REMINDER: Please read these Terms and Conditions carefully before participating in our Referral Programme. By participating in this programme, you agree to be bound by these Terms and Conditions.
1. Introduction
Last Updated: 24 July 2023
In these Terms and Conditions “The Agreement”, “INSURA,” “Company,” “we,” “us,” or “our” refers to INSURA (M) SDN BHD (Company Registration No. 202101034248/1434548-K), is the brand owner and operator of a rewards-based program called “MOTOKA”. Via MOTOKA, INSURA allows its subscribers to renew their annual private passenger vehicle, except for motorcycle, and road tax without cost by collaborating with strategic partners for the purpose of MOTOKA.
“You,” “your,” and similar words refer to you, the valued subscriber or potential subscriber of the Motoka Program (“Subscriber”). Where relevant, references to “INSURA,” “Company,” “we,” “us,” or “our” may also include INSURA’s parent company(ies) and subsidiaries.
These Terms and Conditions establish the relationship between you and the Company and define the terms and rules governing your enrolment in the Motoka Program. The Agreement is effective as of the date that you sign up for any Service online or submit an Enrollment Form that references this Agreement (the “Effective Date”).
The terms and conditions herein are in addition to and are to be read together with the Insura App Terms of Use. In the event of any discrepancy or inconsistency between these terms and conditions, this Terms and Conditions shall prevail in so far as it relates to MOTOKA.
You also acknowledge that the company only operates the Motoka programme and does not itself provide any benefits otherwise stated and agreed in writing. benefits are provided to you by and are the responsibility of program service providers.
2. Acceptance of the Terms
2.1 By enrolling as a Subscriber in the Motoka Program, either by clicking a box indicating your acceptance, executing an Enrolment Form or other document that references this Agreement, by using (or making any payment for) the Services, or by otherwise indicating your acceptance of this Agreement, you expressly acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions.
2.2 Your continued participation in the Program indicates your acceptance of all the rules, guidelines, and obligations outlined herein.
2.3 It is your sole responsibility to stay updated on any changes or amendments to these Terms and Conditions, as the most recent version shall supersede all previous versions. Should you disagree with any aspect of these Terms and Conditions or any subsequent updates, you have the option to terminate your enrolment in the Programme.
2.4 Your acceptance of these Terms and Conditions also includes consent to the collection, storing, and processing of your personal data as stated in our Privacy Notice.(YOU ARE ADVISED TO REFER TO OUR PRIVACY NOTICE FOR DETAILS ON HOW YOUR PERSONAL INFORMATION IS COLLECTED, STORED, SHARED AND PROCESSED.)
3. Definition & Interpretations
In these Terms and Conditions, the following words and expressions shall have the meanings opposite:-
4. Description of the Motoka Program
4.1 MOTOKA is a rewards-based subscription programme offered by INSURA (M) Sdn Bhd, incentivizing active Subscribers (“you,” “Referrer,” “Participant”) to share the benefits of MOTOKA with their family and peers.
4.2 Through this referral system, loyal Subscribers can accumulate MOTOKApoints earned via successful referral who subsequently become a Subscriber (“Referred,” “Participant”).
4.3 Referral is count when referred friend purchase a membership subscription from Insura App. Accumulated earned points can be use to only redeem reward displayed under subscribed program.
4.3 Through these earned MOTOKApoints, Referrers can renew their motor vehicle insurance and road tax at no cost, benefiting from the convenience and financial relief of the MOTOKA Program, while also becoming eligible for other perks offered within the MOTOKA Program.
5. Enrollment Form Submission
5.3 For successful application, INSURA will notify the successful applicant (“Subscriber”) via the INSURA mobile app and email with the following details:
- Successful application and subscription status;
- Estimated total value for subscriber’s motor vehicle insurance and road tax renewal;
- Unique referral code for the purpose of enrolment of new subscribers to MOTOKA; and
- Full access to INSURA mobile app features.
5.4 For unsuccessful applications, the applicant will be notified of the rejection by email within three (3) working days from the date of application. An application can be deemed unsuccessful if:
- the application is incomplete; and
- the application does not meet MOTOKA terms and conditions.
5.5 If an applicant’s application is unsuccessful, the subscription fee will be refunded in full, minus any service charges payable to the payment services provider. Refunds will be credited to the respective bank account of the unsuccessful applicants within fourteen (14) working days from the date of notification of rejection.
6. Subscription
6.1 Subscription Fees
6.1.1 By subscribing to our Motoka Program, you gain access to our services subject to the terms and conditions outlined in this policy. The annual subscription fee for the Motoka Program is Ringgit Malaysia Three Hundred Fifty Only (RM350.00), as specified in the Motoka Program information. Subscription Fees are due and payable upon the commencement of your Subscription Term.
6.1.2 To participate in MOTOKA, applicants are require to subscribe to Motoka Program via Insura App.
6.3 Non-refundable
6.3.1 Once you subscribe to the Motoka Program and pay the Subscription Fees, the Subscription fees become nonrefundable, except in the case of uncured material breach of this Agreement by Insura (our company).
6.3.2 Refund request will only be considered on a case-by-case basis and are subject to the specific circumstances as outlined in the detailed refund policy.
6.4 Duration of Subscription
6.4.1 The validity period of MOTOKA subscription is twelve (12) months, which commences on the date of approval of the subscription. Subscribers are required to renew their subscription before its expiry to continue to enjoy MOTOKA benefits.
6.5 Auto-Renewal and Cancellation
6.5.1 When you submit an Enrolment Form, you will be charged for the first period (annually) of your billing cycle. Once your first cycle has passed, you will be billed in advance on a recurring and periodic basis (“Billing Cycle”).
6.5.2 For your convenience, at the end of your Subscription Term, your subscription will automatically renew for another year, under the exact same conditions unless you cancel it or Insura cancels it. You will receive a renewal notification 30 days before the auto-renewal date. If you wish to discontinue the Subscription and prevent auto-renewal, please inform us in writing at least 30 days before the end of the current Subscription Term.
6.5.3 In the event of a late payment, Insura reserves the right to suspend or terminate access to the Services until the outstanding amount is settled. Any accumulated MOTOKApoints will be forfeited.
6.6 Taxes & fees
6.6.1 Subscribers are responsible for paying all taxes, fees, and duties or other amounts assessed in connection with their Subscription, unless otherwise stated in the terms and conditions for a specific Subscription. Prices stated for Subscriptions are exclusive of any taxes unless specified. Insura will invoice Subscribers for any applicable Taxes if legally obligated to do so, unless a valid exemption certificate acceptable to taxing authorities is provided. Subscribers will not be liable for taxes imposed on Insura based on Insura’s income.
7. MOTOKA Benefits
7.1 Subscribers are entitled to the following benefits offered by MOTOKA (“MOTOKA benefits”) upon fulfilment of the criteria set out in Clause 8 below:
- Renewal of mandatory annual motor vehicle insurance for FREE;
- Renewal of mandatory annual road tax for FREE; and
- Earn additional income via MOTOKApoints, which is convertible to cash reward and/or other benefits offered by INSURA.
8. Qualification for MOTOKA Benefits
8.1 To be qualified for participation in the MOTOKA Program, both the Referrer and the Referred must be at least 18 years of age and must be a citizen or permanent resident of Malaysia to enrol in the Program.
8.2 To qualify for MOTOKA benefits, each subscriber is required to:
- have an active MOTOKA subscription;
- have at least one registered private passenger vehicle, except for motorcycle
- upload details of the motor vehicle in INSURA mobile app;
- upload latest insurance cover note in INSURA mobile app;
- upload Vehicle Ownership Card (VOC) or JPJ grant in INSURA mobile app;
- upload a copy of the subscriber’s National Registration Identity Card (NRIC) in INSURA mobile app;
- have renewed his/her motor vehicle insurance in the past three (3) years for the same motor vehicle
- enrol new subscribers to MOTOKA and collect MOTOKApoints equivalent or more than the motor vehicle insurance and road tax renewal value. (refer to Clause 5.3(b) above)
9. Exclusion from MOTOKA Benefits
9.1 A subscriber may not qualify for the MOTOKA benefits if:
- The motor vehicle is blacklisted or is a subject matter of a crime or obtained through illegal activities;
- The accumulated MOTOKApoints are insufficient to redeem the full value of motor vehicle insurance and road tax renewal;
- The motor vehicle is registered under a company;
- It is a commercial motor vehicle; and
- The motor vehicle is registered in East Malaysia, Langkawi, and Labuan.
10. Membership Tiers
10.1 A subscriber can qualify to enjoy the MOTOKA benefits by referring new subscribers to MOTOKA using his/her unique referral code. For each successful subscription, referrers will earn MOTOKApoints in the following manner:
| MOTOKApoints per Referral | Each tier is described as below |
|---|---|
| Tier 1 – 50pts/referral | direct referral of the subscriber |
| Tier 2 – 25pts/referral | direct referral of the subscriber in Tier 1 |
| Tier 3 – 10pts/referral | direct referral of the subscriber in Tier 2 |
- *MOTOKApoints are calculated based on the number of successful referrals and tiers achieved.
10.2 Subscribers can have an unlimited number of referrals. However, each subscriber will only earn MOTOKApoints up to Tier 3 referrals.
10.3 MOTOKApoints are calculated as below:
Referral Structure:
- Tier 1 (Direct Referral):
- 50pts per direct referral
- Tier 2 (Indirect Referral):
- 25pts per indirect referral (referred by your direct referrals)
- Tier 3 (Indirect Referral):
- 10pts per indirect referral (referred by your tier 2 referrals)
Calculation:
Direct Referrals (Tier 1):
- You have 10 direct referrals, so your earnings from Tier 1:
- 10 direct referrals * 50pts each = 500pts
Indirect Referrals (Tier 2):
- Each of your 10 direct referrals finds 10 new referrals:
- 10 direct referrals * 10 Tier 2 referrals each = 100 Tier 2 referrals
- Your earnings from Tier 2:
- 100 Tier 2 referrals * 25pts each = 2,500pts
Indirect Referrals (Tier 3):
- Each of the 100 Tier 2 referrals finds 10 new referrals:
- 100 Tier 2 referrals * 10 Tier 3 referrals each = 1,000 Tier 3 referrals
- Your earnings from Tier 3:
- 1,000 Tier 3 referrals * pts10 each = 10,000pts
Total Earnings:
- Total earnings per year:
- Tier 1 earnings (direct referrals) + Tier 2 earnings (indirect referrals) + Tier 3 earnings (indirect referrals)
- 500pts + 2,500pts + 10,000pts = 13,000pts
So, if you have 10 direct referrals, and each of them refers 10 more at Tier 2, and each of those Tier 2 referrals refers 10 more at Tier 3, your potential earnings per year would be RM13,000. This assumes that all referrals renew their subscriptions yearly with the same cost.
11. MOTOKApoints Redemption
11.1 One MOTOKApoint is equivalent to Ringgit Malaysia One Only (RM1.00) for the purpose of redeeming MOTOKA benefits as defined in Clause 7 above.
11.2 Subscribers are allowed to utilise any amount of MOTOKApoints to redeem MOTOKA benefits, provided the amount is sufficient for redemption.
11.3 Redemption of MOTOKApoints by subscribers are as illustrated below:
| Accumulated MOTOKApoints | 13,000pts |
|---|---|
| Motor vehicle insurance and road tax value | 2000pts |
| Redemption of MOTOKApoints | 2000pts |
| Balance MOTOKApoints | 11000pts |
| Request for cash payout | 11000pts** |
11.4 In the event of insufficient MOTOKApoints for MOTOKA benefit redemption, subscribers can:
- Top up the difference between their motor vehicle insurance and road tax total value and the available MOTOKApoints;
- Carry forward MOTOKApoints for redemption for the following year renewal; and
- Increase their referral efforts to earn sufficient MOTOKApoints.
11.5 MOTOKApoints balance can be withdrawn after the renewal of motor vehicle insurance and road tax renewal up to seven (7) days before next MOTOKA subscription term renewal, following which the unredeemed MOTOKApoints will be brought forward to the following year.
11.5.1 MOTOKApoints balance brought forward to the following year subscription can only be withdrawn after the renewal of motor vehicle insurance and road tax for the prevailing year.
11.6 For the avoidance of doubt, subscribers and their referrals’ MOTOKApoints shall not be combined and shall be calculated separately for redemption of MOTOKA benefits.
12. Service Provider Selection
12.1 INSURA (M) Sdn Bhd (“INSURA”) shall carefully select the insurance policy providers (“Service Providers”) to offer motor vehicle insurance coverage under the MOTOKA Program. INSURA will endeavour to collaborate with reputable and reliable Service Providers, ensuring that our Subscribers receive the most comprehensive insurance/takaful coverage available at the point of renewal.
12.2 INSURA will provide a copy of the cover note, certificate of insurance/takaful, and schedule to the subscriber within 24 hours of insurance renewal.
12.3 INSURA will arrange delivery of road tax to the subscriber’s address within fourteen (14) working days of insurance renewal.
12.4 Policy Coverage and Benefits:
12.4.1 The Service Providers selected by INSURA will be responsible for providing motor vehicle insurance coverage to eligible MOTOKA Subscribers.
12.4.2 The insurance policies shall encompass mandatory annual motor vehicle insurance and road tax renewal, as per the relevant insurance regulations and requirements.
12.5 INSURA’s Role as Facilitator:
12.5.1 As the facilitator of the MOTOKA Program, INSURA shall act as an intermediary between the Subscribers and the Service Providers.
12.5.2 While INSURA strives to provide a smooth and seamless experience for Subscribers, it is essential to clarify that INSURA will not guide Subscribers through the claims process or provide necessary documentation for insurance claims.
12.6 Claims Processing and Communication:
12.6.1 Any claims arising from the motor vehicle insurance policies obtained through the MOTOKA Program shall be handled directly by the respective Service Providers.
12.6.2 Subscribers are required to liaise directly with the Insurance Policy Providers for any claim-related matters, including claim processing and submission of necessary documentation.
12.7 Disclaimer of Liability:
12.7.1 INSURA shall not be held liable for any disputes, discrepancies, or grievances arising from the insurance policies issued by the Service Providers.
12.7.2 The terms and conditions of the insurance policies, including claim procedures, coverage limitations, and exclusions, are governed by the policies’ documentation provided by the Service Providers.
12.8 Service Provider’s Information:
12.8.1 INSURA will provide Subscribers with relevant information about the Service Providers, including their contact details and customer service support.
12.8.2 Subscribers are encouraged to communicate directly with the Service Providers for any policy-specific inquiries or concerns.
12.9 Subscribers’ Responsibilities:
12.9.1 Subscribers shall review and understand the terms and conditions of the insurance policies provided by the Service Providers.
12.9.2 It is the Subscriber’s responsibility to ensure compliance with the policies’ requirements and promptly report any changes or updates concerning their motor vehicle insurance and related documents to the Service Providers.
13. Personal Data Disclosure
13.1 The Subscribers shall unconditionally and irrevocably agree that INSURA may disclose, produce, divulge, reveal, process, or otherwise make available the Subscribers’ information (“Personal Data”) as may be necessary to any party, including but not limited to the motor vehicle insurance providers, in facilitating the services and/or benefits offered by MOTOKA.
14. Discretionary Rights of INSURA
Subject to Clause 8 and 9 above, INSURA reserves the right to reject the subscriber’s participation in MOTOKA and redemption of MOTOKA benefits at their discretion.
15. Termination of MOTOKA
15.1 INSURA reserves the right to terminate the MOTOKA Program at any time for whatever reasons, without prior notice to the Subscribers. However, in the event of such termination, INSURA shall inform the Subscribers in writing at least thirty (30) calendar days prior to the termination date.
15.2 Upon receiving notice of termination, Subscribers will have the remaining thirty (30) calendar days to utilize any outstanding MOTOKApoints and redeem them for benefits offered under the Program.
15.3 Following the termination date, the MOTOKA Program will no longer be available, and Subscribers will no longer be able to earn or utilize MOTOKApoints or enjoy the associated benefits.
15.4 In the event of termination, all outstanding MOTOKApoints accumulated by the Subscribers will become null and void and will no longer be eligible for redemption or conversion to any form of reward.
15.5 INSURA shall not be liable to the Subscribers or any third party for any losses, damages, or compensation arising from the termination of the MOTOKA Program.
15.6 Termination of the MOTOKA Program shall not affect any valid insurance policies or services obtained by the Subscribers during the active participation in the Program.
15.7 INSURA shall not be liable for any inconvenience, loss of benefits, or damages suffered by the Subscribers as a result of the termination of the MOTOKA Program.
15.8 INSURA reserves the right to update or modify the Termination clause as deemed necessary and shall provide notice to the Subscribers of any changes made to this clause.
16. Indemnification
16.1 By participating in the MOTOKA Program, you agree to indemnify and hold the Company, INSURA (M) Sdn Bhd, harmless against any costs, claims, demands, proceedings, liabilities, or direct losses reasonably suffered or incurred by you arising from any breach of the Terms and Conditions by you. You agree to promptly pay the Company or any other party, as directed by the Company, the necessary amount to settle any such costs, claims, demands, proceedings, liabilities, or direct losses that have become due or are about to become due.
16.2 You acknowledge and agree that the MOTOKA Program Benefits are provided by Programme Partners and Panel Insurers, and you shall not hold the Company accountable for any liability, loss, or damage, whether direct or indirect, arising from the Program or the Benefits. You further agree to indemnify and keep the Company indemnified against any liability, loss, or damage incurred in any manner whatsoever and arising from or incidental to the provision and/or your utilisation of MOTOKA Benefits.
16.3 You acknowledge and agree that you are not entitled to any claim for compensation from the Company for any loss or damage, whether direct or indirect, suffered or incurred, arising from any amendments to the MOTOKA Program’s Terms and Conditions or as a result of the cancellation, termination, or suspension of the MOTOKA Program.
17. Governing Law and Jurisdiction
Any disputes concerning the construction, validity, enforcement, and interpretation of the Terms and Conditions stipulated herein shall be governed by, construed, and enforced in accordance with the laws of Malaysia. By participating in MOTOKA, the subscriber hereby submits to the exclusive jurisdiction of the Courts of Malaysia for the purpose of any suit, action, or other proceeding arising out of or based on the terms and conditions herein.
18. Dispute Resolution
Any unresolved dispute controversy or claim between INSURA and the subscribers shall be referred to and finally resolved by arbitration in Malaysia by an arbitrator to be agreed upon between the Parties or, failing agreement within fourteen (14) days after either Party has given the other a written request to agree to the appointment of an arbitrator, a person to be nominated by the Director of the Asian International Arbitration Centre (AIAC) at the request of either Party. The arbitration shall be in accordance with the Arbitration Act 2005 and the arbitration rules of the AIAC. The arbitration award shall be final and binding on the Parties.
19. Amendments to Terms and Conditions
INSURA reserves the right to add, amend, alter, modify, delete any of the terms and conditions stated herein provided INSURA gives prior written notice of at least thirty (30) calendar days to the subscribers before the revision or amendments take effect.
20. Force Majeure
To the extent permitted by law, INSURA shall not be liable to the subscribers when any Force Majeure event occurs. “Force Majeure” refers to any unforeseen events and/or circumstances not within the reasonable control of INSURA, which INSURA is unable to prevent, avoid or remove, including natural disasters such as flood, typhoon, hurricane, storm, tempest, volcanic eruption, earthquake, landslide, landslip, subsidence, or sinking of the soil or earth or acts of public unrest such as strikes, lockout, industrial disturbances, riots, wars, pandemic, epidemic, and each of which is beyond the control of neither Party or such other event, condition, or circumstances of similar nature as may be classified as Force Majeure event by INSURA from time to time. In the event of any delay caused by such Force Majeure event, the time for either party’s performance shall be extended for a period equal to the time lost by reason of the delay. Save where such delay is caused by the act or omission of the other party, in which event the rights, remedy, and liabilities shall be those conferred by law