Use of Insur-Asia’s Services
Providecover.com is a website (“Website”) operated by Insur-Asia Pte Ltd, a Singapore incorporated company, UEN 201839273E. These Terms and Conditions (“Terms”) govern your access to and use of Insur-Asia’s Website, data, information, products, applications, and insurance broking services (collectively “Services”) provided by Insur-Asia Pte Ltd (“We”, “Insur-Asia”, “the Company”), so please read these Terms carefully before using the Services.
References to “you” in these Terms means you, your duly authorized representatives and any entity you may represent in connection with your use of the Services. Any reference made in these Terms to “Insur-Asia” shall be deemed to have been made to Insur-Asia Pte Ltd, its successors, assignees, as well as any company that controls Insur-Asia Pte Ltd, directly or indirectly.
We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective upon the posting of the modification to our Website, and will apply to causes of action arising after the effective date of the change. You should continue to check the Website for changes. Your continued use of our Services following the posting of changes to these Terms will mean that you accept those changes. By accessing or using our Services, you confirm that: (i) you can form a binding contract with us; and (ii) you are a duly incorporated company in Singapore. If you are using the Services on behalf of a company, you represent that you are authorized to enter into an agreement on behalf of that legal entity, and are nevertheless individually bound by these Terms even if We have a separate agreement with such company.
The headings and captions used in these Terms are inserted for convenience only and will not affect the meaning or interpretation of these Terms. Do Not Rely on our Website for your insurance decisions. The content on Insur-Asia’s Website is for convenience and information purposes only. Nothing therein should be construed as rendering tax, legal, or insurance advice. The posting of any brochure or any other information is not a recommendation or opinion for you to buy any product or participate in any transaction.
1. Application License
Subject to these Terms and Our policies (including policies made available to you with the Services), We grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use our Services, provided that: (i) You will not copy, distribute or modify any part of the Services without our prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.: (iii) You will not transmit any content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Services; and (v) You comply with these Terms.
Using Insur-Asia’s Services does not give you ownership of any intellectual property rights in our Services or the Website content you access (other than your User Content), which shall remain with Insur-Asia and our respective licensors.
2. Open Source Software
Certain software code incorporated into or distributed with our Website or otherwise with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
3. Insur-Asia Pte Ltd’s Rights
All rights, titles, and interests in and to Services including worldwide Intellectual Property Rights therein, are and will remain the exclusive property of Insur-Asia Pte Ltd and its applicable licensors. We reserve all rights not expressly granted in and to the Services.
4. Account Information
You hereby represent and warrant that the information you provide to Insur-Asia Pte Ltd upon registration of a user account (including information provided through your Linked Accounts, as defined below) (collectively, your “Account Information”), is true, accurate, current, and complete. You also hereby agree that you will ensure that this Account Information is kept accurate and up-to-date at all times.
5. Privacy and Passwords
Some portions of the Website and Services are protected and require a user identification code (“User ID”) and password for access. Unauthorized access or use of such portions of the Website is prohibited. You agree that you will notify Insur-Asia Pte Ltd immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred. Notify Insur-Asia Pte Ltd via email firstname.lastname@example.org. For your protection, if Insur-Asia Pte Ltd believes that any unauthorized access may occur or has occurred, Insur-Asia Pte Ltd may terminate your account access without prior notice to you. You also agree that Insur-Asia Pte Ltd is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.
6. Linked Accounts and Social Networking Sites
Insur-Asia Pte Ltd may, now or in the future, allow you to voluntarily link your account on the Services to your account(s) on third-party services such as Google or Facebook or LinkedIn (“Linked Accounts”) for the purpose of simplifying the processes of signing up and logging in to your Insur-Asia Pte Ltd account. If you choose to link your account on the Services to a Linked Account, you are authorizing Insur-Asia Pte Ltd to store and use your first and last name, profile picture and email address and enable a login to your Insur-Asia account by authenticating you with the Linked Account.
The Services may request that you submit content such as text, photos, audiovisual content, and other media content (“User Content”). By providing User Content to Insur-Asia Pte Ltd, you are granting Insur-Asia Pte Ltd a license to use the User Content in order to make it available through the Services.
8. License Granted by You to Insur-Asia Pte Ltd
By uploading or submitting User Content, you are granting Insur-Asia Pte Ltd a license to display, perform and distribute your User Content and to modify (for technical purposes), and reproduce such User Content to enable Insur-Asia Pte Ltd to operate the Services. You agree that these rights and licenses are royalty free, worldwide, and irrevocable, and include a right for Insur-Asia Pte Ltd to make such User Content available to, and pass these rights along to, others with whom Insur-Asia Pte Ltd has contractual relationships related to the provision of Insur-Asia’s Services, solely for the purpose of providing such services, and to otherwise permit access to or disclose your User Content to third parties if Insur-Asia determines such access is necessary to comply with its legal obligations.
You shall grant Insur-Asia a worldwide, non-exclusive, non-transferable, non-assignable, perpetual, irrevocable and royalty-free licence to:
(a) use and display the name, logos, trademarks or any other intellectual property rights of the entity you represent on our website and related marketing assets and identify you as our customer. To the extent that such name, logos, trademarks, or any such intellectual property rights are owned by a person other than yourself, you represent and warrant that you have entered into such arrangements with such persons as may be required for the grant of such rights and licenses to us;
(b) use and publish your testimonials, Contributions, and case study in publications, presentations and marketing assets created by us; and
(c) include you as our reference in our quotations, bidding documents, tender documents, submissions for accreditations or awards or other documents of a similar nature.
9. Submitted Ideas
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Insur-Asia Pte Ltd through the Website or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Insur-Asia Pte Ltd is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Insur-Asia Pte Ltd shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Insur-Asia Pte Ltd may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Insur-Asia without any obligation to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Insur-Asia under any circumstances.
10. Unauthorized Use
Do not misuse our Services. You agree not to use the Services or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the preceding sentence, you agree that you will: (i) review and comply with these Terms and the Privacy Notice; (ii) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; (iii) provide accurate information to us and update it as necessary; and (iv) act honestly and in good faith. By using the Services you agree not to: (i) create an account for anyone other than a company or natural person (unless you are a company, organization, legal entity or a brand and represent that company, organization, legal entity or brand). (ii) defame, stalk, bully, abuse, threaten, harass, intimidate, harm another person or engage in any other predatory behavior, including sending unwelcomed communications to others or engage in any other predatory behavior, or incite others to commit violent acts;(iii) use or attempt to use another’s account or create a false identity; (iv) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services, except as permitted in these Terms, or as expressly authorized by us; (v) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; (vi) utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services; (vii) adapt, modify or create derivative works based on the Services or technology underlying the Services, in whole or part; (viii) rent, lease, loan, trade, sell/resell any information in the Services, in whole or part; (ix) use the communication systems provided by the Services for any commercial solicitation purposes; (x) sell, sponsor, or otherwise monetize any service or functionality in the Services, without our express written consent; (xi) remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors’); (xii) remove, cover or otherwise obscure any form of advertisement included on the Services; (xiii) collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same); (xiv) share other users’ or third party’s information or their User Content without their express consent; (xv) infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us; (xvi) use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape,” “crawl,” “cache,” “spider” or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (xvii) use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services; (xviii) access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose; (xix) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Online Platform; (xx) attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services; (xxi) engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services’ infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs through or on the Services; and/or (xxii) Interfere or disrupt or game the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software.
11. Intellectual Property Ownership
This Website, including but not limited to its content, materials, designs, text, photographs, video, audio and graphics, belong to Insur-Asia or to other parties. No one is authorized to use or alter any of the Website in any manner without the prior written permission of the owner of the Website.
The Website is protected by Singapore copyright law, and shall not be transmitted, broadcast, copied, adapted, displayed, reproduced, republished, uploaded, downloaded, posted, distributed, performed or otherwise used without the prior express permission of Insur-Asia. All parts of the Website, databases and other intellectual property rights associated with the Services, whether registered or unregistered, and related goodwill, are proprietary rights of Insur-Asia. Your use of and access to this site does not grant you a license or any right to use any of the Website.
Modification of any part of the Website or materials displayed on the website or the use of any materials displayed for any other purpose is a violation of the copyrights and other proprietary rights of Insur-Asia and is prohibited.
12. Electronic Transmissions
You voluntarily agree to have all records, including your current and future insurance related documents, provided to you in electronic form. Insurance related documents include, but are not limited to:
- Your insurance policy and all documents, notices and correspondence related to your insurance policy. This could include ID Cards, applications, amendments, endorsements, illustrations, questionnaires, disclosures, and reports;
- Bills, billing notices, payment schedules or any other correspondence related to premium payments;
- Claim notices, disclosures, status letters, forms, and correspondence concerning a claim that arises under your policy or involves you as an insured and/or claimant;
- Legally mandated policies, notices, and disclosures to inform you of our business practices, including notices related to our collection, storage, use, and disclosure of your personal information; and
- Any other documents related to your insurance transactions with us.
We will use various methods to provide communications to you electronically, including via e-mail or through our Website. For this second option, you may need to log-in to access the information.
13. Internet Communication and Internet Delays
There cannot be a guarantee that messages or other forms of communication sent over the internet will be fully secure. The Company will not be held responsible for any damages incurred by users if they send a message to us, or if We send a message to them upon their request, over the Internet. We are not responsible in any manner for direct, indirect, special or consequential damages arising out of the use of this Website.
The Services, the application and/or the software may be subject to delays, limitations, and other issues inherent in the use of the internet and electronic communications, including the device used by you, or the electronic equipment used by our business partners being faulty, not connected, out of range, switched off or not functioning. The Company is not responsible for any delays, delivery failures, damages or losses resulting from such issues.
14. Information Submission
All information submitted to us via our Services and this Website shall be deemed and remain our property and We shall be free to use, for any purposes, any ideas, concepts, know-how or techniques contained in information provided by a visitor to us through this website. We shall not be subject to any obligations of confidentiality regarding submitted information except as agreed with us having the direct customer relationship or as otherwise specifically agreed or required by law.
15. Your Duty of Disclosure
You must disclose every matter that you know of, or could reasonably be expected to know of, that is relevant to your application for insurance. You must disclose these matters before you renew your insurance, or make any changes to your insurance. If and wherever possible, you shall provide these disclosures with due advance notification. If you fail to comply with your duty of disclosure, the insurer may be entitled to reduce their liability under the contract in relation to a claim, cancel the contract, or cancel the contract from the policy’s inception date.
You warrant the correctness and completeness of all information provided to Insur-Asia and the insurers that Insur-Asia submits your insurance applications to. You shall check the correctness and completeness of the documents provided by Insur-Asia and will inform Insur-Asia immediately of any errors or omissions.
16. No Legal Advice
Any information you receive on this Website does not constitute a recommendation, advice, or complete description of any insurance products, Services, or plan. Different insurance companies provide coverage, and your coverage is subjected to the terms and conditions found in your insurance policy. The availability of coverage for your policy will be dependent on your policy wording, the material facts of claims you submit, and the law of the jurisdiction that oversees the interpretation of your policy. You must not rely on the information provided on this Website as an alternative to seeking counsel from a lawyer, nor should you delay seeking counsel, disregard counsel, or initiate or discontinue any legal action based on the Services or this Website.
Insur-Asia and/or its officers and employees make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information on the Website for any purpose. All such information is provided “as is” without warranty or condition of any kind. To the maximum extent permitted by law, Insur-Asia, its officers, employees, agents or sub-contractors (i) expressly exclude all warranties and conditions with regard to the Website’s information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, and (ii) any and all liability to you, whether arising under these Terms or otherwise in connection with your use of the Website.
If you submit an application via this Website’s “Upload Insurance” option, the 10% discount is only applicable if your company’s risk profile has not materially changed from the original binding date of the policy you uploaded.
18. No Provision of Underwriting Service
Insurance companies decide to offer, renew, cancel or non-renew insurance coverage or otherwise provide customers with the requested insurance products. Insur-Asia Pte Ltd does not provide any underwriting services and is not responsible or liable for any resulting loss.
19. Applications Do Not Bind Insurance
If you submit an application for insurance through this Website, it does not constitute a binder of insurance coverage. However, it may be used by Insur-Asia to offer estimates of costs of coverage, terms, and conditions. A quotation may be subject to receipt of additional information or other conditions.
20. Policy Summaries
The coverage, exclusion, endorsement, and other summaries offered by Insur-Asia Pte Ltd are for general informational purposes only. They are not intended to provide legal advice, and should not be treated as such. Insur-Asia Pte Ltd uses its best efforts to prepare the policy summaries, FAQ answers, and product informationals, but does not guarantee their accuracy. You should check your policy wording to confirm the exact terms of your coverage.
21. No Modification of Insurance Coverage
Unless expressly stated in writing, nothing contained on this Website or offered to you by Insur-Asia shall constitute, or be construed, as modifying, changing, or altering your policy or coverage thereafter.
22. Access Outside Singapore
If you access the Company’s Services from outside Singapore, you are responsible for compliance with foreign and local laws.
23. No Guarantee of Service
The Company may terminate, suspend, change, or restrict access to all or any part of the Services, in each case without notice or liability. The Company also reserves the right to limit the availability of the Services or the provision of any part of the Website to any person, organisation geographic area, or jurisdiction at any time and in the Company’s own discretion.
24. Refund Terms
Refunds for payments made via credit card will be less the payment gateway’s fees. For instance, Stripe charges approximately 3.4% + SGD 0.50 as their fee. This amount will be deducted from any refunded amount. Refunds for payments made via bank transfer will be less all relevant bank fund transfer fees.
25. Third Parties’ Links, Websites, and Services
The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We are not affiliated with those websites, do not endorse them, have no control over those websites, and assume no responsibility and/or liability for the content, privacy policies, or practices of any third-party websites. In addition, We will not and cannot censor or edit the content of any third-party site.
We reserve the right to access, read, preserve, and disclose any information as We reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) cooperate with law enforcement authorities; (v) respond to user support requests; or (vi) protect our, our users’ or the public’s rights, property or safety.
By agreeing to the Terms upon using the Services, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of Insur-Asia’s Services or the Website; b) your use of Insur-Asia’s Services or the Website in your dealings with third party merchants, providers, partners, advertisers and/or sponsors, (c) your violation or breach of any of the Terms or any applicable law or regulation, whether or not referenced herein, or (d) your violation of any rights of any third party, or (e) your use or misuse of the Services or Website, or (f) your infringement or alleged infringement of any intellectual property or other right of any other person or entity. This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.
28. Limitation of Liability.
The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under Singapore law or statutory rights which may not be excluded, nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
To the extent that foregoing limitation of liability is prohibited, Insur-Asia’s sole obligation to you for damages shall be limited to the commission amount earned by Insur-Asia for providing Services to you for the twelve months prior to the alleged act causing damages.
It is specifically stipulated and you agree that any third party who is not a direct contracting party in the provision of our Services shall not be entitled to make any claim whatsoever against Insur-Asia, and that the Contracts (Rights of Third Parties) Act of Singapore is specifically excluded.
Insur-Asia reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms.
30. Force Majeure
Insur-Asia will not be held to the fulfilment of any obligation that is not reasonably possible for Insur-Asia to perform as result of events occurring outside the control of Insur-Asia.
Insur-Asia will not be obliged to provide services in the area of insurance, risk consultancy, or claim handling if Insur-Asia or its affiliates would thereby infringe applicable sanction legislation, a prohibition or a restriction of a resolution of the Security Council of the United Nations or other applicable sanction laws or regulations.
31. Dispute Resolution
We wish to address your concerns without going through a formal legal process. Before filing a claim against Insur-Asia, you agree to try to resolve the dispute informally by contacting email@example.com by email to provide details of your concerns in writing. We will respond to you by email as soon as practicable; however a lack of response shall not be deemed to constitute any acquiescence or waiver. Insur-Asia will use reasonable endeavours to try to resolve the dispute informally within thirty (30) days of receipt of your email setting out your concerns (“Negotiation Requirement“). If the dispute is not resolved within such a period, and you still wish to commence proceedings against Insur-Asia, you unconditionally and unequivocally agree that you must first submit the dispute for mediation at the Singapore Mediation Centre (SMC) or the Singapore International Mediation Centre (SIMC) in accordance with SMC’s or SIMC’s Mediation Procedure in force for the time being. Either/any party may submit a request to mediate to SMC or SIMC upon which the other party will be bound to participate in the mediation within 45 days thereof. Every party to the mediation must be represented by senior executive personnel, of at least the seniority of a Head of Department or its equivalent, with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC or SIMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached (“Mediation Requirement“).
In the event that mediation fails to resolve the dispute, the dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC“) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules“) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The seat of the arbitration shall be Singapore. The arbitration tribunal shall consist of one (1) arbitrator to be appointed by the President of the Court of Arbitration for the time being of the SIAC. The language of the arbitration shall be English. The fees of the Arbitrator shall be borne equally by you and the Company, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. The arbitral award made and granted by the arbitration tribunal shall be final, binding and incontestable.
For the avoidance of doubt, any arbitration under these Terms will take place only on an individual basis between you and us; and you accept and agree that we are not obliged to recognise nor are we bound to take part in any class constituted arbitrations and class actions.
Notwithstanding the foregoing, you or Insur-Asia may bring an individual action at the Small Claims Tribunal of the State Courts.
You agree that, by entering into these Terms, you and Insur-Asia are each waiving the right to bring an action in a court of law save for the Small Claims Tribunal of the State Courts, unless you have first complied with the Negotiation Requirement and Mediation Requirement. If you bring any action in breach of the Negotiation Requirement or the Mediation Requirement, you expressly agree that your action is in breach of these terms and an abuse of process. You therefore further agree and consent to us striking out your action or staying the same, with costs to be paid to us on an indemnity basis.
If we make any future change to this dispute resolution clause, that change will not apply to any dispute of which notice of arbitration has been filed on or before the effective date of the change.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms or use of the Services.
If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.
The failure of the Company to enforce any right or provision in the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
You agree that, regardless of any law or statute, any claim or cause of action you may have against the Company must be brought within one year after the claim or cause of action arises or is known or should reasonably have been known to you, or the claim or cause of action will be forever barred.
The Terms comprise the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
You hereby agree that the Company is entitled to terminate Services to you immediately in the event that you are found to be in breach of any of the terms stipulated in these Terms.