Terms of Service: Insurance

Last modified: 12 Mar 2020

Important – please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Service (as defined below). You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Service and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service.

The Terms of Service stated herein (collectively, the “Terms of Service”) constitute a legal agreement between you (“you” or the “User”) and GRABINSURE AGENCY (M) SDN BHD. (the “Company”).

By using the Grab mobile application supplied to you by the Company’s affiliate(s) (the “Application”), and downloading, installing or using any associated software supplied by the Company (the “Software”) which overall purpose is to enable persons seeking to establish an account with the Company and use the Services (defined below), you hereby expressly acknowledge and agree to be bound by these Terms of Service, and any future amendments and additions to these Terms of Service as published from time to time at https://www.grab.com or through the Application, and your continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance of the revised Terms of Service.

Consumer advisory – The Company is an insurance agency registered with the General Insurance Association of Malaysia (PIAM). The Company is acting as an insurance agent of licensed insurers which are licensed as an “Insurer” with the Bank Negara Malaysia. (The list of licensed insurers may be found at https://www.bnm.gov.my/).

1. Service Description

 The Company provides Users with information about insurance products and services (“Policy” or “Plan”) distributed by the Company in partnership with licenced insurance companies (the “Insurer”), and the Company itself or an affiliate(s) of the Company facilitates the Users’ application, purchase, and management of these Policies or Plans through the Grab platform(collectively, the “Services”).

2. Use of the Services

In order to use the Services you must be a natural person, and  at least eighteen (18) years of age, or have express parental consent for the use of the Application, Software and the Services.

Your purchase of a Policy or Plan through the Service is subject to the completion of an application and the acceptance thereof by the Insurer.

As a User of the Services, you acknowledge and accept that you may be subject to additional terms and conditions imposed by the Insurer, which may be applicable to the specific Plan or Policy purchased by you.

You acknowledge that the Company does not provide advisory services, reviews or recommendations in relation to the Policies or Plans you purchase through the Services.

In carrying out the Services, you allow the Company to:

  • Request any and all information relevant to the Policy or Plan applied for through the Services;
  • Share the information you provide to the Insurers for the purposes of providing the Services;
  • Use the information you provide to the Company to optimize its offering of the Services to you; and
  • Manage your Policy or Plan in accordance with the Services.

The Company may terminate, suspend, or change its offering of the Services, distribution of the Policies or Plans, or the Insurers at its discretion. In the event of any changes or termination, the Company will notify you via the Application, by electronic mail to your email address according to the Company’s records, or by any other means in accordance to these Terms of Service.

3. Establishing Your Identity 

In your use of the Services, the Company may be required to establish and verify your identity, or the identity of the beneficial owner of the Services pursuant to applicable laws, regulations, notices and guidelines. The Company may therefore require you to provide your identification documents or collect your personal information for this purpose. 

You hereby acknowledge that the Company may collect such data on request, and use such data provided for the purposes of establishing your identity and implementing an ongoing monitoring program to ensure the adherence of the Company and the user to the applicable laws, regulations, notices and guidelines, together with sharing such data internally with its affiliates and with third-party service providers or Insurers (both in Singapore and overseas), and such other government or regulatory authority as the Company may deem appropriate or as may be required under any applicable laws, regulations, notices and guidelines. 

The Company reserves the right to refuse the provision of the Services to any person who fails to or refuses to comply with any request for identification for the use of the Services.

 

4. Disclaimer of Warranties

The Application, Software and Services are provided on an “as-is” and “as-available” basis. 

To the fullest extent permitted by applicable law, the Company makes no representations or warranties of any kind on: 

  • The use of the Service, the Application and/or the Software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; 
  • The Service will meet your requirements or expectations; 
  • Any stored data will be accurate or reliable; 
  • The quality of any products, services, information, rewards or another material purchased or obtained by you through the Application will meet your requirements or expectations; 
  • Errors or defects in the Application and/or the Software will be corrected; or 
  • The Application or the Server that make the application available are free of viruses or other harmful components. 

All conditions, representations and warranties, whether express, implied, statutory or other, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are here excluded and disclaimed to the highest and maximum extent allowed under Singapore law. 

The Service, the Application and/or the Software may be subject to limitations, delays and other problems inherent in the use the internet and electronic communications including the device used by you or other users being faulty, not connected, out of range of mobile signals or functioning incorrectly. The Company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

 

5. Insurer’s Content and Services 

During use of the Service, you may enter into correspondence with, purchase Plans or Policies, or participate in promotions of Insurers, advertisers or sponsors showing their goods and/or services through the Service, the Software and/or the Application.

Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable Insurer or third-party and the Company and its affiliates and licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion. 

The Company does not endorse any applications or sites on the internet that are linked through the Service, the Application and/or the Software.  Your use of those third party sites are subject to the terms and privacy policies of each site and in no event shall  the Company, its licensors or affiliates be responsible for any content, products, services or other materials on or available from such sites or third-party providers. 

The Company provides the Service to you pursuant to these Terms of Service, Privacy Policy and, where relevant, other Grab Terms and Policies at https://www.grab.com. You recognize, that certain Insurers, Plans or Policies distributed through the Services may require your agreement to additional or different terms of use or service prior to your use of or access to such Plans or Policies. The Company is not a party to, and disclaims any and all responsibility and/or liability arising from, such agreements made between you and the Insurers.

6. Intellectual Property 

The Company and its affiliates, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. 

The Company, its affiliates and its licensors, including GrabTaxi Holdings Pte. Ltd.,  hereby grant you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Services, Application and/or the Software, subject to the Terms of Service herein. All rights not expressly granted to you are reserved by the Company and its licensors. 

These Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. 

The Company’s name, the Company’s logo, the Service, the Software and/or the Application and the Insurers’ logos and product names associated with the Software and/or the Application are trademarks of the Company and/or its affiliates or third parties, and no right or license is granted to use them. 

For the avoidance of doubt, the term the “Software” and the “Application” herein shall include its respective components, processes and design in its entirety. You hereby agree that you shall not: 

  • license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; 
  • modify or make derivative works based on the Application and/or the Software; 
  • create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; 
  • reverse engineer or access the Software in order to build a competitive product or service, build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or copy any ideas, features, functions or graphics of the Application and/or the Software; 
  • launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software; 
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; 
  • post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or 
  • remove any copyright, trademark or other proprietary rights notices contained in the Service. 

You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: 

  • send spam or otherwise duplicative or unsolicited messages; 
  • send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; 
  • send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; 
  • attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; 
  • impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or 
  • engage in any conduct that could possibly damage the Company’s reputation or amount to being disreputable. 

7. Personal Data Protection 

You agree and consent to the Company collecting, using, disclosing and processing your Personal Data in accordance with the Grab Privacy Policy. Our Personal Data Protection Officer may be contacted at dataprotection@grab.com.

8. Exclusion and Limitation of Liability 

To the fullest extent permitted by law, the Company shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether direct or consequential), suffered or sustained by you arising from or in connection with your use of the Services, the Application and/or the Software.  In no event shall the Company be liable for any act, omission or negligence of the Insurers for the Plans or Policies distributed through the Services.

9. Indemnification

By agreeing to the Terms of Service upon using the Service, 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: 

  • your use of the Service, the Software and/or the Application in your dealings with the Insurers. third party providers,advertisers and/or sponsors; 
  • your violation or breach of any of the Terms of Service or any applicable law or regulation, whether or not referenced herein; 
  • your violation of any rights of any third party; 
  • your misuse of the Service, the Software and/or the Application; and/or 
  • your breach of any of the Insurers’ terms and conditions

10. Termination

The Company may terminate the Services with immediate effect in the event that you are found to be in breach of any of the provisions in these Terms of Service.  For the avoidance of doubt, nay terminate of these Terms of Service shall not require the Company to compensate, reimburse, or cover any costs incurred by you in the course of your use of the Services.

11. Assignment

This Agreement as constituted by these Terms of Service as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company.  Any purported assignment by you in violation of this section shall be void.

12. Waiver of Rights

No failure or delay by either Party in exercising any right, power or privilege granted under these Terms of Service shall operate as a waiver thereof. No single or partial exercise of any such right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege under these Terms of Service or applicable law. 

No remedy conferred by any provision of this Terms of Service is intended to be exclusive of any other remedy which is otherwise available at law or in equity, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise.  The election of any one or more of such remedies by a Party shall not constitute a waiver by such Party of the right to pursue any other available remedies.

13. Modifications to Terms

The Company reserves the right to modify, vary and change the Terms of Service or its policies relating to the Services as it deems fit. Your continued use of the Service shall constitute your acknowledgement and acceptance of such modification, variation and/or change.

14. Notices

The Company may give notice by means of a general notice on the Application or at https://www.grab.com, or by electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by registered mail or pre-paid post) or one (1) hour after sending (if sent by email). 

You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

15. Governing Law and Jurisdiction

This Agreement shall be governed by Malaysia law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Service or the Service shall be referred to the Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and the Company (the “Arbitrator”). If you and the Company are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and 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.

16. Customer Support

Users are invited to contact the Company in the first instance in the event they wish to provide feedback on the use of the Service either via the following Customer Service line: Tel: 1300 80 5858. 

You agree to raise any reports on incorrect Service within seven (7) days of you becoming aware of the fraudulent usage of the Services in your name, whichever is earlier.

17. General

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of the Terms of Service or use of the Service. 

If any provision of the Terms of Service 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 Terms of Service comprises 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.