MYWEALTH ADVISORS SDN BHD (Company Registration No: 980936-U) with its office located at 7-4-1, Block A, Diamond Square, Jalan 2/50, Off Jalan Gombak, 53000 Kuala Lumpur, Malaysia. (“Company” or “we” or “us”), would like welcomes you to our website, https://myInsure.my (“Website”). The Website provides a platform that enables registered members to deal and purchase of products and/or services online via the Website.
Your use of the Website is governed by the following terms and conditions (“Terms and Conditions”).
Acceptance of Terms and Conditions
1.1 Scope of Terms and Conditions
1.1.1
The terms and conditions set out below (“Terms and Conditions”) are applicable to any and all access and use of the Website. You may view the Terms and Conditions via the link set out on the main page of the Website.
1.1.2
These Terms and Conditions are to be read together with all other policies as published on the Website from time to time.
1.1.3
The terms of the Policies are part of these Terms and Conditions by reference, and collectively represent a legally binding agreement between the Members and the Company. For the avoidance of doubt, in the event of any inconsistency, the terms and conditions in this Terms and Conditions shall prevail.
1.1.4
For the avoidance of doubt, a general reference to “Terms and Conditions” herein shall where applicable includes the terms and conditions in the Policies.
1.2 Use of Service and the Website
1.2.1
The Company provides insurance related facilities and services via the Website enabling the purchase and/or renewal of Products between Member and the Company.
1.2.2
By accessing, browsing and/or using the Website, you are deemed to have irrevocably and unconditionally agreed to the Terms and Conditions.
1.2.3
You must not access and/or use our Services or the Website if you are not agreeable to any of the Terms and Conditions.
1.2.4
You agree to use the Website at your own risk. We do not take any responsibility or agree to indemnify you for losses you suffer arising from such use, and you irrevocably agree to hold us harmless and indemnify us from any losses that you may suffer therefrom.
1.3 User of Members’ Personal Data
1.3.1
For a complete description of how the Company uses and protects a Member’s personal data, you may refer to the Privacy Policy.
1.3.2
By continuing to access the Website and using the Services, you are deemed to accept the terms of the Privacy Policy. Please do not use our Services or the Website if you object to your personal data being used in the ways described in the Privacy Policy.
1.4 Amendment of Terms and Conditions
1.4.1
The Company shall be entitled at any time and from time to time, to modify, amend or change the Terms and Conditions as appropriate and at our sole and absolute discretion. In such instance, the Company shall notify you of such amendments or changes (including the effective date for the same) via an announcement to be published on the main page of the Website, and you shall be bound by such modified Terms and Conditions. As such, it is your responsibility to regularly visit the Website, view the Terms and Conditions and Policies, and keep updated on any changes made to the Terms and Conditions.
1.4.2
Please cease to use the Website if you are not agreeable to any amendments or modifications of the Terms and Conditions. You agree to use the Website at your own risk, and your use of the Website following any amendment or modification of the Terms and Conditions constitutes your agreement and acceptance to be bound by the same.
1.4.3
We do not take any responsibility or agree to indemnify you for losses you suffer arising from the modified Terms and Conditions or your own failure to keep yourself updated on the modifications to the Terms and Conditions, and you irrevocably agree to hold us harmless or indemnify us from any losses that you may suffer therefrom.
Application and Registration as Member
2.1 Registration as Member
2.1.1
In order to access or use certain services on the Website, you are required to register as a member (“Member”).
2.1.2
The Company has the right to restrict, suspend or terminate your access or/and your account or/and use of Website or/and the Services (or any part of the same) if in the Company’s sole and absolute opinion, you are in breach of any of the Terms and Conditions.
2.2 Completion of Registration
2.2.1
You will become a Member upon the successful completion of the registration process as determined by the Company. Our registration process may, where necessary, include identity verification by way of submission by you of certain documentary evidence and support materials as may be requested by us.
2.3 Protection of Account Details
2.3.1
Each Member is responsible for maintaining the confidentiality of the Member’s account information, including the account password, and for all activity that occurs under the Member’s account. You agree to notify us immediately should there be any unauthorized use of your account or password or of any other breach of security. You may be held liable for losses incurred by the Company or by any other Member and/or Seller due to someone else using your password or account.
2.3.2
You may not use anyone else’s password or Member account at any time. We have the right to disable any Member ID or password at any time in our sole and absolute discretion for any reason, including where you have breached any provision of these Terms and Conditions.
2.4 Suspension and Termination of Membership
2.4.1
The Company shall be entitled to restrict your access to the Services and/or temporarily or permanently suspend the Services and/or your account, terminate your account and/or take any such measures or actions that the Company deems necessary without prior notice to you if:
2.4.1.1
Where you have committed or are suspected to commit any wrongdoing/unlawful act or where you have committed or are suspected of breaching or are anticipated to breach any of these Terms and Conditions; and/or
2.4.1.2
There are any other reasonable grounds as may be determined by the Company at its sole and absolute discretion.
2.4.2
Termination by Member. Subject to Article 2.5, you may terminate your membership at any time by writing to us at info@myInsure.my provided that all sale and purchase transactions of any Product that are currently in progress must be either be completed or cancelled.
2.4.3
For the avoidance of doubt, the Members agree that any and all consequences arising from such termination shall be borne by you.
2.5 Rights of Company upon Suspension / Termination of Membership
2.5.1
Where your membership is suspended or terminated by the Company for any reason whatsoever or where you voluntarily terminate your membership (as the case may be), we reserve the right to:
2.5.1.1
Cancel and/or reverse any and all Transaction(s) under your account.
2.5.1.2
Cancel, forfeit or deduct other benefits which may be provided to you as a Member;
2.5.1.3
Disallow or restrict the use of all or part of the Services and/or the Website;
2.5.1.4
Deny or decline any new application for membership submitted by you within one (1) month from the date of termination;
2.5.1.5
Disallow the use of your previous Member ID for any new Member account applied for by you, at our sole and absolute discretion; and/or
2.5.1.6
Claim for compensation or damages pursuant to Article 2.9.
2.5.2
The Company shall provide you prior notice of the steps to be taken under Article 2.5.1 above by telephone or e-mail. Where you are not contactable or in the case of emergency circumstances, the steps set out above may be taken without prior notice, and we shall notify you as soon as practicable thereafter.
2.6 Compensation for Losses
Where, in using the Services and/or accessing the Website, any of your actions cause any losses to the Company, you shall be liable for and shall compensate the Company for all costs and expenses incurred or suffered. In the event off any inquiries, complaints or claims raised by third parties due to the said actions by you, you shall be solely responsible and liable to the said third parties to resolve such inquires, complaints or claims at your own cost and shall indemnify and keep indemnified and hold the Company harmless at all times in respect thereof.
2.7 Dormant Account
The Company shall deem your account to be dormant if you fail to log in to the Website for a duration exceeding the term of 12 months. In the event that your account is deemed dormant, the Company may place a restriction on the use of Services and/or Website. In addition to the foregoing, if you are a Seller, the Company may further purge and remove your Product listings from your Seller Store on the Website.
2.8 Reactivation of Account
In order for you to commence using the Services again, you will need to authenticate and verify your identity in accordance with such procedures as determined by the Company.
Relationship of Parties
3.1 Role of Company
3.1.1
The Company primarily operates, manages and provides the Website for the purpose of enabling safe and reliable Transaction between Member and the Company.
Use of Website and Services
4.1 As a condition of your use of the Services and/or access to the Website, you agree that:
4.1.1
Compliance with law. You shall comply with all applicable laws and regulations, and shall not conduct or take part in any illegal activities including but not limited to:
4.1.1.1
Committing fraud, for example by making purchases on the Website using another person’s identity, credit card or bank account;
4.1.1.2
Distributing, sending or facilitating the sending of any unsolicited electronic commercial messages, or engage in any form of spamming activities; or
4.1.1.3
Using the Services to promote and facilitate pyramid schemes;
4.1.2
Compliance with Terms and Conditions. You shall comply with these Terms and Conditions and our Policies.
4.1.3
Uploading and Use of Contents. You shall not upload, post, reproduce, encourage, promote or facilitate the use of any information, text, images, graphics, video clips, sound, directories, files, databases or listings made available via the Website and the Services (“Contents”);
4.1.3.1
Which are false, inaccurate, misleading, unlawful, defamatory, libellous, discriminatory, obscene, offensive, invasive of privacy, harassing, threatening or abusive; and/or
4.1.3.2
Which infringe or misappropriate the Intellectual Property Rights of the Company or other third parties.
4.1.4
Abusive Behaviour. You shall not use the Services, access the Website or manipulate the Website’s system and/or processes in a manner that is fraudulent or deceptive, dishonest, not authorised and/or not in conformance with the Terms and Conditions, which shall include but is not limited to:
4.1.4.1
Transferring your Member account and Member ID to another party and/or allowing access by a third party to your Member account and Member ID without our express written consent;
4.1.4.2
Directly entering into and completing any Transaction with another Member outside of the Website and/or without using the Payment Protection Services (as described in Article 6) provided by the Company on the Website (“direct dealing Transactions”);
4.1.4.3
Exploiting or attempting to exploit any benefits provided by the Company, (including but not limited to discounts and/or Coupons) by signing up for multiple accounts and/or purchasing a Product with no intention to complete the same;
4.1.4.4
Manipulating the price of any item or interfering with other Members’ listings; or
4.1.4.5
Taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from the Website or using it for purposes unrelated to the Website);
4.1.5
Disruption of Website and Services. You shall not engage or attempt to engage in any activities to interrupt, or that are likely to interrupt, the smooth processing of the Services or the Website or the Company’s operations and/or business, including but not limited to:
4.1.5.1
Distributing viruses or any other technologies that may harm the Website, or the interests or property of other Members;
4.1.5.2
Undertaking any action to undermine the integrity of, or gain access to, the Website system, which includes the computer or communication systems, network, software application, or networks and computing devices used in connection with the Services (“System”);
4.1.5.3
Monitoring data or traffic on the System or conducting crawling of the System without the Company’s permission;
4.1.5.4
Engaging in any denial of service (DOS) attacks, distributed denial of service (DDoS) attacks, or any other forms of network attacks; or
4.1.5.5
Engaging in any behaviours that may interfere with the proper functioning of the System; including mail/news-bombing, broadcast attacks, flooding, and any other relevant network interference techniques;
4.1.5.6
Acting in Good Faith. You shall conduct yourself in accordance with good public order and morals, and shall refrain from:
4.1.5.6.1
Persistently raining complaints without any reasonable grounds or justification;
4.1.5.6.2
Repeatedly cancelling or returning Products that are not particularly defective or unsatisfactory without reasonable grounds or justification; or
Sale and Purchase of Products
5.1 No Advice
5.1.1
Our website does not provide you with any personal, financial, investment or any advice of any kind.
5.1.2
The information it contains does not take into account any particular financial or insurance position or requirements and Member should always obtain professional advice before acting upon any of the information contained on our website or other links contained on our website.
5.2 Transactions
5.2.1
To the extent permitted by law Member will receive all of your insurance documents electronically. There may be some insurance documents that The Company cannot deliver electronically due to legal and technological constraints. These will be posted to Member.
5.3 Placing of Order
5.3.1
Member can make certain transactions online. This may be purchasing a Product or/and policy. These transactions will not be final until The Company 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.
5.3.2
An Order may be cancelled by The Company if the transaction online is incompleted or lack of information.
5.4 Payment for Products
5.4.1
Payment for Products purchased on the Website can be made via the following methods:
5.4.1.
Bank Wired;
And shall be in accordance with such terms and conditions as stated on the Website. For the avoidance of doubt, payments made using above methods, shall be subject to such additional terms and conditions as may be imposed by service provider respectively.
5.4.2
Payment for any purchase of Products on the Website must be made within one (1) Business Day from the date the transaction is submitted. If payment is not completed within such time period, the said transaction shall be automatically cancelled by the Website system.
5.4.3
When making payment, the Member must only use payment methods that are legally available and shall not fraudulently use any means of payment under another party’s name. Pursuant to the same, we reserve the right to take all such actions to review any payment Transactions and where deemed necessary, to suspend the processing of such Transactions until our investigations are complete.
5.4.5
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.
Delivery of Products
6.1 Proper Personal Information
6.1.1
It is your responsibility to inform us of any change to 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.
Cancellation, Returns, Exchange and Refunds
7.1 For any cancellation of insurance policies that may occur, The Company reserves the right to charge and withhold 5% of the premium collected as administrative charges (plus any other transaction cost).
Intellectual Property Rights
8.1
Site Contents. The Company is the sole owner or lawful licensee of all the rights and interests in the Website and its contents (“Site Contents”). All title, ownership and Intellectual Property Rights in the Website and Site Contents shall remain with the Company, our affiliates or licensors of the Site Contents, as the case may be. All rights not otherwise claimed under these Terms and Conditions or by the Company are hereby reserved.
8.2
Trademarks. “myInsure” and related icons and logos are registered trademarks or trademarks or service marks owned or licensed by the Company and are protected under applicable copyright, trademark and other proprietary rights laws. You are strictly prohibited from undertaking any unauthorised copying, modification, use or publication of these marks.
8.3
Infringements. Any person may protect their rights by contacting the Company in the event their copyright or other intellectual property has been infringed or violated on the Website by any person. Pursuant to the same, the Company may at its sole and absolute discretion take down the Product listing, information, specification and/or photograph complained of and suspend sales of the corresponding Products until such time that the Company at its sole and absolute discretion deems that evidence provided is sufficient to prove that the complaints and/or that the alleged claims are invalid.
8.4
Compliance. You shall ensure that all content including without limitation listings, information, specifications, photographs, and products for sale as supplied or provided by you on the Website do not infringe or violet trade mark rights, patent rights, copyrights, trade names, domain names, portrait rights, design rights, utility models, trade secrets, know-how, confidential information, database rights, software rights, semiconductor and/or circuit layout rights and all various other Intellectual Property Rights. You shall also ensure that the use of such Intellectual Property Rights is with the prior, approval or consent of Intellectual Property Rights owner or intellectual Property Rights subsisting in any part of the world belonging to third parties.
8.5
Ownership of Photographs or Videos of Products Arranged by the Company. For the avoidance of doubt, the Intellectual Property Rights in any photographs or videos of Products which are arranged by and/or taken by the Company as part of any additional support under the Services shall vest in the Company.
General
9.1
Governing Law. These Terms and Conditions shall be governed by the laws of Malaysia. Any controversy, claim or dispute arising out of or relating to these Terms and Conditions and/or the Policies will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia and governed by Malaysian laws. The arbitrator shall be person who is legally trained and who has experience in the information technology and e-commerce industry in Malaysia and is independent of either party. Notwithstanding the foregoing, the Company reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
9.2
Notices. Unless specified otherwise in these Terms and Conditions or by the Company, any notice, request, demand or other communication to the Company under these Terms and Conditions shall be given or made in writing and email to cs@bulkordernow.com.
All notices to you shall be effective if either delivered personally, by courier, email or where applicable, on the Website. All agreements, notices and other communications that the Company sends to you electronically satisfies the legal requirement for communication to be in writing.
9.3
No Assignment. The Company shall have the right to assign and/or novate the Terms and Conditions or any part of the same to any person or entity, by providing written notice to you which shall be posted on the Website, and you hereby irrevocably agree and consent to any such assignment and/or novation. You may not assign, in whole or part, any of these Terms and Conditions to any person or entity.
9.4
Force Majeure. Neither party shall be liable for any failure to perform any of its obligations under these Terms and Conditions if the performance is prevented, hindered or delayed by strikes, industrial disputes, fire, floods, acts of any government, riots, war, national emergency, Act of God, impediment by government laws, rules, regulations or orders or other events of force majeure and in such case its obligations shall be suspended for so long as such event continues.
9.5
Severability. If any provision of these Terms and Conditions and/or the Seller Agreement and/or the Policies is found to be illegal, void or unenforceable under the law, these Terms and Conditions shall continue in force save that such provision shall be deemed severed with effect from the date of such decision or such earlier date as Company may decide or the parties may agree, as the case may be.
9.6
Waiver. A failure by the Company to exercise or enforce any rights conferred upon it by these Terms and Conditions shall not be deemed to be waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
Definitions
15.1
In this Terms and Conditions, the Seller Agreement and the Policies, unless the context otherwise requires, the following words and expressions shall have the following meanings:
15.1.1
Business Day – means a day on which the banks are open for business in Kuala Lumpur, and excludes weekends or public holidays;
15.1.2
Products – means a Member who purchases the Products or Policy through the Website, subject to the Terms and Conditions as herein contained;
15.1.3
Intellectual Property Rights – means all copyright and Intellectual Property Rights howsoever arising and in whatever media, whether or not registered, including (without limitation) confidential information, trade secrets, goodwill and reputation, patents, trademarks, service marks, trade names, registered designs and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world;
15.1.4
Member – means a member of the Website, registered when get quote or purchase a Product or/and Policy, who has agreed to be bound by the Terms and Conditions;
15.1.5
Order – means an offer to purchase a Product placed by a Member on the Website in accordance with these Terms and Conditions and the Policies;
15.1.6
Policies – shall collectively refer to:
15.1.6.1
Privacy Policy;
15.1.6.2
All other policies posted on the Website from time to time;
15.1.7
Privacy Policies – means the Company’s policy relating to the collection, use, disclosure and management of personal data on the Website;
15.1.8
Products – means a The Company’s products and/or services listed for sale on the Website;
15.1.12
Services – mean services that are offered by the Company through the Website to the Members and may include such services provided by third party service providers such as payment gateway services and logistics management services;
15.1.13
Terms and Conditions - means these terms and conditions governing the membership of the Website setting out, among others, eligibility requirements of Members, services available to Members under the Website, benefits which Members are entitled to and Member’s rights and obligations;
15.1.14
Transaction – mean a sale and purchase transaction of the Product between a Member and The Company which is conducted online via Website; and
15.1.15
Website – means the online platform owned and operated by the Company, and known as “myInsure”, being an platform that enables Transactions between registered Members, having its domain at www.myInsure.my.
