1. Introduction
Last Updated: 16 July 2023
Version: 1.0
This “General Terms of Use of Insura App” (“Terms”) sets out the terms and conditions on which you may access and use the Insura app (“Insura App”) and it constitutes a legally binding agreement between you (as a member of Insura App) and Insura (M) Sdn Bhd (Company No:1434548-K) (“Insura”).
2. Acceptance of the Terms
2.1 The provision of the features and functionality of the Insura App (hereinafter referred to as “App”) is subject to this “General Terms of Use of Insura App” (“Terms”). You hereby acknowledge that you have read, understood, and accepted these Terms, and by using the App, you constitute your unconditional acceptance to be bound by these Terms, which may be amended from time to time.
2.2 By registering, accessing and using the App, you agree to be bound by these Terms and any additional terms and conditions that may be provided to you by Insura (M) Sdn Bhd (“Insura”) from time to time.
2.3 If you do not agree to these Terms, you must refrain from using the App.
3. Description of the Insura App
3.1 The Insura App is a membership platform designed to enable users (“Members”) to generate income passively through the Insura Referral Program.
3.2 The Insura Referral Program allows Members to earn incentives by referring new users to the Insura App through unique referral links or codes.
3.3 Insura may, at its sole discretion, modify or enhance the features of the Insura App and Referral Program, and may also introduce new features or services. Any changes or updates will be subject to these Terms.
4. Eligibility
4.1 By using the Insura App, you represent and warrant that you are of legal age to form a binding contract with Insura and have the legal capacity to comply with these Terms.
4.2 If you are using the Insura App on behalf of an entity, you further represent and warrant that you have the necessary authority to bind that entity to these Terms.
5. Account Registration
5.1 In order to use the Insura App (“App”) and the services therein, you must register yourself as a member of the App for a valid account (“Insura Account”) and accept these “General Terms of Use of Insura App” (“Terms”).
5.2 You agree to provide accurate, current, and complete information during the registration process and to keep your Insura Account information updated.
5.3 To complete the registration process on the Insura App (“App”), users will be prompted to upload specific documents on the post-registration page, including proof of identity, such as an IC (Identification Card), passport, or driver’s license (either one), as well as proof of address, such as utility bills or bank statements.
5.4 Your Membership Application will be subject to verification and approval by Insura. Upon approval of your Membership Application and account, you will receive an email notification.
5.5 You are responsible for maintaining the security and confidentiality of your Insura Account credentials and for all activities that occur under your Insura Account.
5.6 If you become aware of any unauthorized use/access to your account or suspect any breach of security, you must promptly notify Insura and take appropriate measures to secure your account. Until Insura actually receives such notification and verifies your identity, you shall remain responsible for any access and all use of the App by the unauthorized person.
5.7 Insura shall not be liable for any losses or damages arising from unauthorized access to or use of your account, except where such access or use is directly caused by Insura’s negligence or willful misconduct.
5.8 The processing of your personal data by Insura pursuant to your registration with and use of the App shall be subject to the privacy policy as published by Insura on its website and also available within Insura App. The Privacy Policy shall form part of these Terms.
6. Prohibited Activities
6.1 You agree to use the Insura App solely for its intended purposes and in compliance with all applicable laws and regulations.
6.2 You shall not engage in any activities that may:
a) Interfere with or disrupt the operation of the Insura App;
b) Infringe upon the rights of others;
c) Violate the privacy or intellectual property rights of others;
d) Transmit, distribute, or store any content that is unlawful, defamatory, obscene, or harmful;
e) Attempt to gain unauthorized access to the Insura App or its related systems.
f) Impersonate another person or log into an account which you are not authorised to access;
g) Use or attempt to use another user’s account without authorisation from that user;
h) Interfere or attempt to interfere with service or any user, host or network, including by way of introducing a virus, overloading, “flooding”, or crashing, sending unsolicited email, promotions or advertisements;
i) Reverse engineer, decompile, or disassemble any aspect of the App and/or website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the App and/or website; or
j) Develop or use any third-party applications that interact with the App and/or website without our prior written consent, including any scripts designed to scrape or extract data from the App and/or website.
6.3 It is your responsibility to ensure that your mobile device meets the compatibility requirements and/or specifications for the use of the Insura App.
7. Intellectual Property Rights
7.1 The Insura App and all its contents, including but not limited to text, graphics, images, logos, and software, are the exclusive property of Insura or its licensors, and they are protected by copyright and other intellectual property laws.
7.2 Insura grants you a limited, non-exclusive, non-transferable license to use the Insura App solely for your personal, non-commercial use.
7.3 You shall not reproduce, modify, distribute, display, perform, or create derivative works of the Insura App or any of its contents without the express written consent of Insura.
7.4 For the avoidance of doubt, you may access the Insura App and its contents from INSURA for your own personal use, subject to the limitations and/or restrictions set out in these terms and conditions. You are not permitted to use, copy, or reproduce any of the App’s materials or contents for any commercial or unauthorized purposes. Any use beyond the scope of the license granted in these terms is strictly prohibited and may result in legal action.
8. Discretionary Rights of Insura
8.1 Insura may provide updates and/or modifications to the App, or change, suspend, or discontinue all or any part of the Insura App from time to time at its sole discretion without prior notice to you.
8.2 Insura may, at its sole discretion, remove or edit any content within the App or terminate or suspend any user’s access to the App for any reason, including but not limited to a breach of these Terms.
9. Payment and Fees
9.1 Certain features or services within the App may require payment of fees. You agree to pay all applicable fees as described in the App.
9.2 Insura reserves the right to modify the fees and payment terms at any time upon notice to you.
10. Disclaimer of Warranties
10.1 The Insura App is provided on an “as-is” basis, and Insura makes no warranties or representations, express or implied, regarding the accuracy, reliability, or completeness of the Insura App or its contents.
10.2 Insura disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
11. Liability
11.1 You expressly agree that your use of the App is at your sole risk. To the maximum extent permitted by law, Insura shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Insura App.
12. Indemnification
12.1 You agree to indemnify, defend, and hold harmless Insura and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses arising from your use of the Insura App or any violation of these Terms.
13. Privacy Policy
13.1 Your use of the Insura App is subject to Insura’s Privacy Policy, which is available on the Insura website or within the Insura App.
13.2 By using the Insura App, you consent to the collection, use, and disclosure of your personal information in accordance with the Privacy Policy.
14. Termination
14.1 Insura may, at its discretion, suspend or terminate your access to the Insura App at any time and for any reason, including but not limited to a breach of these Terms.
14.2 Upon termination, all licenses and rights granted to you under these Terms will immediately cease, and you must stop all use of the Insura App.
15. Governing Law and Jurisdiction
15.1 Any disputes concerning the construction, validity, enforcement and interpretation of the Terms of Use stipulated herein shall be governed by, construed, and enforced in accordance with the laws of Malaysia.
15.2 By using this App and/or website, you hereby submit 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.
16. Severability
13.1 If any provision of these Terms of Use is found to be invalid or unenforceable under the law of any jurisdiction, such invalidity or unenforceability shall not affect the legality, validity, or enforceability of that provision under the law of any other jurisdiction, nor the legality, validity, or enforceability of any other provision in these Terms of Use.
13.2 In the event that a provision in these Terms of Use is held to be illegal, invalid, void, voidable, or unenforceable, that provision shall be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable, or unenforceable. If it is not possible to read down the provision as required in this clause, that provision shall be considered severable from these Terms of Use without affecting the validity or enforceability of the remaining part of that provision or the other provisions in these Terms of Use.
19. Notice
19.1 Any notices or communications required or permitted to be given to you under these Terms of Use will be provided by Insura through one or more of the following methods:
a) Electronic Communication: Insura may send notices to the email address associated with your Insura Account or through in-app notifications.
b) Website Announcement: Insura may post important announcements or updates on its official website or within the Insura App.
19.2 It is your responsibility to ensure that the email address associated with your Insura Account is accurate and up-to-date, and that you regularly check for updates and communications from Insura.
19.3 Any notices or communications sent by Insura using the methods mentioned above shall be considered received by you within twenty-four (24) hours after they are sent or posted, unless Insura is notified that the email was not delivered.
20. Communication
20.1 If you need to communicate with Insura for any reason related to these Terms of Use or the Insura App, you may do so by contacting Insura at [email protected] or using the chat function within the Insura App.
20.2 Insura will make reasonable efforts to respond to your communication promptly, but response times may vary depending on the nature and complexity of the inquiry.