Terms of Use

1.GENERAL

Please read these Terms of Use carefully.

By accessing, using, viewing, downloading content from or browsing any of the websites (each a “Site") operated by or for and on behalf of China Life Insurance (Singapore) Pte. Ltd. (“CLIS”, “we”, “us” or “our”), you conclude a legally binding agreement with us and you accept without limitation or qualification the following Terms of Use of this Site, including the choice of law and jurisdiction clause set out in section 11.

If you are not prepared to accept these Terms of Use, or if you are not authorised to do so, please cease using the Site or proceed from this page onwards.

Changes in the Terms of Use

These Terms of Use were last updated on 18 July 2019.

We reserve the right to modify these Terms of Use at any time at our sole discretion and such modifications shall be effective immediately upon posting of the modified Terms of Use. If you do not agree to any modification of these provisions, you must immediately stop using the Site.

Using the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on specific pages of the Site.

You should regularly visit these Terms of Use from time to time to review the current terms because they shall be equally binding on you.

The obligations created by these terms may be changed by us, at our sole and absolute discretion.

2. TERMS OF USE

Service Eligibility

You represent and warrant that you:

(a) have not been previously been suspended or removed from using CLIS–related services; and

(b) have full power and authority to accept these Terms of Use and in doing so will not violate any other agreement to which you are a party.

You shall be responsible for obtaining all equipment and software necessary to connect to the Site, including but not limited to, if our service contains a mobile element, a mobile handset or other mobile access device that is in working order and suitable for using the Site and any part thereof. In addition, you shall be responsible for all communication service fees and charges incurred.

Intellectual Property Rights

All material available on the Sites (the "Content"), including but not limited to information, communications, software, images and sounds contained on or available through the Site, belongs to us or our licensors.

We or our licensors own all intellectual property rights (including copyright, trademark and other forms of intellectual property or proprietary rights) in the Content and any selection or arrangement of the Content. All rights are reserved. You may retrieve and display Content on a computer screen or mobile device, print individual pages on paper and store such pages in electronic form on disk or on your mobile device for your personal, non-commercial use.

You may not use the Content in any manner not expressly set out above. Without limitation, you may not do (nor permit any third party to do) any of the following without our prior written consent:

(a) reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the Content; or

(b) redistribute or transfer any of the Content, (including by using it as part of any syndication, content aggregation, archive or similar service); or

(c) remove the copyright or trade mark notice from any copies of the Content made under these Terms of Use; or

(d) create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content; or

(e) deep link to, frame, spider, harvest or scrape the Content or otherwise access the Content for similar purposes; or

(f) use any machine, electronic, web based or similar device to read or extract the Content by automated or machine based means; or

(g) modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate the Site or create derivative works based on the Site. For the purposes of these Terms of Use, "reverse engineering" shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Site’s underlying technology.

You acknowledge that all service or trade marks, trade names and logo published on the Site belong to us and that you may not use them without written permission from us.

Your access to or use of the Site should not be construed as being granted, by implication, estoppel or otherwise, any license or right to use the trade marks, trade names, logos or service marks appearing on the Site without our prior written consent.

Hyperlinking

If you would like to link to the Site, please read and comply with the following guidelines and all applicable laws. A site or service that links to the Site:

(a) must not otherwise use any our trade mark, trade names and logo without prior written permission from us;

(b) may link only to the homepage of the Site unless we have otherwise given prior written permission;

(c) must not in any way imply that we are endorsing it or its products or services;

(d) must not misrepresent its relationship with us or present false information about us;

(e) must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations; and

(f) must not be a site or service that contains content that could be construed as distasteful or offensive.

We expressly reserve the right to require that any link in breach of these Terms of Use be removed (and you agree to remove any such link immediately upon request) and to take whatever other action we deem appropriate.

3. INFORMATION PROVIDED BY YOU

You undertake that any information or data you supply to the Site:

(a) shall not be false, inaccurate or misleading;

(b) shall not be fraudulent or involve the representation of counterfeit or stolen items;

(c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy;

(d) shall not violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

(e) shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;

(f) shall not be obscene or contain pornography;

(g) shall not contain any viruses or other computer programming routines that may or will damage, detrimentally interfere with, intercept or expropriate any system, data or personal information;

(h) shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service providers or other suppliers;

(i)shall not cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to us or any of our customers or users of the Site by any means; or

(j) shall not be such as to cause us to violate any applicable law, statute, ordinance or regulation or bring us into disrepute with any professional body, trade organisation, government department or inter-governmental organisation.

If you disclose any information for the purposes of engaging our services, including procuring an insurance policy contract, such information provided shall not constitute the disclosure of information necessary for the purposes of an insurance policy contract between us and you, and you will still be required to provide such information in the respective forms for the procurement of the insurance policy contract, unless it is otherwise stated in the Site.

You understand and agree that the internet, including electronic webmail, is not a secure medium. If you provide any information to us via the Site, by electronic webmail or otherwise, all such information shall be considered non-confidential, unless agreed otherwise in a separate contact between you and us or required by law. In sending us any information, you automatically grant, and you represent and warrant that you have the right to grant and hereby grant, to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, create derivative works from, distribute, translate, transmit, broadcast, and otherwise communicate, and publicly display and the information and derivative works thereof in any form, anywhere, and to grant and authorise sub-licenses through multiple tiers of the foregoing with or without attribution to you, and without any notice or compensation to you of any kind. You also understand and agree that we, in our sole discretion, may delete any such information for any reason. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

4. CONTENT AND THIRD PARTY SITES

The information and data available on the Site presented in text, graphics or whatever form, may include inaccuracies or errors and we reserve the right to periodically make changes to the information or data on the Site.

The Site contains links to other internet websites provided by independent third parties ("Third Party websites"). We are not responsible for the availability or content of Third Party websites and will not be a party to, or in any way responsible for any information or data provided, or transaction concerning goods or services available from such Third Party websites. If you rely on any information or data, or purchase products or services from a Third Party website, your contract for such products or services will be with the third party and not with us. Our Personal Data Protection Policy does not apply to Third Party websites, so it is recommended that you refer to the privacy policies in such Third Party websites that may apply to you.

5. DISCLAIMER AND LIMITATION OF LIABILITY

The Content is only for your information and use, and is not intended to address your particular requirements. In particular, the Content does not constitute any form of advice, recommendation, representation, endorsement or arrangement by us and is not, intended to be relied upon by you in making (or refraining from making) any specific commercial or other decisions. Any agreements, transactions or other arrangements made in reliance on any information or data presented in the Site is at your sole risk and responsibility. We are not responsible for any use of the Content by you outside its scope as stated in these Terms of Use.

You assume full responsibility and risk for your use of the Site. While we use reasonable efforts to include accurate and up to date information in the Site, the Site is published "as is" and "as available" without any warranties or representations as to the information, content or materials contained in it. We assume no liability or responsibility for any errors or omissions in the content of the Site. You expressly agree that your use of browsing in and reliance on any information contained in the Site is at your own risk and imposes no obligation or other liability on us.

In the event that any provision of this Terms of Use or the application thereof shall be invalid or unenforceable to any extent, such provision shall be enforced to the maximum extent permissible and the remaining portions of these Terms of Use shall remain in full force and effect. Any invalid or unenforceable provision of these Terms of Use shall be replaced with a provision which is valid and enforceable and most nearly reflects the original intent of the invalid or unenforceable provision.

CLIS, our affiliates and their respective officers, directors, employees, representatives and agents, or any other party involved in creating, producing, or delivering the Site shall NOT be liable for any direct, incidental, consequential, indirect, or punitive damages, including without limitation loss of profit, loss of revenue, loss of goodwill, loss of management time, third party liability, business interruption, loss of use of any tangible or intangible asset including data recorded on any computer or other machine, or loss of any anticipated benefit arising out of your access to, or use of, the Site, save in the case of fraudulent misrepresentation.

Without limiting the foregoing, everything on the Site is provided without warranty of any kind, whether expressed or implied. For avoidance of doubt, we make no warranty that (i) the Site will meet your requirements or will always be accessible, (ii) the Site will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code, (iii) the results that may be obtained from the use of the Site will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, and (v) any errors in the Site will be corrected.

To the greatest extent permitted by applicable laws, under no circumstances, except as expressly set forth in these Terms of Use , shall we be liable to you on account of any claim (regardless of whether liability is based upon contract, warranty, negligence or other tort, breach of any statutory duty, indemnity, or otherwise) for any special, consequential, reliance, indirect, incidental, punitive or exemplary damages, whether foreseeable or not, including but not limited to lost profits, revenue, or goodwill occasioned by any defect in the Site, or any other cause whatsoever with respect to the Site or these Terms of Use, damage or loss of property, equipment, information or data, or for any damages or sums paid by you, even if we have been advised or are aware of the possibility of such damages.

We use reasonable endeavours to protect the Site from viruses but assume no responsibility, and shall not be liable for, any damage to, or viruses that may infect, your computer equipment or other property, including data, on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. We do not warrant that the Site, its servers or any email sent on its behalf are free from viruses or other harmful components.You are recommended to take all appropriate safeguards before downloading information from the Site.

Although reasonable endeavours are used to maintain the Site, we shall not be liable for any losses caused by data or information leakage, failure or stoppage of the Site for any reason, including without limitation virus contamination, deliberate damage by hackers, failure of hardware software or systems, power failure, failure of telecommunications lines or any criminal activity of a third party, or any matter beyond our control.

6. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless CLIS, our affiliates and their respective officers, directors, employees, representatives and agents, from and against any and all liabilities, claims and expenses, including without limitation legal and accounting fees (on a full indemnity basis), that directly or indirectly arise from or in connection with but not limited to, your acts, omissions and errors and wilful negligence, your breach of these Terms of Use, access to and use of the Site or any service provided in the Site. These obligations will survive any termination of your relationship with us or your use of the Site. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

7. PRIVACY

When you access the Site, we may collect the following information:

(a) anonymous web statistics collected as you browse the Site; and

(b) personal information you knowingly provide us.

Some Sites may require you to provide us with your personal information. We may use your personal information for the purposes of planning, research, marketing, rendering assistance to governmental or regulatory authorities, law enforcement agencies, or otherwise complying with any applicable laws or order of court.

For the purposes of these Terms of Use, “personal information” shall refer to any and all information that may be used to identify you, including but not limited to your name, contact number, residential address and email address, that have been provided by you through the use of the Site.

8. USE OF COOKIES

A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit the Site, a computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies.

We reserve the right to use cookies so that we may track your preferences and usage patterns to allow for improvements to the Site and also for planning, product development, marketing and research purposes including improvements and enhancements in our service to you. We may also collect IP addresses to help us diagnose problems.

9. PERSONAL DATA PROTECTION POLICY

You may refer to our Personal Data Protection Notice for more information on the collection, use, disclosure and protection of your Personal Data as well as information on how to access and change your personal information and/or marketing consents.

10. DISTRIBUTORS AND THEIR REPRESENTATIVES

This section shall apply only to our authorised distributors (“Distributor”) and their representatives (“Distributor Representative”), who have access to and use of our Secured Site. For the purposes of these Terms of Use, “Secured Site” shall mean the secured sections of the Site which can only be assessed by you with a unique login ID, password and a one-time PIN.

Security

In order for you to access the Secured Site, we may send you a unique login ID and password by post or electronically after you have registered with us. You are encouraged to change your password thereafter for security purposes. A one-time PIN shall also be sent via SMS to your registered mobile phone each time you attempt to access the Secured Site. You shall maintain and promptly update your personal information through the Secured Site to keep it true, accurate, current and complete at all times. We reserve the right to suspend or terminate your access to the Secured Site where any part of your personal information is untrue, inaccurate, not current or incomplete or if there are reasonable grounds for suspecting that such is the case.

You may from time to time be permitted to change your login ID and/or password on the Secured Site as permitted by us from time to time. However, until the change is effected, you shall be liable for all transactions carried out by the use of your login ID or password on the Secured Site.

You shall not disclose to any person your password and shall not permit or authorise any person to use your login ID or password for any purpose whatsoever. We reserve the right to treat any access to or use of the Secured Site at any time by the use of your login ID and password as access to or use of the Secured Site by you, notwithstanding that it may have been used by any other person without your knowledge or authority. For avoidance of doubt, we are entitled to accept instructions or transaction made under your login ID and password as valid and binding without the need for further inquiry or investigation even if you can prove that the instructions were not sent by you or sent without your authority. Our records of the transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes.

You agree that we are not liable for any damage or loss resulting from any breach of security arising from your failure to keep confidential your login ID or password and you shall defend, indemnify and hold us harmless against all liability, loss, damage or costs and expenses arising or resulting from such access or use of the Secured Site.

Upon having knowledge or any reason for suspecting that a third party has obtained your login ID and/or password or has used your login ID and/or password to access or use the Secured Site or effect any transaction (whether with or without your knowledge and consent), you shall:

(a) notify us in writing as soon as possible;

(b) make a police report upon our request;

(c) provide us with any other information relating thereto as we may reasonably require; and

(d) immediately change your password.

Personal Information of Customers

You hereby represent, undertake and warrant to us that:

(a) you shall have obtained all appropriate consent from the individuals (“customers”), prior to disclosing their personal information to us, to:

• (i) permit you to collect use and/or disclose the customer’s personal information to us for the purpose of issuance and administration of the customer’s insurance policy(ies) or such other policy(ies) and/or account(s) with us, including but not limited to the processing of the customer’s personal information for underwriting purposes, payment of premiums and/or claims purposes, and for statistical, compliance, audit and regulatory purposes;
•  
• (ii) permit us and our group of companies (in Singapore and/or elsewhere) to collect, use, disclose and/or process the customer’s personal information to us for the purpose of issuance and administration of the customer’s insurance policy(ies) or such other policy(ies) and/or account(s) with us, including but not limited to the processing of the customer’s personal information for underwriting purposes, payment of premiums and/or claims purposes, and for statistical, compliance, audit and regulatory purposes; and
•  
• (iii) permit us to disclose the customer’s personal information to our group of companies, third party service providers, suppliers and/or reinsurers, whether located in Singapore and/or elsewhere;

(b) any and all personal information of customers disclosed to us are true, accurate and complete to the best of your knowledge, and you shall give us notice in writing as soon as possible should you become aware that any such personal information is incorrect, has been updated or changed after such disclosure;

(c) you shall inform us in writing as soon as possible upon having knowledge or becoming aware that any customer or individual has withdrawn such consent as set out above; and

(d) you shall assist and render all reasonable co-operation to us to comply with any applicable law or regulation governing the collection, use, disclosure and protection of personal information in respect of all personal information provided by or accessed by you through the Secured Site.

You agree that you shall defend, indemnify and hold us harmless against all liability, loss, damage or costs and expenses arising or resulting from any matter or event whatsoever arising out of or in relating with the provision of personal information by you to us.

Termination of Access to Secured Site

You agree and undertake that you shall not access the secured Site if you are no longer a Distributor or a Distributor Representative, even if your access rights have not yet been terminated by us. You (the Distributor and the Distributor Representative) further undertake to inform us in writing immediately once any Distributor Representative ceases to be a Distributor Representative.

You (the Distributor and the Distributor Representative) agree to defend, indemnify, and hold harmless CLIS, our affiliates and their respective officers, directors, employees, representatives and agents, from and against any and all liabilities, claims and expenses, including without limitation legal and accounting fees (on a full indemnity basis), that directly or indirectly arise from or in connection with but not limited to, your unauthorised use or access to the Secured Site.

We reserve the right to terminate your access to the Secured Site at any time and at our sole and absolute discretion.

11. CHOICE OF LAW AND JURISDICTION

These Terms of Use shall be governed by, and construed in accordance with, the laws of Singapore.

To the extent possible in the applicable jurisdiction, the parties irrevocably agree that the courts of Singapore shall (subject to the paragraph below) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms of Use, and for those purposes irrevocably submit all disputes to the jurisdiction of the courts of Singapore.

For the exclusive benefit of CLIS and to the extent possible in the applicable jurisdiction, we shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms of Use are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms of Use or (if different) the country of your principal place of business.

12. OTHER GENERAL TERMS

You may not assign, sub-license or otherwise transfer any of your rights under these Terms of Use.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Use. Our obligations are subject to existing laws and legal process and we may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.

The Contracts (Rights of Third Parties) Act (Cap 53B) shall not apply to these Terms of Use.

Failure by us to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy.

Headings in these Terms of Use are for convenience only and will have no legal meaning or effect.