These terms and conditions govern the Agents use of GEGMs Internet Insurance Service
1. Application to Subscribe to the GEGM Internet INSURANCE Service
1.1 Great Eastern General Insurance (Malaysia) Berhad ("GEGM") with whom the Agent maintains one or more accounts, may at its sole and absolute discretion make available to the Agents the use of the GEGM Internet Insurance Service in respect of or in connection with the said accounts of the Agent.
1.2 An Agent of GEGM who has opened and maintained one or more accounts with GEGM may apply to GEGM to subscribe for the use of the GEGM Internet Insurance Service.
2. Account Terms and Conditions
2.1 In addition to these Terms and Conditions, the other prevailing terms and conditions of GEGM governing its website shall also apply and be binding on the Agent.
3. Acceptance of Terms and Conditions
3.1 The Agent agrees that the Agents registration to access and use the GEGM Internet Insurance Service in accordance with Clause 5.1 herein will constitute the Agent's agreement to and receipt of these Terms and Conditions as well as the Agent's acknowledgement and acceptance of the inherent risks in conducting any transaction over the Internet.
4. Equipment, Software and Network Access
4.1 The Agent shall be responsible for obtaining and using the necessary web browser and/or other software and/or hardware and/or equipment necessary to obtain access to the Internet and the GEGM Internet Insurance Service at his own risk and expense. If new or different versions of the web browser and/or other software and/or hardware and/or equipment necessary for access to the GEGM Internet Insurance Service become available, GEGM reserves the right not to support any prior version of the web browser or other software or hardware or equipment. If the Agent fails to upgrade the relevant software and/or web browser or to use the enhanced version of software and/or web browser or hardware or equipment as required by GEGM, GEGM may reject the Agent's transactions, or process the Agent's transactions incorrectly, or the Agent may not be able to obtain access to all features and/or services of the GEGM Internet Insurance Service, and GEGM shall not be held liable as a result thereof.
4.2 The Agent is required to maintain the hardware and software that meets the minimum specifications stipulated by GEGM from time to time.
4.3 The Agent may only use and gain access to the GEGM Internet Insurance Service through Internet Service Providers (ISP) duly licensed under the Communications and Multimedia Act 1998 and such access through the respective ISPs is subject to and governed by the relevant laws and regulations of Malaysia and the terms and conditions, if any, agreed upon by the Agent with the ISP. All fees and charges in connection with the access provided by the ISP and all fees charges expenses and costs incurred by the Agent in connection with the use of the GEGM Internet Insurance Service shall be borne exclusively by the Agent and GEGM shall not be liable therefor, notwithstanding any action taken by GEGM, including termination of the GEGM Internet Insurance Service.
5. Gaining Access to the GEGM Internet Insurance Service
5.1 The Agent may apply to subscribe to the GEGM Internet Insurance Service through the GEGM website (and any other application channels made available by GEGM from time to time) in which the Agent is required to go through a registration process. Upon successful registration and verification by GEGM, and subsequent to having acknowledged the Agents reading and accepting of these Terms and Conditions, the Agent will be required to follow the on-screen guided steps to create: (a) GEGM Internet User ID (GEG Link ID); and (b) GEGM Internet Password (GEG Link Password). Upon the e-mail confirmation by GEGM of the Agents GEG Link ID and GEG Link Password, the Agents access to the GEGM Internet Insurance Service will be deemed to have been activated.
5.2 Thereafter, to access the GEGM Internet Insurance Service, the Agent will be required to key in the Agent's GEG Link ID and GEG Link Password each time the Agent logs on. The Agent may use the transactions and/or services or such other transactions and services set forth in these Terms and Conditions or as made available by GEGM from time to time only if such GEG Link ID and GEG Link Password is and remains valid. GEGM may at any time in its sole and absolute discretion invalidate the GEG Link ID and GEG Link Password without assigning any reason therefor with prior notice and shall not be liable or responsible for any loss or damage suffered by or caused to the Agent or arising out of or connected or by reason of such invalidation.
6. GEGM Internet Insurance Service
6.1 Upon the activation of the GEGM Internet Insurance Service, the Agent will be able to access, use and transmit Instructions to GEGM, via the GEGM Internet Insurance Service, in respect of the following Insurance transactions and services as and when made available to the Agent:
- Policy Enquiry
- Statement of Account
- Commission Statement
- Claims Enquiry
- Outstanding Premium
6.2 GEGM may from time to time make available to the Agent such other additional transactions and/or services and the Agent agrees to be bound by these Terms and Conditions in relation to the said additional transactions and services and such other specific terms and conditions as may be applicable to the same.
6.3 Notwithstanding anything contained in Clause 6.1 GEGM may at any time, modify, suspend or withdraw the performance of any Insurance transaction or service or type of transactions or service and shall not be liable or responsible for any loss or damage suffered by or caused to the Agent or arising out of or connected or by reason of such modification, suspension or withdrawal.
6.4 Upon any Instruction of the Agent in respect of a Insurance transaction and/or service being effected or performed or processed through the GEGM Internet Insurance Service, GEGM shall be entitled to debit forthwith the Agents account immediately and shall not be responsible for any missing and/or misuse and/or mismanagement of funds not attributable to GEGMs gross negligence and wilful default. The Agent shall ensure that all Instructions transmitted by the Agent are complete, correct and accurate.
6.5 GEGM reserves the right at any time to set, vary or cancel limits for any transactions, services, facilities and products that may be carried out through the use of the GEGM Internet Insurance Service, whether in monetary or numerical terms or otherwise, and to vary their frequencies and availability periods.
6.6 Any Instruction in relation to transactions and/or services effected or performed or processed through the GEGM Internet Insurance Service after the relevant cut-off time on any day will be entered, shown or recorded in the books and records of GEGM on or for the next business day following the date of the said Instruction being effected or performed or processed. GEGMs decisions on Insurance products and/or facilities and other financial applications are at the sole and absolute discretion of GEGM.
7. Instructions
7.1 Except as otherwise provided in these Terms and Conditions, GEGM shall be entitled to act on any Instructions received by GEGM and GEGM shall not be liable for any loss to the Agent by so doing. The Agent acknowledges that unless the Agent receives an on-screen confirmation of receipt of the Agents Instruction from GEGM, the Agents Instruction may not have been received and accordingly, may not be carried out.
7.2 Notwithstanding the receipt of on-screen confirmation from GEGM pursuant to Clause 7.1 above and without prejudice to GEGMs right to act on the Agents Instructions alone, the Agent acknowledges and agrees that such Instructions may not be final and accordingly may not be carried out by GEGM and that GEGM may at its sole discretion request for further verification and/or information prior to carrying out such Instructions although no liability nor responsibility shall accrue to GEGM for its failure to request for such further verification and/or information.
7.3 In carrying out any of the Agents Instructions, the Agent acknowledges and agrees that the execution of the same may amongst others, be subject to the then current system and operational exigencies of GEGM and/or the GEGM Internet Insurance Service and any other prevailing circumstances and as such GEGM shall be allowed such amount of time as may be reasonable to act upon and effect or perform or process the said Instructions and GEGM shall not be liable or responsible for any loss or damage suffered by or caused to the Agent or arising out of or connected or by reason of such delay.
7.4 Where GEGM receives an incomplete or ambiguous Instruction, or an Instruction which is inconsistent with any other Instruction(s), the Agent acknowledges and agrees that GEGM shall be entitled to act upon such Instruction based on GEGMs or any of its officers reasonable interpretation of such Instruction or otherwise shall be entitled to refuse to act until further information or a fresh Instruction is given by the Agent. GEGM shall not in any way be liable for carrying out and effecting or performing or processing an Instruction based on its reasonable interpretation of the same nor for refusing to carry out such Instruction.
7.5 GEGMs records of the Instructions, transactions and/or services effected or performed or processed through the GEGM Internet Insurance Service with or without the Agents consent and any record of transactions relating to the operation of the GEGM Internet Insurance Service and any record of any transactions maintained by GEGM or any Relevant Person authorised by GEGM or any Relevant Person relating to or connected with the GEGM Internet Insurance Service, where such records may take the form of, amongst others, telephone logs, computer printouts, computer data stored on magnetic tapes, cartridges or any other form of data storage, shall be binding and conclusive on the Agent for all purposes whatsoever and shall be conclusive evidence of any Insurance transaction and/or service effected or performed or processed through the GEGM Internet Insurance Service and the Agents liability to GEGM and the Agent agrees not to dispute the validity, accuracy or authenticity of any such records and evidence.
7.6 An Instruction in relation to the Agents account(s) shall be irrevocable and binding on the Agent upon transmission of the Instruction to GEGM. For the avoidance of doubt, the Agent agrees that any Instruction received by GEGM through the use of the Agents GEG Link ID and GEG Link Password, whether authorised or otherwise, shall be deemed to be that of the Agent. Without prejudice to the same however, the Agent shall have the right to request the cancellation, revocation, reversal or amendment of any previous Instructions transmitted to GEGM. GEGM may, in its absolute discretion, act on any such request to cancel, revoke, reverse or amend any previous Instructions or any other instructions received before the same is effected or performed or processed through the GEGM Internet Insurance Service.
7.7 The Agent is required to refrain from transmitting and/or issuing Instructions to GEGM through E-mail Services. GEGM shall not be obliged to act on any instructions (whether digitally signed or not) received through E-mail Services.
7.8 GEGM reserves the right at its sole discretion, to refuse to effect or perform or process or otherwise carry out any of the Agents Instructions where the Agents Instructions are inconsistent with GEGMs policies or any rules or regulations currently in force or for any other reasons.
7.9 Notwithstanding anything herein, the Agent acknowledges and agrees that GEGM shall not be held responsible or liable for any Instructions relating to transactions and/or services being effected or performed or processed through the GEGM Internet Insurance Service or any failure to effect or perform or process any Instructions where:
7.9.1 The Instructions transmitted are inaccurate or incomplete in any way;
7.9.2 There in an error in the Instructions transmitted whether caused during the course of transmission through GEGMs Internet Insurance Service or otherwise;
7.9.3 The Agents account in relation to which the Instruction is transmitted is made subject of any legal process or restriction or is otherwise suspended, closed or frozen for any reason;
7.9.4 GEGM is aware or has reason to believe that fraud or some criminal act has been, is being or is about to be committed; and
7.9.5 The Agent fails to follow any instructions, directions, guidelines or procedures in respect of the use of the GEGM Internet Insurance Service or any portion thereof.
7.10 Where an account of the Agent is closed for any reason, any Instructions which have not been effected or performed or processed relating to that account will be cancelled on the day the said account is closed and the Agent acknowledges and agrees that GEGM shall not in any way be liable for the failure to effect or perform or process any such Instructions.
8. Service Availability
8.1 The GEGM Internet Insurance Service is intended to be available 7 days a week, 24 hours a day. However, the Agent acknowledges that at certain times some or all of the GEGM Internet Insurance Service may not be accessible due to system maintenance or reasons beyond the control of GEGM. Notwithstanding the above, the Agent acknowledges that GEGM specifically does not warrant that the GEGM Internet Insurance Service will be available at all times.
8.2 In the event some or all of the GEGM Internet Insurance Service are not accessible for whatever reason, the Agent agrees to use alternative means that are appropriate to issue Instructions in respect of the Agents account(s).
8.3 GEGM may from time to time without giving prior notice, upgrade, modify, suspend or alter part or the whole of the GEGM website and shall not be liable if any such upgrade, modification, suspension or alteration to GEGMs website prevents the Agent from accessing the GEGM Internet Insurance Service or any part or feature thereof.
9. Account Information
9.1 The Agent acknowledges that any information pertaining to the Agents account(s) as reported through the GEGM Internet Insurance Service may not always be completely up to date as there may be Instructions and/or transactions which, without limiting to the generality of the foregoing, have only been provisionally credited as uncleared effects (which may be altered or reversed by GEGM if not cleared), have yet to be processed by GEGM, require verification of GEGM or are in progress. The Agent specifically agrees that the account balance as reported through the GEGM Internet Insurance Service shall not for any purpose whatsoever be taken as conclusive of the Agents account balance with GEGM.
9.2 The Agent may produce a print-out of transactions and/or statements from his own Access Device. The Agent acknowledges that such print-out does not constitute a transaction advice from GEGM and shall not be binding on GEGM.
9.3 Without prejudice to the foregoing, where the Agent knows, suspects or has reason to believe that there has been an unauthorised Insurance transaction or that there is an error in the Agents account information, the Agent shall notify GEGM in writing within sixty (60) days from the date of the account information.
10. Confidentiality & Responsibility For GEG Link ID and GEG Link Password
10.1 The Agent shall not at any time disclose his/her GEG Link ID and/or GEG Link Password to any person (including any employee of GEGM).
10.2 The GEG Link ID and GEG Link Password shall only be used by the Agent of the GEGM Internet Insurance Service who has successfully created the GEG Link ID and GEG Link Password via the GEGM Internet Insurance Service registration process.
10.3 The Agent shall notify GEGM immediately upon receipt of any data and/or information through the GEGM Internet Insurance Service that is not intended for the Agent. The Agent agrees that all such data and/or information shall be deleted from the Agents Access Device immediately.
10.4 The Agent shall exercise reasonable care to prevent the disclosure or unauthorised use of the GEG Link ID and GEG Link Password. GEGM shall not be responsible or liable for any loss caused to or damage suffered by the Agent if any person should obtain possession of the GEG Link ID and GEG Link Password and issue Instructions in respect of transactions and/or services which are effected or performed or processed through the GEGM Internet Insurance Service or in any other way obtain payment of any monies belonging to the Agent through the use of the said GEG Link ID and GEG Link Password.
10.5 Notwithstanding anything herein to the contrary, if the Agent has any reason to believe that its the Agents GEG Link ID and GEG Link Password have been misused and/or compromised by their disclosure, discovery or theft by any other party, the Agent shall inform GEGM immediately and in any case no later than 12 hours after the Agent becomes aware of the same. The Agent shall be liable for any loss or damage arising from any Instructions relating to transactions and/or services being effected or performed or processed through the GEGM Internet Insurance Service until such time as the notification is received and logged by GEGM in accordance with the timeframe specified herein.
10.6 Where the Agent has contributed to any loss or damage resulting from an unauthorised Instruction, Insurance transaction and/or service by delaying notification of a lost, misused or theft of stolen GEG Link ID or GEG Link Password or someone else knowing discovering the Agents GEG Link ID or GEG Link Password, the Agent shall in addition to being liable for all Instructions relating to transactions and/or services which are effected or performed or processed through the GEGM Internet Insurance Service transactions conducted up to the point notification is received and logged by GEGM in accordance with the timeframe specified in 10.5 above, shall also be liable for the actual loss which occurred during the period of any such delay, (which for the avoidance of doubt, is the period commencing from the expiry of the timeframe specified in 10.5 above until the point in time in which notification is received and logged by GEGM), except for:
- That portion of the loss incurred on any one day which exceeds the daily transaction limit applicable to the Agents relevant account(s); or
- That portion of the total loss incurred which exceeds the amount of funds standing in the Agents relevant account(s).
10.7 The Agent acknowledges and agrees that GEGM may, at its sole right and discretion, suspend the Agents access to the GEGM Internet Insurance Service until a new GEG Link ID and GEG Link Password is selected and/or issued by GEGM or otherwise until such time as may be specified by GEGM at its sole discretion.
11. Consent to Disclosure
11.1 The Agent hereby gives his written permission to GEGM as well as any of its officers and officials to disclose, divulge or reveal any information whatsoever as may be required regarding the money or otherwise particulars of the Agent or the Agents account:
11.1.1 to any person purporting to be the Agent upon verification of his identity by GEGM to its satisfaction in accordance with its prevailing procedure;
11.1.2 to any Relevant Person or to any third party which the Agent (or any person using the GEG Link ID and GEG Link Password) may from time to time wish to transact with whether directly or indirectly, via the use of the GEGM Internet Insurance Service;
11.1.3 to any person as may be necessary or appropriate to effect or perform or process an Instruction relating to transactions and/or services through the GEGM Internet Insurance Service given by the Agent;
11.1.4 to Bank Negara Malaysia and/or such other authority or body as instructed by Bank Negara Malaysia;
11.1.5 to any legal, judicial and/or regulatory authority having jurisdiction over GEGM, its branches, related corporations, associates, subsidiaries, affiliates, assignees, proposed assignees, agents;
11.1.6 to its holding or subsidiary or related or associate company of GEGM;
11.1.7 to any other parties engaged by GEGM to enable or assist GEGM to exercise or enforce GEGMs rights under these Terms and Conditions;
11.1.8 to any person or entity pursuant to any law, regulation, governmental directive/request or order of court.
11.2 The Agent acknowledges and accepts the possibility that there may from time to time be inadvertent disclosures by GEGM and/or any of their officers or officials of information regarding the Agent, the monies or any other relevant particulars of the accounts of the Agent with GEGM in the course of providing information relevant to Instructions relating to transactions and/or services which are effected or performed or processed through the GEGM Internet Insurance Service and hereby waives all the Agents rights and remedies against GEGM for such inadvertent disclosures.
11.3 While GEGM will use its best endeavours to ensure that all information transmitted using the GEGM Internet Insurance Service is secure and cannot be accessed by unauthorised third parties, GEGM does not warrant the security of any information transmitted by the Agent using the GEGM Internet Insurance Service. Accordingly, the Agent accepts the risk that any information transmitted or received using the GEGM Internet Insurance Service may be accessed by unauthorised third parties and will not hold GEGM liable for any such access or any loss or damage suffered as a result thereof.
11.4 The Agent agrees that with the exception of disclosures which are due to the fraud or gross negligence of GEGM or any of its officers and officials, neither GEGM nor any of their officers and officials shall be liable for any loss or damage suffered by the Agent as a result of their disclosing, divulging or revealing of any information concerning the Agent or the Agents account(s) with GEGM by GEGM and/or its officers or officials and they shall be deemed to be authorised to make such disclosures.
11.5 GEGMs Privacy Policy, located on the GEGMs website sets forth the terms and conditions pursuant to which GEGM may use and share information concerning the Agent with third parties. In order to provide the products and services that the Agent seeks through GEGMs website, GEGM may be required to share information concerning the Agent with third parties that provide the products and services. The Agent agrees that it has reviewed and understood this Privacy Policy and consents to such disclosures.
12. Liability & Indemnity
12.1 The Agent shall be responsible and liable for any disclosure or unauthorised use of the Agents GEG Link ID and/or GEG Link Password and/or any other information in respect of the Agents account(s) whether by the Agent or any other person. The Agent shall also ensure that the Agent does not make any disclosure to any person or unauthorised use of the GEG Link ID or GEG Link Password and/or any of the Agents account(s). GEGM shall not be responsible or liable for any loss caused to or damage incurred or suffered by the Agent or any person by reason of or arising from or as a consequence of the use of the Agents GEG Link ID or GEG Link Password, whether authorised or otherwise, to issue Instructions and/or perform any transactions and/or services in connection with any account(s) of the Agent with GEGM and/or to obtain and/or make any payment of any monies belonging to the Agent. With the exception of loss or damage caused by the fraudulent or gross negligent conduct of GEGMs officers or agents, the Agent shall indemnify GEGM from and against and in respect of all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims demands actions and proceedings which GEGM may incur or sustain directly or indirectly by reason of or arising from or as a consequence of the Agents breach or violation of these Terms and Conditions and/or the use of the Agents GEG Link ID and/or GEG Link Password, or any third party including without any limitation, all liabilities, losses and damages arising from the access of any account information, transfer of any funds and/or performance of any transactions and/or services in connection with any account(s) of the Agent with GEGM and/or the receipt or payment of any monies belonging to the Agent, whether or not authorised by the Agent. This obligation to indemnify GEGM shall survive the termination of the GEGM Internet Insurance Service.
12.2 GEGM shall not be responsible or liable for any loss, damage or embarrassment incurred or suffered by the Agent in relation to or in respect of any Instructions, relating to transactions and/or services which are effected or performed or processed through the GEGM Internet Insurance Service howsoever caused including but not limited to the Agents non-compliance with the GEGM Internet Insurance Service instructions and GEGMs inability to provide services as a result of malfunction partial or total failure of any data processing system, security system, computer tele-transmission or telecommunications system or other circumstances beyond the control of GEGM or any institution or any person or any organisation involved in the above mentioned systems.
12.3 Without prejudice to the generality of 12.2 GEGM shall not be responsible or liable for any loss, damage or embarrassment suffered by the Agent by reason of or arising from but not limited to:
12.3.2 Inability of the Agent to perform any transaction due to limits set by GEGM from time to time.
12.3.3 Any loss or damage caused by equipment, Internet browser providers or by the Internet Service Providers or their agents or sub-contractors.
12.3.4 Any intrusion or attack by any person, hardware, software, virus, Trojan horse, worm, bot and/or macro or other harmful components that may interfere with the GEGM Internet Insurance Service, the Agents web browser and/or Access Device or GEGMs or the Internet Service Providers Computer System.
12.3.5 Any breakdown or malfunction of any equipment, system or software used in connection with Internet Insurance, whether belonging to GEGM or not including but not limited to any electronic terminal, server or system, telecommunication device, connection, electricity, power supply, telecommunication or other communications network or system.
12.3.6 Lack of information or failure by the Agent to provide clear necessary and complete information for effecting or performing or processing the Instructions relating to payment or transfers or transactions and/or services.
12.3.7 Any use, misuse, purported use, or misuse, loss, theft, fraudulent or unauthorised use of the Agents GEG Link ID and/or GEG Link Password and/or the GEGM Internet Insurance Service.
12.3.8 Any destruction or alteration of Agents Instructions or any other instructions, data or information transmitted by the Agent through the GEGM Internet Insurance Service.
12.3.9 Any unauthentic, inaccurate, incomplete, out-of-date and erroneous transmission of the Agents Instructions that might be transmitted through the GEGM Internet Insurance Service.
12.3.10 Any failure by the Agent to abide by these Terms and Conditions and the latest or current instructions, procedures and directions for using the GEGM Internet Insurance Service and/or any refusal by GEGM to act as a result thereof.
12.3.11 The GEGM Internet Insurance Service or any portion thereof not being available or functioning.
12.3.12 The Agents Access Device or hardware not functioning optimally or malfunctioning.
12.3.13 The Computer System providing such information as may be necessary to effect or perform or process an Instruction not working properly or not being able to be accessed by the Agent.
12.3.14 The Agent not furnishing timely and accurate information in relation with or in connection with the Instructions relating to transactions and/or services which are effected or performed or processed through the GEGM Internet Insurance Service.
12.3.15 Any delays, failures, omissions, interference with or impediment, interruption or disruption of business or operations caused by but not limited to force majeure, act of God, war, warlike hostilities, riots, blockades, strike, embargoes, or machine or equipment failure, or suspension of operation of the GEGM Internet Insurance Service and circumstances beyond the control of GEGM.
12.4 The Agent irrevocably undertakes to indemnify GEGM from and against and in respect of all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which GEGM may incur or sustain directly or indirectly from or by reason of or in relation to the use, misuse or purported use or misuse of the GEGM Internet Insurance Service, and shall pay such monies to GEGM on demand.
12.5 In the event that the Agents GEG Link ID and/or GEG Link Password is exposed due to any unauthorised or other hardware device(s) attached or loaded and/or software program(s) loaded or installed to/in the Access Device which is used to access the GEGM Internet Insurance Service and the Agent fails to prove that it was not negligent in the circumstances that led to the unauthorised use or disclosure of the Agents GEG Link ID and/or GEG Link Password, GEGM shall not be responsible or liable for any loss, damage, embarrassment thereby incurred or suffered (whether directly or indirectly) by the Agent. It is also not GEGMs responsibility to prove that any unauthorised or other Instructions, transactions and/or services is due to the above security breach.
12.6 GEGM shall be under no liability for any damage, loss or expense, or for any obligation to pay or reimburse interest to Agent for unsuccessful crediting of money through the use of the GEGM Internet Insurance Service.
12.7 The Agent acknowledges and agrees that some content, software, products and services available from, accessible through or provided as part of, ancillary to or in conjunction with the GEGM Internet Insurance Service are or may be provided by third party service providers or through the use of third party software and/or content and under no circumstances shall it be construed that GEGM is a party to any transaction between the Agent and such third party service providers or that such third party products, services, software, and/or content are provided by any member of GEGM. Accordingly, no member of GEGM group shall be liable in any way for any products, services, software and/or content obtained, and/or purchased from or rendered by such third party/parties or be responsible for any failure to deliver such products, services, content and/or software, Agent enquiries, technical support, maintenance services and/or any other obligations or services relating to or in respect of such products, services, software and/or content, which shall be the sole responsibility of the relevant third party. The Agent further acknowledges that the access, use and/or purchase of such products, services, software and/or content may be subject to additional terms and conditions prescribed by the relevant third party, and hereby agrees to comply with and observe all such terms and conditions and where required by such third party, to execute any document containing such terms and conditions.
12.8 The Agent shall accept that, due to the laws of some countries, the Agent may not be able to access or use, or may be prevented by GEGM from accessing or using, the GEGM Internet Insurance Service in those countries as GEGM may determine from time to time and the Agent will not hold GEGM liable for such inability to access or use the GEGM Internet Insurance Service.
13. proprietary Rights
13.1 The Agent acknowledges and agrees that all intellectual property rights in and to GEGMs Computer Systems and the GEGM Internet Insurance Service, including, without limitation to the GEGMs website, and all contents and any updates thereof are owned exclusively by GEGM or the relevant third party vendor, affiliate or any other third party, where applicable.
14. No Warranty
14.1 The information and materials contained in GEGMs website and/or such other websites accessible via the GEGM Internet Insurance Service, including text, graphics, links, extracts from links or other items - are provided As is, As Available. GEGM does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in such information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer viruses, is given in conjunction with the said information and materials.
15. Fees and Charges
15.1 Any goods and services tax or other levies now or hereafter imposed by law or required to be paid in respect of any monies payable to or received or receivable by GEGM or any expenses incurred by GEGM, shall (except to the extent prohibited by law) be borne and paid by the Agent and GEGM shall be entitled to debit the same from the Agents account(s).
15.2 GEGM shall be entitled to levy or impose service charges and make variations to the same from time to time in respect of services rendered to the Agent provided that thirty (30) days prior notice specifying the details of the charges are made known to the Agent in writing or in a manner so deemed applicable by GEGM. Should the Agent disagree with the imposition of such fees or charges and any variations thereof, the Agent shall terminate the GEGM Internet Insurance Service pursuant to Clause 18.3 herein or cease the use of the particular Insurance transaction and/or service to which such fees, charges or variations relate to. The Agents continued use of the GEGM Internet Insurance Service and issuance of Instructions in respect of or the particular Insurance transaction and/or service to which the fees, charges or variations relate to shall be deemed as the Agents agreement and acceptance of the same.
16. International Use
16.1 The Agent hereby agrees that the Agent is using the GEGM Internet Insurance Service at its own risk and initiative and the Agent is responsible for compliance with all applicable laws, which relate to any use of GEGM Internet Insurance service outside of Malaysia.
17. Variation of Terms and Conditions
17.1 GEGM may at its discretion and at any time add to, alter, vary, modify all or otherwise change all or any of these Terms and Conditions by giving the Agent 30 days prior notice where the said change(s), in GEGMs sole opinion, may materially affect the Agents rights and obligations. Such changes shall, subject to Clause 17.4, be binding on the Agent upon the expiry of the said 30-day period.
17.2 All additions, variations, modification or changes other than those stated in Clause 17.1 above shall be binding on the Agent and be deemed to have come to the Agent's attention through notice given in any reasonable mode that GEGM deems suitable/fit according to circumstances.
17.3 Notwithstanding Clause 17.1 and 17.2 above, where any variations, modifications or changes to these Terms and Conditions are merely in relation to the correction of any spelling and grammatical error or is in GEGMs sole opinion, necessitated by an immediate need to restore or maintain the security of the Internet Insurance Service, GEGMs computer system, the Agents account(s) or any transactions, no prior notice will be given to the Agent in respect of such variation, modification or changes to the Terms and Conditions.
17.4 If the Agent does not accept any additions, variations or modifications to these Terms and Conditions, the Agent shall discontinue using the GEGM Internet Insurance Service. The Agent agrees to view these Terms and Conditions regularly and subject to notice having been given to the Agent in accordance with the provisions herein, the Agent's continued access and/or use of the GEGM Internet Insurance Service after any such additions, variations or modifications become effective will constitute the Agent's acceptance of the additions, variations or modifications without reservation.
18. Suspension or Termination of Services
18.1 GEGM may at any time without giving any reason with prior notice suspend or restrict or terminate the operations or the whole or any part of the GEGM Internet Insurance Service without being liable or responsible for any loss or damage suffered by or caused to the Agent or arising out of or connected or by reason of such suspension or restriction or termination.
18.2 GEGM will automatically suspend or terminate the Agent's right of access to the GEGM Internet Insurance Service should the Agent cease to maintain any account(s) with GEGM which can be accessed via the GEGM Internet Insurance Service or should the Agent's access to such account(s) be restricted by GEGM or any other party for any reason.
18.3 The Agent may terminate the GEGM Internet Insurance Service by giving prior written notice to GEGM. The GEGM Internet Insurance Service will be cancelled within 7 Business Days from the date of GEGM's receipt of the said notice of termination and the Agent hereby agrees not to use the GEGM Internet Insurance Service to issue Instructions on any day falling after the receipt of the Agent's notice of termination. Notwithstanding the foregoing, GEGM shall not be liable for the Agents continued use of the Internet Insurance Service thereafter and for the Instructions relating to transactions and/or services which are effected or performed or processed through the GEGM Internet Insurance Service after receipt of the Agents written notice to terminate.
18.4 The Agent also acknowledges and agrees that where the Agent s access to the GEGM Internet Insurance Service is terminated for any reason, GEGM shall not be liable for its failure to act upon and effect or perform or process any such Instructions received prior to such termination and remains uneffected or unperformed or unprocessed at the point of such termination by GEGM or otherwise at the point of receipt of the Agents notice to terminate.
18.5 The Agent acknowledges that termination will not affect the Agent's liability or obligations in respect of Instructions effected or performed or processed through the GEGM Internet Insurance Service on the Agent's behalf.
19. Definitions
19.1 Access Device means any computerised electronic device, which allows the Agent to access and use the GEGM Internet Insurance Service.
19.2 "Business Day" means a day (other than Saturdays, Sundays and public holidays) on which GEGM is officially open for business in Kuala Lumpur, Malaysia.
19.3 "Computer System" and system means any computer hardware or software or any equipment operated or process conducted wholly or partially by electronic means and includes information technology systems telecommunications systems automated systems and operations.
19.4 "Corporation" means any partners, sole proprietors, companies, consortiums, business units or other such organisations set up solely for business purposes.
19.5 "Agent" means a person who is Agent of GEGM and to whom an "GEG Link ID" and "GEG Link Password" has been issued by GEGM for the GEGM Internet Insurance Service.
19.6 "E-mail Services" means any service for the reception and transmission of electronic mail including without any limitation, any such service provided by the GEGM Internet Insurance Service for receiving or transmitting electronic mail from the Agent's Access Device to GEGM.
19.7 Instructions means any instructions communications commands directions to GEGM, in electronic or such other form approved by GEGM, pertaining to the Agents specified account(s) and/or relating to the transactions and/or services available via the GEGM Internet Insurance Service which Instructions are initiated and issued through the use of the Agents GEG Link ID and GEG Link Password, whether authorised or unauthorised by the Agent. For the purpose of construing the clauses of these Terms and Conditions which refer to the liabilities and/or responsibilities of GEGM and/or the Agent, Instructions shall also be taken to mean the transactions and/or services the Instructions were issued in relation to.
19.8 "Internet" means the ubiquitous global network of computers, telecommunications and software which facilitates communication, electronic or otherwise, between person(s) and machines.
19.9 "Internet Insurance Service" refers to the "services" as defined in Clause 22.23 of these Terms and Conditions which the Agent may access over the Internet through the use of such Access Devices as may be approved by GEGM from time to time.
19.10 "Internet Service Provider" means any Internet Access Provider (ISP) and/or any other parties that provide Internet access to the Agent.
19.11 "GEGM" means Great Eastern General Insurance (Malaysia) Berhad and shall include its successors and assigns.
19.12 "GEGM Internet User ID" or "GEG Link ID" means the unique name made up of a string of characters extracted from the Agents Agency Account Number to be used by the Agent for access to the GEGM Internet Insurance Service.
19.13 "GEGM Internet Password" or "GEG Link Password" means the unique string of characters chosen by the Agent, which must be keyed in by the Agent in order for GEGM Internet Insurance Service system to authenticate the Agent's GEG Link ID and grant the Agent access to the GEGM Internet Insurance Service.
19.14 GEGM website refers to the GEG Link, GEG-JPJ Link and GEG Corporate website from which the Agent may access and use the GEGM Internet Insurance Service.
19.15 "Relevant Person" means any bank, service providers, internet service providers, digital certificate authority, certification authority, electronic, computer, telecommunications financial or card institution involved in the GEGM Internet Insurance Service from time to time and any person using (whether or not authorised) the GEGM Internet Insurance Service.
19.16 Services means and includes the services listed in Clause 6.1 of these Terms and Conditions and such other additional services GEGM may from time to time make available to the Agent via the GEGM website and includes any operations pertaining to such services.
19.17 "Terminals" means any electronic machines and/or counter which allows access processing and functioning of transactions for the Agent's accounts as maintained with GEGM through the GEGM Internet Insurance Service.
19.18 "Third Party" means any persons or parties apart from GEGM, designated by GEGM to provide and/or process the functioning of the GEGM Internet Insurance Service, whether directly or indirectly, from time to time as deemed necessary.
19.19 Transaction means and includes the transactions listed in Clause 6.1 of these Terms and Conditions and such other additional transactions GEGM may time make available to the Agent from time and includes any operations pertaining to such transactions.
19.20 Words importing only the singular number include the plural number and vice versa and words importing the masculine gender include the feminine and neuter genders and references to any genders include any other gender.
19.21 Words importing a person import also a firm or corporation.
20. Submission to Jurisdiction
20.1 These Terms and Conditions governing the GEGM Internet Insurance Service shall be governed by and construed in accordance with the laws of Malaysia.
21. Agent's Access Device
21.1 The Agent shall ensure that the Access Device used by the Agent in connection with or related to the use or enjoyment of the GEGM Internet Insurance Services and all data which has been stored on or generated by the Access Device of the Agent and received by GEGM and/or to be processed by GEGM's Computer Systems as part of the normal functioning of GEGM's data, software and systems and provision of the the GEGM Internet Insurance Services, shall be Year 2000 Compliant.
22. Notices
22.1 Unless otherwise specifically specified in these Terms and Conditions the Agent hereby consents to all notices and other communications which concern the GEGM Internet Insurance Service or are required under these Terms and Conditions or may be given by GEGM in any one of the following manners:
22.1.1 by broadcasting a notice at GEGM's website;
22.1.2 by being displayed at GEGM's offices and branches and such notification shall be deemed effective upon display;
22.1.3 by way of advertisement made once in any national newspaper in Malaysia and such notification shall be deemed effective on the date of publication of the advertisement in any such newspaper;
22.1.4 by any other mode GEGM deems suitable.
22.2 All notices to GEGM concerning the GEGM Internet Insurance Service and these Terms and Conditions shall be in writing, signed by the Agent and sent to GEGM at the following address or in such other manner as GEGM may notify the Agent from time to time: Great Eastern General Insurance (Malaysia) Berhad (102249-P), Level 18, Menara Great Eastern, 303 Jalan Ampang, 50450 Kuala Lumpur.
23. Waiver
23.1 The Agent agrees the failure of GEGM, whether continuous or otherwise, to exercise any rights, power, privileges, remedies or provisions of these Terms and Conditions or GEGM's failure or delay to insist on compliance with any of the clauses herein shall not constitute a waiver by GEGM of any rights, power, privileges, remedies or provisions of these Terms and Conditions.
24. Severability
24.1 If any of the Terms and Conditions become invalid, illegal, or unenforceable pursuant to any law, then the validity, legality and unenforceability of the remaining provisions shall not in any way be affected or impaired.
25. Dispute and Enquiries
25.1 If the Agent has any enquiries or require any assistance, please call us at +603 4259 7888 or access the "Contact Us" button on our website. In addition, the Agent is advised to review GEGM's Privacy Policy, Security Statement and Client Charter on this website.
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