a quote
provided to you by us via our website, then, upon your completion of all
required details, step two enables you to make a request and offer to us for
the purchase of the relevant insurance product; and
c.
Step three is for us to accept (or reject) that request; and if
we accept, to create a binding insurance agreement with a corresponding
Malayan insurance policy number.
When entering into a contract via our website, we will be taken
to have communicated our acceptance to your offer or request to
purchase insurance only when:
a.
The electronic instruction
containing the request and offer to purchase from you enters and is recorded in
our main database;
b.
A record is created and
stored in our database;
c.
A Malayan Insurance policy
number is generated by us; and
d.
We receive all required details of a current and valid credit
card which you are authorized to use, which is of a credit card
type accepted by us, and to which we are able to charge the total premium.
A binding insurance
contract is conditional on us being able to successfully charge against your
nominated credit card and our receiving payment of your applicable premium
(either by a single payment or, where permitted, in installments).
We may or may not issue a
paper confirmation of the insurance policy. The existence of a binding contract
is not conditional on our issuance, or your receipt of a paper
confirmation of the transaction. Upon the request of the client, the company
will furnish a copy of the proof of insurance at his/her registered address.
Payments
All payments for any
insurance products, renewals, or other services purchased via our website must
be paid in full by the due date specified in the relevant confirmation.
Unless otherwise provided
for, all payments are required to be made by you using a type of credit card
accepted by us at the time of purchase or renewal of the applicable insurance
policy or service. You understand that we
may use third party providers to securely store your cashless payment mode
information and process your payment. YOU REPRESENT AND WARRANT THAT YOU ARE OF
SUFFICIENT AGE AND HAVE ALL LEGAL RIGHTS TO USE THE CASHLESS PAYMENT MODE IN
ANY TRANSACTION. You should be aware that online payment transactions are
subject to validation checks by your card issuer. We are not responsible if
your card issuer declines to authorize payment for any reason.
You should not send us sensitive financial information like your
credit card number by email.
My Account
My Account enables you to
view, manage and request changes to your insurance policies online. In addition
to the overall Terms of Use, the specific terms in this section apply to
My Account.
My Account is only
accessible to you if you have 'logged in' by providing certain details as
requested by us on the 'log-in', registration and/or authentication pages
of My Account, relating to you and/or one of your insurance policies currently
held with us. You will only be able to 'log-in' and use My Account if you hold
at least one current Malayan insurance policy.
You must not provide
details of your 'log-in' to any other person. You must not allow any other
person to use your 'log-in'.
You must not use My Account
to access or modify the details of another person without their authority.
Criminal penalties may apply if you do so.
Use of personal information
Through your use of our website you agree that personal
information that is provided will be dealt with in accordance with our Security
and Privacy Statement.
Third Party Tools and Website Links
We may use third party
service providers to provide certain tools and/or programs, some of which may
be housed on a third party server or a site which has been independently
developed by others. As such, while accessing this site you may be linked to
such other third party servers. Access to such sites or the use of any third-party
tools or programs on our website are subject to all the terms and conditions
found on such third party site(s). When you activate these links, you will
leave our website. We are not responsible for the contents or operation of such
third party sites and we do not guarantee the accuracy of any information in
them, and we will not be liable for any loss or damage that you may suffer by
using those websites. If you decide to access linked websites, you do so
at your own risk.
Our website may contain or link
to information about special offers, deals or promotions by persons not related
to or part of us. We do not sponsor, recommend or approve of any such
third party offers or third party material associated with those offers. Any
concerns regarding any such service or resource should be directed to the
particular service or resource.
Restrictions of Use
You must not use our
website in any way that causes or is likely to cause access to our website to
be interrupted or impaired in any way. You acknowledge and agree that you
are responsible for all electronic communications sent from your computer.
When you use our website
you must not either directly or indirectly or with or by any third party:
a.
Use our website for any
purpose other than (a) as a legitimate customer or (b) for a non-commercial
purpose;
b.
Take any action which may
disrupt access to, cause damage, or interfere with the proper working of our
website;
c.
Take any action that includes the use of any data accumulation
tool, robot, spider or other automatic device or process to
compile, disseminate, extract, process, monitor or copy any web pages from
our website including any information, data, graphics or content;
d.
Use any automated process to aggregate or combine information,
content or data contained within or accessible through our website with
information, content or data accessible via or sourced from any third party;
e.
Take any action that places an unusually large load on the
infrastructure of or bandwidth connecting to our website;
f.
Take any action that involves decompiling, reverse engineering,
reverse assembling, attempting to reveal source code or other processes or
formulas connected with our website and other software; or
g.
Copy, reproduce, alter, modify or display in public any part or
content from our web site without our written approval.
Interference or entry to
our website with intent to corrupt, damage or deny service from our website or
for other commercial benefit shall be taken very seriously and we shall
take such action as is necessary to protect our website from any such
activities and to protect our intellectual property rights.
You acknowledge that
damages may not be an adequate remedy for any infringement of such rights by
you, and that we are entitled to avail of the remedies of injunction,
specific performance, orders to deliver up infringing copies and any other
statutory or equitable relief for any threatened or actual infringement
and that no posting of security or proof of special damages is necessary for
reliance on such remedies.
You must only use our website to:
a. Obtain insurance quotes for yourself or your immediate family;
b.
Obtain information relating
to the price of insurance cover from us for yourself or your immediate family
or friends; or
c. Conduct
insurance related transactions or queries in respect of insurance cover for you
or a member of your immediate family (with their prior consent).
You must not otherwise use
our website to obtain insurance quotes or to obtain other information relating
to the price of insurance cover from us or conduct other insurance related
transactions or queries.
You shall not modify,
translate into another language, reverse engineer, decompile, disassemble or
otherwise create derivative works from the website nor insert any hyperlink to
our website. The name and logo of Malayan Insurance must not be used by you in
any way, including advertising or publicity relating to any material on
this website.
You shall not advocate,
promote or assist in the commission of any unlawful act, such as but not limited
to copyright infringement, or misuse of the website. Misuse of any trademarks
or any other content displayed in the website is likewise prohibited.
You agree that any and all
communications that you will send via the email address you provide shall be
conclusively presumed as valid, genuine and authentic statements/messages from
you and/or your company. You shall hold us free and harmless from any loss,
damage or liability that may result from our acting upon your email
communications and/or instructions.
You also agree to indemnify
us in respect of any liability incurred by us for any cost damage or expense,
however caused, suffered by us as a result or consequence of your breach
of these Terms of Use.
Amendment to these Terms of Use
These Terms of Use may be
updated from time to time and we are not obliged to specifically contact you or
notify you of any changes to our website or to these Terms of Use.
You accept that by our
posting of the new terms on our website that we have provided you with sufficient
notice of variation. By use of our website after any variation, you have
agreed to and accepted the new Terms of Use. We suggest that you check these
Terms of Use whenever you visit our website.
YOU ACCEPT THESE TERMS OF
USE BY PROCEEDING TO USE AND/OR BY TRANSACTING ON THE WEBSITE.
If any provision of these
Terms of Use is unlawful, void or unenforceable for any reason, the particular
provision shall be deemed deleted and will not affect the validity or
enforceability of the remaining terms and conditions of use.
Monitoring of telephone calls and emails
Telephone calls and email
correspondence with us as a result of your access to our website may be
recorded for training purposes and to assist in the prevention of fraud.
By using such communication methods, you are consenting to such activities
taking place.
Law and Jurisdiction
The use of this website, as
well as the availment of our products and services, shall be governed by and
construed in accordance with the laws of the Philippines. Any and all disputes
shall be subject to the exclusive jurisdiction of the courts of Manila City.
Indemnity and waiver
If you breach these Terms
of Use (including without limitation, as a result of a falsified policy
delegation consent), you agree to indemnify us for any and all loss that
we may suffer and for any costs and expenses that may be incurred by us as a
result of or consequence of your breach.
If you breach these Terms
of Use and we do not take immediate action against you, we are still entitled
to enforce our rights and remedies in respect of any such breach or any
subsequent breach.
My acknowledgment
You acknowledge and accept
that your use of our website indicates your acceptance of these Terms of
Use. These are the current Terms of Use.
They replace any previous
Terms of Use published on our website. You acknowledge that we are
under no obligation to specifically notify you of any variation to these
Terms of Use. You accept by your use of our website after any variation
to these Terms of Use, that we have provided you with sufficient notice of
the variation and you are taken to have accepted the new Terms of Use.