Prudential Assurance Malaysia Berhad ("PAMB") Online Terms and Conditions
By accessing this website, you agree to be bound by the terms and conditions as set out below ("Terms and Conditions"):
1. Conditions of Access
1.1 References to 'you', 'your' and 'yours' are references to the person(s) accessing this website. References to 'we', 'us' and 'our' are references to PAMB. The headings herein are inserted for reference only.
1.2 The information, material, functions and content provided in this website, and the Terms and Conditions as specified herein may be changed from time to time with or without notice at PAMB's absolute discretion. Any change to the Terms and Conditions shall be binding on you.
1.3 In the event where the variation or change is, in our sole opinion, of a substantial nature and materially affects your access to this website, we shall notify you of such variation or change by display on our website or by such other mode as we deem fit, unless we are unable to do so due to circumstances beyond our reasonable control.
1.4 Your access to this website shall at all times be in compliance with:
(a) any guidelines, directions of PAMB;
(b) any law, regulations or legislation as may be applicable.
1.5 You agree that you shall not abuse or misuse this website or the services herein. You shall also not:
(a) assist any other person to hack into or obtain unauthorized access to this website or any services herein; or
(b) interfere with the access and use of the same by others.
1.6 Furthermore, you shall not carry out nor assist any other person to transmit communication, information or materials which:
(a) adversely affects our rights or the rights of others;
(b) which is morally offensive;
(c) which adversely affects our internet insurance system or the security of our internet insurance system; or
(d) which is otherwise against the law.
2. Disclaimer of Warranties and Liabilities
2.1 Whilst we will use our reasonable endeavors to ensure the accuracy, currency, availability, correctness and completeness (in the context of its purpose) of the information and materials contained in this website, all information and materials including those on services, products, financial information, data, text, graphics, audio, video, links or other items are provided strictly 'as is', and 'as available' and is so provided for your information and reference only ("Information and Materials"). For complete details, please refer to the actual policy or the relevant product or services agreement.
2.2 Accordingly PAMB does not warrant the accuracy, adequacy or completeness of the Information and Materials and expressly disclaims liability for errors or omissions in such Information and Materials.
2.3 The use of Information and Materials is at your sole risk.
2.4 No warranty of any kind, implied, express or statutory, including but not limited to any warranty of title, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer viruses, is given in conjunction with this website or the Information and Materials.
2.5 No warranty is given that access to Information and Materials or this website as a whole will be provided uninterrupted or free from errors or that any identified defect will be corrected.
2.6 No warranty is given that this website or the Information and Materials are free from any virus or other malicious, destructive or corrupting codes, agents, programs or macros.
2.7 We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with this website.
2.8 Accordingly, under no circumstance (including but not limited to negligence), shall PAMB or any party involved in creating, producing, or delivering this website, be liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use the Information and Materials on this website, even if PAMB or a PAMB authorized representative has been advised of the possibility of such damages.
2.9 To the fullest extent permissible under the applicable law, in no event shall PAMB's total liability to you for all damages, losses, and causes of action exceed the amount paid by you (if any) for accessing this website. PAMB also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property as a result of your access to, use of, or browsing in this website or your downloading of any Information and Materials.
3. Acceptance of Risk
3.1 Your access to this website will constitute your acknowledgement and acceptance of the inherent risk in conducting any transaction via this website.
3.2 You are liable for all instructions and transactions carried out through the use of your username and password to access your account whether or not such access is authorized by you ("Instruction"). We will not be liable to you when we act on such Instruction in good faith.
3.3 We shall not be verifying the origin or authenticity of Instruction given to us.
3.4 Once we receive the Instruction, it will be treated as irrevocable and binding on you whether or not there is any error or forgery or fraud concerning such Instruction.
3.5 We may (but will not be obliged to) cancel any Instruction given without any liability if we know or have reason to believe that a criminal act, a fraudulent act, offence or breach of any regulation or legislation will be or has been committed.
3.6 If we are of the opinion that the Instruction is unlawful, not properly authorised by you or for any other reason whatsoever, we may:
(a) refuse or stop carrying out the Instruction; or
(b) reverse any actions carried out arising from your Instruction.
3.7 We have the right to require confirmation in writing of any transaction from you.
3.8 Any Instruction given will be carried out in the normal course of business. We do not warrant that any Instruction will be carried out within a particular time period or in any particular order.
3.9 In addition to any other provisions set out in the Terms and Conditions, we will not be liable to you if you:
(a) fail to comply with the Terms and Conditions;
(b) disregard the security measures which you must or ought reasonably to take; or
(c) fail to take precautions when using the internet to access your account.
3.10 PAMB may at any time, in its sole and absolute discretion, invalidate your username and password without prior notice to you or prior approval by you. PAMB shall not be liable or responsible for any loss or damage suffered by or caused to you or arising out of or connected or by reason of such invalidation.
3.11 Any message sent using this website cannot be guaranteed to be completely secure as it is subject to possible interception or loss or possible alteration. We are not responsible for such message and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to PAMB or any message sent by PAMB to you via this website.
4. Scope of Website Usage
4.1 This website (and especially any insurance information offered through this website) is intended for those who access it from within Malaysia only. Nothing in this Terms and Conditions shall be construed as PAMB providing insurance information and facilities outside of Malaysia.
4.2 Information and Materials in this website are not intended for use by persons located in or resident in jurisdictions which restrict the distribution of such Information and Material. We do not guarantee that this website complies with or is appropriate for use in places outside of Malaysia.
4.3 The Information or Materials on products and services contained in the website is intended to be general information to persons within Malaysia only. Nothing in this website should be regarded as any advice or recommendation with respect to products and services nor as any offer or solicitation to buy the said products and services.
4.4 You should seek professional advice at all times and obtain independent verification of the Information and Materials provided in this website prior to making any investment, business or commercial decision based on any Information or Materials.
4.5 You are wholly responsible for use of the website by yourself and/or any person using your computer and you must ensure that any such person complies with the Terms and Conditions. In the event that the laws of the jurisdiction you are in do not permit or impose restrictions on the access to the contents of this website, you shall forthwith discontinue access or comply with such restrictions (if any).
5. Copyright and Trademarks
5.1 All Information and Materials available on this website are at all times protected by copyright, trademarks, service marks and any other applicable intellectual property or proprietary rights, all of which are the property of PAMB and where applicable, third party proprietors.
5.2 The copyright in this website is owned by PAMB. With the exception of Clause 6 below, no part or parts of this website may be:
k) stored in an information retrieval system;
m) uploaded, framed or transmitted in any manner or by any means;
n) used for creating derivative works; or
o) used in any way other way;
for public or commercial purposes without the prior written permission of PAMB.
5.2 You may not, without PAMB's permission, insert a hyperlink to this website on any other website, frame or "mirror" any material contained on this website on any other server.
5.3 You may download Information and Materials displayed on this website for your own use only, provided that you also retain all copyright and other proprietary notices contained on the Information and Materials.
5.4 Except as provided in the Terms and Conditions, no right or licence is given to any party accessing this website to download, reproduce or use any of PAMB's intellectual property.
6. Restricted Use for Agents and Potential Agents
6.1 If you are an agent or potential agent of PAMB, you may print, copy, download or temporarily store extracts from this website provided that such extracts are:
(a) strictly for your personal information;
(b) not altered; and
(c) relevant in your direct/indirect soliciting of insurance business for PAMB.
7. Links to Other Sites
7.1 Where we provide hypertext links to other locations in this website, such is done for information purposes only.
7.2 No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any information on this website.
7.3 We are not responsible for the content of any other websites or extracts from links or pages linked to or linking to this website. Following links to any other websites or pages shall be at your own risk and we shall not be responsible or liable for any damages or in any other way in connection with linking.
8. Downloadable Software
8.1 Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of such downloadable software is governed by the terms of the licence agreement (if any) which accompanies or is provided with such software.
9. Ownership of Information
9.1 The term "Personal Data" shall have the meaning set out in Section 4 of the Personal Data Protection Act 2010.
9.2 You understand, agree and give your consent to PAMB (and any third party appointed by PAMB on PAMB's behalf) to collect, hold, use, delete, disclose, transfer, and process in any other way, all your Personal Data, whether given now or subsequently to PAMB from time to time, for the purposes of:
(a) Processing any proposal or application to PAMB, whether made now or subsequently;
(b) Providing any future service for other financial products and services, or for the policy that may be issued pursuant to this proposal;
(c) Processing any claim, including investigation or analysis of such claim, and review of your claims history;
(d) Researching and auditing, including but not limited to historical and statistical data;
(e) Exercising any right of subrogation;
(f) Updating PAMB's records, marketing and promotion of other financial products and services by PAMB and its group of companies;
(g) Data matching;
(h) Safeguarding against non-disclosure or fraudulent application, proposal or claims;
(i) Detection and prevention of fraud;
(j) Carrying out any activity in relation to or in connection with carrying out PAMB's duties as an insurer;
(k) Communicating with you for any of these purposes;
(l) Servicing PAMB's relationship or potential relationship with you;
(m) Allowing PAMB to identify products and services which may be relevant to you from within PAMB; and
(n) Allowing PAMB to evaluate the effectiveness of our marketing of this website and for statistical analysis.
9.3 To achieve the purposes set out in clause 9.2 above, you give your consent to PAMB to transfer and share your Personal Data to individuals or organizations within PAMB's group of companies or other third parties including reinsurers, claims investigations companies, relevant authorities, other insurers, industry associations and federations, PAMB's agents, intermediaries, staffs, doctors, medical specialists, hospitals, clinics, and other third party service providers PAMB has appointed (that provide administrative, telecommunications, payment, data processing, data storage, or other services to PAMB in connection with purposes set out in clause 9.2 above. As some of these third parties are not located in Malaysia, PAMB may transfer your Personal Data to places outside of Malaysia.
9.4 All consent relating to your Personal Data here shall also apply to Personal Data relating to your religious beliefs or other beliefs of a similar nature, physical or mental health or medical condition, which would be necessary for or directly related to the purposes set out in clause 9.2 above.
9.5 You have the right to see the Personal Data PAMB holds about you, and to have it corrected if it is wrong.
9.6 In the event where the Personal Data given now to or that is subsequently obtained by PAMB from time to time by you is not your Personal Data but that of another individual ("the Data Subject"), you confirm that you have informed the Data Subject that you are providing the Data Subject's Personal Data to PAMB, and have obtained the Data Subject's consent to do so. You further confirm that you have explained the contents of the declaration above to the Data Subject, and that he/she understands, agrees and authorizes PAMB to deal with such Personal Data according to what is stated in the declaration above.
9.7 In the event where the Personal Data of any person below 18 years old ("Minor") is involved, you as parent or legal guardian of the Minor, hereby declare that you have read and fully understood the above Data Privacy Declaration. You also declare that you agree to the above Data Privacy Declaration on behalf of the Minor with respect to the Minor's Personal Data and on your own behalf with respect to your own Personal Data.
9.8 Any information (other than Personal Data) you transmit to PAMB via this website including data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary and will become the property of PAMB. Such information (other than Personal Data) may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting.
9.9 PAMB may use any ideas, concepts, know-how, or techniques contained in any communication you send to PAMB via this website or by any other means for any purpose whatsoever, including (but not limited to) developing and marketing products.
9.10 You waive all applicable rights you may have in any information (other than Personal Data) you provide to PAMB via this website.
10.1 You shall indemnify and keep PAMB indemnified from all liabilities, expenses, claims, losses (arising directly or indirectly) including any legal fees on a full indemnity basis, that may be incurred by PAMB in connection with or arising from the following circumstances:
(a) your misuse of this website and the services provided herein (whether deliberate or otherwise);
(b) your breach of the Terms and Conditions howsoever occasioned, or
(c) any intellectual property right or proprietary right infringement claim made by a third party against PAMB in connection with your use or misuse of this website.
11. No Waiver
11.1 The failure of PAMB to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
12.1 If any part of the Terms and Conditions is determined to be invalid or unenforceable pursuant to any law which is applicable to PAMB, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, without invalidating any other provisions of the Terms and Conditions.
13. Governing Law and Jurisdiction
13.1 By accessing this website and/or using the services offered through this website, you agree that Malaysian law:
(a) shall govern such access and the provision of such services, and
(b) shall be applicable in the interpretation of the Terms and Conditions herein.