TERMS OF SERVICE TO BE USED WITH INSURANCE AGENTS
These Terms of Service (the "Terms") govern the access and use of the platform (the on our website and mobile application (the "Insuree Platform"), and any other related services (collectively, the "Services") provided by Insuree Pte Ltd ("Insuree") to you as an insurance agent, which when used in these Terms, shall have the same meaning as that given under section 1A of the Insurance Act (Chapter 142).
By accessing and using our Services, you agree to be bound by these Terms, which shall establish a contractual relationship between you and Insuree. If you do not agree to the following Terms or any part thereof, please do not access or use our Services.
The entity that you are contracting with is Insuree. In these Terms, whenever we use "us", "we" and "our", it refers to Insuree.
We reserve the right to amend, add to, or remove any of the provisions in the Terms at any time. We will provide you with seven (7) days' notice by posting the amended terms on the Insuree Platform. Your continued access or use of our Services after the lapse of the aforementioned seven (7) days' notification term shall constitute your acceptance of the modified Terms. If you are unhappy with the modified Terms and do not wish to accept all of the provisions in the modified Terms or any part thereof, please discontinue the use of our Services immediately.
Insuree reserves the right to suspend, limit or terminate your use of our Services at any time without further notice to you and for any reason whatsoever. For the avoidance of doubt, we would not be obliged to provide you with any such reason(s) which we may have in suspending, limiting or terminating your use of our Services.
1. We offer an independent online service through our Services that allows prospective insurance buyers (the "Insuree Users") to compare insurance policies offered by different licensed insurers through various insurance agents. The term "licensed insurer", when used in these Terms, shall have the same meaning as that given under section 1A of the Insurance Act (Chapter 142). We will also match Insuree Users with insurance agents through our "Client Matching" feature as provided on the Insuree Platform, which will allow the matched insurance agents to communicate with such Insuree User directly.
2. As Insuree only provides a matching service under the Services and does not carry out any regulated activity under the laws of Singapore or elsewhere. Insuree does not pre-screen the Insuree Users nor do we verify the information provided by any Insuree User and we do not represent and warrant the accuracy, completeness and correctness of any information provided by the Insuree Users. By using our Services, you agree that we are not responsible or liable for the accuracy, completeness and correctness of any such information provided by the Insuree Users under any circumstances. Your interaction with and sale of any insurance policies to any Insuree User is entirely at your own risk and you shall be bound by any laws, subsidiary legislation, rules, guidelines, notices or similar which may apply to you.
3. You will need to sign up for an account ("Account") in order to use some parts of our Services, including the "Client Matching" feature on the Insuree Platform. By signing up for an Account:
(i) you agree with the process, mechanics, integrity and methodology linked to or associated with the "Client Matching" feature on the Insuree Platform and shall not in any way whatsoever question, complain or challenge the basis, outcome or any other decision that arises from the "Client Matching" feature; and
4. When you create an Account, you represent and warrant that:
(i) you have the authority, mandate or standing (as the case may be) and that you are capable of entering into and performing the obligations stated in these Terms;
(ii) all information which you provide is accurate, up to date, truthful and complete;
(iii) you have a written agreement with one or more licensed insurers in Singapore (the "Principal");
(iv) you are fit and proper in your capacity as an insurance agent, are able to perform such responsibilities and duties as may be required of an insurance agent and have satisfied the various training and competency standards, including but not limited to the minimum qualification requirements prescribed by the Monetary Authority of Singapore ("MAS"); and
(v) you are in compliance with all laws, subsidiary legislation, notices, rules, guidelines, codes of conduct or similar, promulgated or prescribed in relation to insurance agents, including but not limited those issued by the General Insurance Association,
(collectively, the "Representations and Warranties").
5. As long as your Account is in existence, you agree and acknowledge that you shall be responsible for all activities under your Account. You therefore expressly undertake that:
(i) you will keep any personal User ID and password issued to you or created by you on the Insuree Platform safe and secure and shall not share your personal User ID and password with any other party;
(ii) you shall ensure that all the information associated with your Account is kept up to date at all times;
(iii) you will comply with Insuree's policies which may be promulgated, supplemented or amended from time to time and all applicable laws with respect to your Account and your access to and use of our Services;
(iv) you shall not set up multiple Accounts or transfer or sell your Account information to any other party or parties;
(v) the Representations and Warranties remain true and accurate at all times;
(vi) you will be solely responsible for any communications with and information provided to Insuree Users, including but not limited to any insurance policies that you may offer to any Insuree User;
(vii) you will ensure that any communications with and information provided in relation to any insurance policies that are offered to any Insuree User are so provided in a manner that is in compliance with all applicable laws, subsidiary legislation, notices, rules and regulations, guidelines or similar;
(viii) you will not at any time sell or exchange any information with regard to any Insuree User provided to you (the "Client Matching Data"), either by Insuree or by an Insuree User, whether directly, indirectly or under any circumstances whatsoever;
(ix) you will protect all Client Matching Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access and undertake all necessary measures in relation thereto; and
(x) you will not on-forward or transfer any Client Matching Data to any other party under any circumstances except to your Principal or with the consent of the relevant Insuree User.
Credits and Fees
6. Every Insuree User that gets matched on the Insuree Platform to you shall be considered a referral by us to you. Accordingly, you will be charged a one-time fee of [S$38.00] (the "Fee") for each referral, which will be deducted from the credits in your Account (the "Credits"). For the avoidance of doubt, you will not be matched with any Insuree Users and no Client Matching Data shall be released by the Insuree Platform to you unless and until there are sufficient Credits in your Account for the deduction of the Fee. If you have insufficient Credits to pay for the Fee, you may purchase additional Credits so that you may complete the payment of the Fee.
7. The Credits may be purchased through any of the methods as may be made available on the Insuree Platform or as may be notified to you from time to time. We may also, in our sole and absolute discretion, allocate Credits to you at no cost to you. The maximum amount of Credits that you can hold at any time is [S$1000]. When you select a particular payment method to purchase Credits, you hereby agree to the terms of service of our processing partners, any relevant payment system and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution, if any, for the payment method that you have selected. We may at any time, in our sole and absolute discretion, reject your request to purchase Credits without providing you with any reason. You may check your balance Credits on the Insuree Platform at any time. All Credits will only be valid for 1 year from the date of their last purchase or spend, whichever is the later. The expiry date and the amount as set out on the Insuree Platform shall serve as conclusive evidence of the expiry date of your Credits. We shall have the right to deal with the expired Credits in such manner as we deem fit in our absolute discretion and you hereby agree that you will have no claim against us for any expired Credits. The Credits are not redeemable for cash nor refundable under any circumstances.
8. You acknowledge and agree that the Fee and/or any other fees and charges paid by you to us with respect to your access and use of our Services are non-refundable. For the avoidance of doubt, there will be no refunds of any part of the Fee in the event that we suspend, limit or terminate your Account for any reason.
9. All information, data and copyright material contained on the Insuree Platform and any of our mobile applications, including any trade marks (whether officially registered or unregistered), trade names, brands, logos and devices belong to us or to people whom we have given ownership or permission to use such information data and/or copyright material. You must not use such information or any copyright material unless you have written permission from us or the owner to do so.
Disputes with Insuree Users
10. If there are any disputes between you and any Insuree User, such disputes are to be resolved between you and the Insuree User. If the dispute is notified to us, we may attempt to, but is under no obligation to, facilitate the resolution of the dispute. You agree to release from and shall not name or in any way whatsoever involve us, our subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns in any claims, demands, damages, losses and costs arising out of your disputes with any Insuree User in Singapore or elsewhere.
Disclaimer of Warranties and Limitation of Liability
11. You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "as is" and "as available" basis. Accordingly, to the extent permitted by any applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
12. You acknowledge and agree that your only right with respect to any problems or dissatisfaction with our Services is to request for a termination of your Account and/or to discontinue the access and use of our Services. Such request for a termination of your Account and/or discontinuation of access shall not in any way and at any point in time entitle you to any form of monetary or other compensation whatsoever.
13. Under no circumstances shall we, our subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns be liable to you and/or your Principal for any direct, indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use the Services, or arising out of or in connection with your conduct or the conduct of any other users of our Services in connection with the access and use of our Services, including without limitation, death, bodily injury, emotional distress and/or other damages resulting from communications or meetings with other users of our Services, whether or not the damages were foreseeable and whether or not Insuree advised you and/or your Principal of the possibility of such damages. Without limiting the generality of the foregoing, Insuree's aggregate liability to you and/or your Principal (whether under contract, tort, statute or otherwise) shall not exceed the amount of Singapore Dollars One Only (S$1.00).
14. All exclusions and limitations of liability shall be to the fullest extent permitted by law.
15. You agree that you will indemnify and hold harmless us, our subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from (a) your use of the Services; (b) any use of your Account; (c) your breach of these Terms; (d) your breach of any applicable laws, rules or regulations; or (e) your violation of any rights of another person or entity.
16. You agree and acknowledge that you and Insuree are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. You further agree and acknowledge that you shall remain personally liable for any acts of negligence, omission and/or breach of duty committed by you and/or your Principal in your communications with and/or any other involvement whatsoever with any Insuree User. For the avoidance of doubt, we shall not be responsible or liable for the performance of any obligations under any insurance policies sold by you and/or your Principal. You further acknowledge that you and your Principal are bound by the relevant laws, subsidiary legislation, notices, rules, guidelines or similar and the breach or compromise by you and/or your Principal shall not in any way be attributed to us, our subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns.
17. If any provision of these Terms shall be held to be illegal, invalid or unenforceable, in whole or in part, the legality, validity and enforceability of the remainder of these Terms shall not be affected.
18. Any failure by Insuree to exercise a right or require performance of an obligation in these Terms shall not affect Insuree's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach. We do not undertake that we will take action against all breaches of these Terms.
19. Insuree may at any time assign its rights or delegate any obligations herein without any prior consent from you. In the event of such assignment or delegation by Insuree, we will provide you with notice at such time which we will in our absolute discretion decide. You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
20. These Terms constitute the entire agreement between you and Insuree and supersedes all prior or contemporaneous understandings and/or agreements between you and Insuree.
21. No provision in these Terms should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) or otherwise, by any person who is not a party to this Agreement.
Governing Law and Jurisdiction
22. You hereby agree that these Terms shall be governed by and construed in accordance with the laws of Singapore, without reference to its conflict of laws principles and that the courts of Singapore shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.