1.1. These terms and conditions (“Terms”) govern your use and access of our website at https://business.shentonbrokers.sg, applications (mobile, web-based or otherwise) and services (collectively, the “Platform”). If you do not accept any of these Terms, please do not use the Platform. Your access and/or use of the Platform shall be deemed to be an acceptance of these Terms.
1.2. In these Terms, “Shenton Insurance Brokers”, ”we”, “us” and “our” refer to Shenton Insurance Brokers Pte. Ltd. (a company incorporated in Singapore, and operating at 3 Shenton Way, #17-05 Shenton House, Singapore 068805). “You” and “your” refer to any person who (a) has registered for an account on the Platform; and / or (b) accesses or uses the Platform without registering for an account.
1.3. We may revise these Terms at any time without notice to you. You should visit this page from time to time and review the Terms.
1.4. We may modify or discontinue any information or features that form part of the Platform at any time, without notice to you, and without liability. We may also, in our absolute discretion, cease to operate the Platform at any time, but if you are registered with us, we will give you advance notice of such intention.
1.5. These Terms will also apply to any updates or upgrades provided by us that replace and/or supplement our Platform, unless such updates or upgrades are accompanied by separate terms in which case those separate terms shall apply.
1.6. From time to time, we may offer specific or new products and / or services on the Platform. Additional or separate guidelines, rules, terms and conditions (“Requirements”) may apply to these specific or new product and/or services. You will need to accept / comply with those Requirements to enjoy the specific or new products and / or services. The Requirements are incorporated by reference into these Terms.
1.7. We also may from time to time publish additional guidelines, rules, and conditions applicable to your use of the Platform. You agree to comply with these additional guidelines, rules and conditions, which are incorporated by reference into these Terms.
2. ACCOUNT REGISTRATION
2.1. You may be required to apply and register for an account before you are entitled to access and use certain services on our Platform.
2.2. In registering an account with us, you represent and warrant that:
2.2.1. all registration information provided by you is and will continue at all times to be true, accurate, current and completed to the best of your knowledge and belief;
2.2.2. you will promptly update changes to your registration details;
2.2.3. you are of legal age and have the required mental and legal capacity in accordance with the applicable laws of Singapore to enter into these Terms and use the Platform; and
2.2.4. you are not listed on the Monetary Authority of Singapore’s Lists of Designated Individuals and Entities, as updated from time to time.
2.3. We reserve the right to reject your application for an account and at any time, suspend or terminate your account.
2.4. Upon successful registration of your account, you, as the account holder:
2.4.1. agree to keep your account ID and password confidential and shall not allow other people to use the account; and
2.4.2. shall notify us immediately if you have any reason to believe that the security of your account has been compromised.
2.5. You are solely responsible for any and all activities that occur under your account. We are entitled to treat all activities that occur under your account as having been conducted with your knowledge and authority. For the avoidance of doubt, in cases where you have allowed any other person to use your account or have negligently or otherwise made your account ID and / or password publicly available, you agree that you are fully responsible for:
2.5.1. the online conduct of such user;
2.5.2. controlling the user’s access to and use of the Platform; and
2.5.3. the consequences of any use or misuse.
2.6. You acknowledge and agree that we may access your account and its contents as necessary for purposes including but not limited to identifying or resolving technical problems or responding to complaints without prior notice to you.
3.1. We may, if required or in accordance with applicable laws, check and verify the information that you have provided to us. You agree to cooperate and extend to us any assistance that we may require for such checks and verification. Notwithstanding any verification that we may conduct pursuant to these Terms, such verification does not constitute any endorsement, guarantee or certification on our part that any registered user on our Platform is safe, trustworthy and / or reliable.
4. ACCESS TO THE PLATFORM
4.1. We do not guarantee that the Platform will:
4.1.1. We may, if required or in accordance with applicable laws, check and verify the information that you have provided to us. You agree to cooperate and extend to us any assistance that we may require for such checks and verification. Notwithstanding any verification that we may conduct pursuant to these Terms, such verification does not constitute any endorsement, guarantee or certification on our part that any registered user on our Platform is safe, trustworthy and / or reliable.
4.1.2. be continuously available or uninterrupted in operation;
4.1.3. not be susceptible to any cybersecurity breach or cannot be compromised and / or free of any data breach (inadvertently or intentionally through interference or interception by third parties);
4.1.4. be free of bugs or other harmful codes and components not specifically mentioned herein; or
4.1.5. will contain information that is always timely and accurate, sometimes inaccuracies may occur.
4.2. We do not endorse, and are not associated with any product, services or organisations that may be mentioned or referred to on the Platform.
4.3. We have no obligation to provide any maintenance, support or other services in relation to the Platform, including providing any telephone assistance, documentation, error corrections, updates, upgrades, bug fixes, patches, and / or enhancements. However, if we do provide any updates, upgrade, bug fixes and / or patches, and / or enhancements in respect of the Platform, you shall install them and keep your installation of the Platform updated to the most recent release or version made available by us.
4.4. Your access to and / or use of the Platform may also be interrupted, suspended or restricted when we provide any maintenance, support or other services in relation to the Platform.
5. LICENSE AND ACCESS
5.1. Your use of the Platform is subjected to your compliance with these Terms. Where we provide you with programs and software, you are granted a limited, royalty-free, non-exclusive, personal, revocable and non-transferable, license and right to download and use them for your own personal, non-commercial purposes. Our programs and software are licensed, not sold, to you, and you may only use them as permitted by these Terms. This license does not transfer any title in Platform to you. We retain all rights in Platform and reserve all rights not expressly granted to you.
5.2. Our Platform and its contents (including trademarks, source codes, pages, documents and online graphics, audios and videos), and all proprietary and intellectual property rights associated therewith, whether registered or not, are protected by law and owned by or licensed to us. You acknowledge that you have no right, title, interest in and to the Platform and you agree not to challenge the validity of our ownership of or rights to the Platform. You shall not reproduce, republish, distribute or otherwise exploit any content of the Platform in any way without our prior express consent, which may be withheld for any or no reason.
5.3. In order for us to provide you with the facilities and functionalities offered by the Platform, you hereby grant us a non-exclusive, transferable, irrevocable, sub-licensable, royalty-free, worldwide license to use, reproduce, distribute, create derivative works of, display and perform any information that you upload, submit, store, send or receive through the Platform for our business and operational purposes (including to transmit communications and store undelivered communications on our servers).
6. TRANSACTIONS THROUGH USE OF THE PLATFORM
6.1. The Platform allows you to purchase insurance from third party companies (each a “Transaction”). You hereby acknowledge and agree that:
6.1.1. we do not own or control the product or service offerings from such third party companies. Any fulfilment of your Transaction shall be subject to such third party companies’ approval and their terms & conditions would govern the contract of insurance;
6.1.2. no contract of insurance is formed upon the fulfilment of your Transaction with us (including the payment of funds for the Transaction). The contract of insurance is formed only upon the approval of the Transaction by such third party companies; and
6.1.3. in the event that we are in receipt of your funds for such Transactions, and your Transaction was rejected or not fulfilled by the third party companies for any reason whatsoever, your sole and exclusive remedy would be for us to refund your funds to you in accordance with Clause 13 below
6.2. You acknowledge and agreed that we are not responsible for:
6.2.1. any late, wrongful or non-performance of a Transaction by such third party companies;
6.2.2. any losses arising from any error in the particulars furnished to such third party companies not caused by us; and / or
6.2.3. non-fulfilment of such Transactions as may be requested by you of such third party companies.
6.3. You shall:
6.3.1. honour all Transactions that you enter into and ensure timely performance of your obligations in relation to a Transaction; and
6.3.2. have all necessary licenses, rights, title and authorisations for the Transactions you enter into, and shall produce such licenses and / or approvals for our verification upon our request.
7. YOUR OBLIGATIONS
7.1. You represent, undertake and warrant that you will:
7.1.1. provide us with all necessary information and / or produce all necessary documents as may be required by us in order to provide you with products and services you need on the Platform. Where supporting documents are required, you should ensure that all information submitted through the Platform is consistent with the supporting documents;
7.1.2. comply with all applicable laws and regulations with respect to your activities in connection with the Platform; and
7.1.3. comply with all applicable security or encryption standards, rules, procedures and guidelines.
8. USAGE RESTRICTIONS
8.1. You will not, and will not permit any other party to:
8.1.1. modify, adapt, improve, enhance, alter, translate or create derivative works of the Platform;
8.1.2. reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Platform, or decrypt the Platform;
8.1.3. use or merge the Platform, or any component or element thereof, with other software, databases or services not provided or authorised by the Platform;
8.1.4. create a database by downloading and storing the contents of the Platform;
8.1.5. interfere or attempt to interfere with services we provide on our Platform (“denial of service attacks“) including, but not limited to, “flooding” of networks, deliberate attempts to overload a service, attempts to “crash” us and taking any action that imposes an unreasonable or disproportionately large load on the services provided by us or the associated infrastructure;
8.1.6. circumvent, or attempt to circumvent, user authentication or security measures (“cracking”) of any Internet or intranet site or any of the accounts of any other person using the Platform, including but not limited to, accessing data and / or information not intended for you, logging into an account you are not expressly authorised to access or in a manner which is not authorised by us;
8.1.7. circumvent, or attempt to circumvent, any protection measures (electronic or otherwise) in place to regulate or control access to the Platform, including without limitation through the use of a virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising your IP address or location;
8.1.8. use any kind of program / script / command / application, or send messages of any kind, designed to, in any manner interfere with any user’s terminal session;
8.1.9. upload files that are corrupted, contain viruses, bugs or any other similar software, code, component or programs which may damage the Platform or cause interference to the services provided by us;
8.1.10. use any robot, spider, site search / retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine”, “crawl” or in any way gather the Platform or reproduce or circumvent the navigational structure or presentation of our Platform without our express prior written consent;
8.1.11. violate any applicable laws, rules or regulations in connection with your access or use of our Platform;
8.1.12. use our Platform to engage in fraudulent, illegal or suspicious activities and / or transactions, includin fraud, money laundering and financing terrorism;
8.1.13. develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Platform;
8.1.14. remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Platform;
8.1.15. use our Platform for any commercial purposes;
8.1.16. cache frame or link to the Platform without our prior written consent;
8.1.17. sublicense, distribute, sell or otherwise transfer out Platform to any third party;
8.1.18. use our Platform as a service bureau, or lease, rent or loan our applications to any third party;
8.1.19. interfere in any manner with the operation of the Platform; and
8.1.20. engage in any other conduct that is detrimental to Shenton Insurance Brokers or any third party, or cause injury to, or attempt to harm Shenton Insurance Brokers or any third party.
9. INFORMATION AND CONTENTS ON THE PLATFORM
9.1. Shenton Insurance Brokers is not responsible and disclaim all liability for the Platform and / or products and services provided by third parties. We do not warrant or represent the truth or accuracy of any information or contents provided to us by third parties.
9.2. Our Platform may not cover all information available on a particular issue. You understand, and agree, that all information, contents, and other material displayed on the Platform are for general informational purposes and it is not to be regarded as substitute for professional, legal, or financial advice. In particular, you must not treat the Platform as an insurance advisory service.
10. THIRD PARTY SERVICES AND MARKETING
10.1. The Platform may contain information concerning third parties and provide functionalities and services to allow you to access, use, interface and / or interact with third party products and services. The use of such third party products and services will be subject to separate terms as may be agreed between you and such third parties. We do not monitor, control or endorse these third parties, their products, services, websites or applications. We are also not responsible and disclaim all liability for any act or omission of these third parties, or any dealings between you and these third parties, whether or not such dealings have been facilitated or conducted on or through the Platform.
10.2. We may place advertisements such as banners, java applets and / or such other materials for the purposes of advertising product and / or services (“Advertisements”) in different locations on the Platform and at different points during your use of the Platform. These locations and points may change from time to time. You will not be entitled to receive any payment, fee and/or commission in respect of the Advertisements.
11. LINKS FROM THE PLATFORM TO OTHER APPLICATIONS AND / OR WEBSITES
11.1. Our Platform may contain hyperlinks which are not maintained by us. Use and / or access to the hyperlinks, hyperlinked applications and / or websites (including third party insurance companies) are entirely at your own risk. Any involvement and any dealings between you and such third party are for your own account, and entirely at your own risk.
11.2. All hyperlinks to other applications and / or websites are provided to you for convenience only. We do not, in any circumstances approve, endorse or accept any responsibility for any hyperlinked applications and/or websites or any hyperlink contained in a hyperlinked application and / or website.
12. LINKS TO THE PLATFORM FROM OTHER WEBSITES
12.1. You may no cache, frame or link to the Platform without our prior written consent, which may be subjected to conditions.
12.2. We reserve the right to change the URL(s) of the Platform without prior notice to you.
13.1. We reserve the right to charge for services, and use of features and functionalities within the Platform from time to time.
13.2. If you are making payment to us for such Transactions conducted on the Platform, you shall do so in accordance with the payment methods as specified on the Platform.
13.3. We may use third party services to verify, secure and / or process your payment. The third party services may charge a fee for processing payments related to your Transactions on the Platform.
13.4. Without prejudice to the other provisions of the Terms, we shall not be responsible for any malfunction in any computer system, software or any Internet access service provider that may affect the accuracy or timeliness of the online transmission of payment instructions. We shall not be responsible if any information provided is inaccurate, if payment instructions are not given sufficiently in advance to allow for timely payment, or if payment instructions cannot be carried out for any reason beyond our control.
13.5. Where you are entitled to any refunds under these Terms, such refunds will be paid to you and you will comply with our instructions to receive such refunds. We shall not be liable for any errors in processing the refunds to you (e.g. depositing the refunded monies to the wrong account).
14. SECURITY AND RISKS
14.1. Where appropriate, we use available technologies to protect the security of our Platform. To the maximum extent permitted under applicable laws, we do not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through our Platform.
14.2. Internet transactions and communications may be susceptible to interference or interception by third parties. You acknowledge that there are inherent risks (including risks related to security, authenticity, integrity and confidentiality) in such activities over electronic networks. We expressly disclaim any liability for such risks, which you agree to assume. We make no warranties that our Platform is free of infection by computer viruses or other unauthorised software.
15. GENERAL DISCLAIMERS AND LIMITATION OF LIABILITY
15.1. Our Platform is provided “as is” and “as available” with no warranties whatsoever. To the maximum extent permitted under applicable laws, we make no guarantee, representation or warranty:
15.1.1. regarding the timeliness, reliability, accuracy, completeness, accessibility, quality, fitness for a particular purpose, operation or usefulness of any portion of the Platform;
15.1.2. regarding the availability or appropriateness of the Platform;
15.1.3. that the Platform or your use of the Platform will not infringe the intellectual property or other proprietary rights of any third party;
15.1.4. that the Platform will be error-free, continuously available or uninterrupted in operation, or free of computer viruses or other harmful components;
15.1.5. that the Platform will operate or function properly on your devices or operating system; and
15.1.6. that the Platform will not cause any damage to your devices or operating systems.
15.2. We are also not responsible for the underlying technologies that are used or supported on the Platform. You agree to bear all risks associated with these technologies.
15.3. Your use of our Platform is voluntary and at your sole risk. You are sole responsible for:
15.3.1. your reliance on the Platform and the information available through the Platform;
15.3.2. any liability, loss or damage that you may incur through use of the Platform; and
15.3.3. all decisions or actions resulting from your use of the Platform and its contents.
15.4. To the maximum extent permitted by law, we shall not be liable for any damage or loss of any kind, or of any direct, consequential, incidental, special or indirect damages, costs or claims of any nature whatsoever:
15.4.1. that you may incur as a result of your use, access or reliance on the Platform (on any information found thereon);
15.4.2. that you may incur as a result of your dealing with a third party through the Platform (including such Transactions as effected through the Platform);
15.4.3. resulting from the furnishing of performance of the Platform or any delay or failure thereof;
15.4.4. arising out of or in connection with any unauthorised access to your account; and
15.4.5. arising out of any delay in operation or transmission, communication failure, internet access difficulties or malfunction of equipment or software.
15.5. We, and our parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents (collectively, the “Shenton Parties”), shall not be liable, in any circumstances or legal theories whatsoever, for any loss of data, business, profits or goodwill, loss of use, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if we are aware of the risk of such damages, that result in any way from your use of, access to or reliance on the Platform. Our liability to you shall not, for any reason, exceed:
15.5.1. the amount paid by you to us in relation to your use or access to the Platform in the one (1) year period preceding the incident giving rise to your claim against us; or
15.5.2. S$100 (Singapore Dollars one hundred only),
16.1. You agree to defend and indemnify the Shenton Parties against any and all claims, losses, damages, expenses (including legal costs on a full indemnity basis), or liabilities (whether criminal or civil) and costs of settlement which may be suffered or incurred by or asserted against the Shenton Parties, in respect of any matter or event whatsoever arising out of or in connection with:
16.1.1. your breach of any provision in these Terms;
16.1.2. your use access of, or conduct in connection with the Platform;
16.1.3. your violation of the rights of any third party;
16.1.4. our reliance on information, data or records provided by you in connection with your use of our Platform;
16.1.5. any dispute between you and a third party service provider of the Platform (e.g. the insurance companies); and / or
16.1.6. the occurrence of any event due to your act, omission or default which compromises the security or integrity of the Platform.
17. FORCE MAJEURE
17.1. We are not liable for any loss, damage or penalty resulting from delays or failures in performance if the delay or failure results from events beyond our reasonable control (a “Force Majeure Event”). Force Majeure Events shall include, but are not limited to, acts of God, war, hostility, invasion, act of foreign enemies, rebellion, revolution, riots, civil war, disturbances, requisitioning or other acts of civil or military authority, laws, regulations, acts or orders of any governmental authority, body, agency or official, fires, inclement weather, rain or floods (however caused), strikes, lock-outs or other labour disputes, epidemics, outbreaks, embargoes, breakdown of equipment, plant or machinery (including, but not limited to, data centre, telecommunications systems and utility services) or other catastrophe.
18.1. You shall, at all times, keep confidential all information provided by us or on our behalf that is marked or is by its nature confidential or proprietary (“Confidential Information”). You shall not disclose or permit to be disclosed the Confidential Information to any third party without our prior written consent. These obligations of confidentiality do not apply to information that is publicly available, already in your possession without confidentiality restrictions or required to be disclosed by order of a court or the relevant governmental authorities.
20. MONITORING OF USE AND AUDIT
20.1. We reserve the right to monitor usage of our Platform by any person and have the sole discretion to refuse access or use by any person at any time without having to give any reason or any prior notice.
20.2. You will be asked to account for any unauthorised access. You shall provide us with your fullest cooperation and all necessary support for the conduct of the audits at no cost to us.
21. TECHNICAL REQUIREMENTS AND CONSENTS
21.1. You acknowledge and agree that for our Platform to function, it requires a compatible device (including a mobile or computing device), appropriate third party software (such as browsers), and also connectivity to the internet. You are solely responsible for obtaining such device(s), software, and the necessary connectivity services and / or equipment to access and use our Platform.
21.2. You consent to receiving electronic communications (including through SMS, MMS, text messages and / or other electronic means) associated with your use of the Platform.
21.4. You consent to us collecting and using your device’s technical data and associated information. Such technical data do not include personal information and may be used by us to facilitate the provision and improvement of our Platform, software updates, product support and other services associated with our Platform.
22. SUSPENSION AND TERMINATION
22.1. We reserve the right to suspend or terminate your access and use of our Platform, immediately without prior notice and without liability to you, and for any reason.
22.2. If we discontinue the Platform, terminate your right to access the Platform, or if you or Shenton Insurance Brokers deactivates your account:
22.2.1. all amounts payable by you to us will immediately become due;
22.2.2. we may delete or deactivate your account and all related information in such account without liability to you; and
22.2.3. we may cancel any open Transaction requests that are pending at the time of discontinuation or termination.
22.3. Termination shall not affect the term, validity or enforceability of any separate agreement between us in effect as of the date of termination.
23.1. Clauses 3.1, 5.2, 5.3, 6, 9, 13, 15, 16, 18, 19, 22 to 25, and all other clauses of these Terms so intended to survive after the termination of your access to our Platform shall survive such termination and remain in full force and effect.
24. APPLICABLE LAWS
24.1. Use of our Platform and these Terms are governed by the laws of Singapore, without reference to conflicts of laws rules.
24.2. You submit to the non-exclusive jurisdiction of the courts of Singapore in relation to all disputes and any claim relating to these Terms and our Platform.
24.3. Our Platform is controlled and operated by us from Singapore, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of Singapore. We do not represent or warrant that our Platform are appropriate or available for use in any particular jurisdiction other than Singapore.
25.1. If any provision in these Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. These Terms constitute the entire agreement between us in relation to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or representations. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Other than the Shenton Parties, a person who is not a party to this these Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce these Terms.
25.2. You may not transfer or assign any of your rights or obligations under these Terms without our prior written consent. We may, by notice in writing to you, transfer or assign any of our rights, or novate any of our rights and obligations, under these Terms.