InsureGuru.com (the “Platform”) is an interactive online platform which provides technical portal services to licensed insurance brokers to facilitate their provision of Insurance Solutions (as defined below). The Platform is provided by InsureGuru Pte. Ltd. (Registration No. 201722466W), a company registered in Singapore and having its registered address at 18 Cross Street #10-03 China Square Central, Singapore 048423 (“InsureGuru”).
InsureGuru is part of the Pana Harrison group of companies which includes Pana Harrison (Asia) Pte Ltd (the “Broker”), a Singaporean General Insurance and Reinsurance Broker and exempt Financial Adviser. The Broker is licensed and supervised by the Monetary Authority of Singapore.
The Platform is a platform for the Users to purchase or procure Insurance Solutions from the Broker. The Broker may from time to time accept or collect any funds or deposits from the Users via the Platform for the provision of Insurance Solutions from the Broker to the Users. Neither the Broker nor InsureGuru acts as agent for the Users. Any decision by the Users to purchase or procure Insurance Solutions shall be solely the decision of the Users.
All Insurance Solutions are arranged through licensed insurers as defined under the Insurance Act, Chapter 142 of Singapore.
InsureGuru currently provides technical portal services to the Broker but may also work with other licensed insurance brokers from various jurisdictions to provide similar portal services to such brokers. Where technical portal services are provided to other licensed insurance brokers, the Terms shall apply mutatis mutandis in respect of such insurance brokers to the fullest extent permitted by the law of the respective jurisdiction.
1.1 In addition to terms defined elsewhere in these Terms, the following definitions shall apply throughout these Terms, unless the contrary intention appears:
“Business Day”: means a day other than a Saturday or Sunday or public holiday in Singapore;
“Insurance Solutions”: means all services, products and solutions relating to insurance including but not limited to insurance plans, financial planning services, handling of insurance claims, collection of premiums, and reinsurance plans
“Losses”: means all costs, damages, losses, liabilities, charges, actions, claims demands and expenses in connection with any action, suit or proceeding, investigations, judgments, orders whether involving a third party claim or a claim solely between the Parties and any incidental, indirect or consequential damages (including any ordinary, direct, indirect, consequential, incidental, special, punitive or exemplary damages), losses (direct or consequential), liabilities or expenses, and any lost profits or diminution in value;
“Material”: means articles, data, reports, opinions, financial and investment-related data, calculators, documents and other information or material including images and graphics posted and/or made available on the Platform by the Broker from time to time;
“Parties”: means the User, the Broker and InsureGuru;
“Privacy and Data Protection Policy”: means the Privacy and Data Protection Policy available on the Platform as from time to time amended, varied and/or supplemented;
“Representative”: means, in relation to a person, any director, officer or employee of, and any accountant, auditor, financier, financial adviser, legal adviser, technical adviser or other expert adviser or consultant to, that person;
“User”: means a user of the Platform; and
1.2 In these Terms:
1.2.1 the head notes and marginal notes are inserted for convenience only and shall not affect the interpretation and/or construction of these Terms;
1.2.2 singular words include the plural and vice versa;
1.2.3 references to persons or entities include natural persons, bodies corporate, partnerships, trusts and unincorporated and incorporated associations of persons;
1.2.4 references to a person includes a reference to that person’s legal personal representatives, successors and permitted assigns;
1.2.5 a word of any gender includes the corresponding words of any other gender; and
1.2.6 a reference to a statutory provision includes a reference to the statutory provision as modified or re-enacted or both from time to time and any subordinate legislation made under the statutory provision (as so modified or re-enacted) from time to time.
- THE SERVICE
2.1 Users shall be required to register with the Platform before using any of the services provided by the Platform. Registration with the Platform includes the provision by the User with all information and/or documentation which may be required for the Broker and/or InsureGuru to fulfil its legal, regulatory and contractual obligations, including but not limited to any know-your-client, countering the financing of terrorism and anti-money laundering obligations, and to create a user account for the User. Each time the User accesses the Platform for its services, he/she shall enter his/her username and password (or such other security measure as the Platform may from time to time implement). The User shall not adapt or circumvent the systems in place in connection with the Platform, nor access the Platform other than through the normal use of it.
2.2 The username and password belong exclusively to the User and are not transferable. The User shall keep his/her username and password confidential and secure at all times. He/she shall be responsible for all information and activity on the Platform by anyone using his/her username and password. In particular, a User shall, if it is a company, be responsible for the use of its account by its employees, sub-contractors, agents or other authorized persons. The Broker and/or InsureGuru reserves the right to terminate, suspend or restrict the access of the User to the Platform and to cease acting on his/her instructions, if there is reasonable suspicion that the person logged into the User’s account is not the User or an authorized person of the User or where the Broker and/or InsureGuru suspects that the account will be used for illegal, fraudulent or unauthorized uses. Any breach of security, loss, theft or unauthorized use of the User’s username, password or security information must be notified to InsureGuru immediately.
2.3 The Broker may, in its absolute discretion, instruct InsureGuru to terminate or suspend any e-listing of any Insurance Solutions on the Platform, without prior notice to the User.
2.4 The Broker may, in its absolute discretion, immediately instruct InsureGuru to remove any content from the Platform that it deems to be in breach of the Terms or that otherwise:
2.4.1 promotes or encourages illegal activity;
2.4.2 is harmful, abusive, offensive or illegal or infringes the rights of the Broker, the User or the InsureGuru; or
2.4.3 has been determined to be in breach of any applicable laws of Singapore or any other jurisdiction.
2.5 The Platform is only to be used for obtaining Insurance Solutions or price information for a given User or such User on behalf of a third party. Any insurance inquiry or transaction made on behalf of a third party by a User may only be carried out with the third party’s prior consent being given.
2.6 InsureGuru may from time to time engage in electronic direct mail campaigns and marketing strategies to communicate to the Users, for and on behalf of the Broker, information relating to the Insurance Solutions.
2.7 The User affirms that he/she is more than 18 years of age and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and on the Platform, and to abide by and comply with these Terms.
3.1 Each of the Insurance Solutions provided by the Broker is subject to its respective charges, fees and/or premiums payable by the User or the insured and such fees are determined by and may be retrieved from the respective insurance companies.
3.2 The Broker is compensated for the service it provides through commissions from insurance companies. Purchasing Insurance Solutions with the Broker via the Platform constitutes the Users’ consent for the Broker to receive such commissions.
3.3 Any transactions relating to the provision of Insurance Solutions conducted on the Platform and payment of any transaction fees, charges and/or premiums is transacted directly between the User and the Broker and any liability stemming from such transactions remains solely the responsibility of the User and the Broker.
- PRODUCT AVAILABILITY
4.1 The information contained on the Platform does not constitute a distribution, an offer to sell or the solicitation of an offer to buy. Some products or services detailed on the Platform are only available to persons in certain named countries. The local legislation of the User may not permit the Broker to offer products or services to the User in its own country. The Broker reserves the right to determine the eligibility of any User for any product or service. The User should check with its local financial adviser as to whether such products or services are available in the country in which the User is resident.
4.2 The Broker does not guarantee that any Insurance Solutions will be available to the User, nor does the Broker accept liability for rejecting an application for an Insurance Solution or withdrawing an Insurance Solution altogether, whether on an individual or company-wide basis.
- NOT ADVICE OR OFFER OR SOLICITATION
5.1 The Material on the Platform is of a general nature and for information only and is not intended to be financial product advice or an offer or solicitation to sell any product or service. The Material and information does not take into account the User’s particular investment objectives, financial situation and needs, legal, tax or accounting advice. Accordingly, the User should assess whether the Material is appropriate in the light of its individual circumstances, and/or the individual circumstances of its employee or any person it is acting for, before acting or advising on the Material. If the User is a policyholder, the Broker recommends that the User discuss any specific matters with its financial adviser prior to making any decisions.
5.2 Any information found on the Platform comes from sources that are available to the public and is accurate to best of the Broker’s knowledge at the time it is published. Any information gathered by the Users or the tools contained on it are not considered offers of insurance to said users.
- DISCLAIMERS AGAINST LIABILITY
6.1 The Platform has been prepared by InsureGuru as a portal service provider solely on the instructions of the Broker for informational use and any information contained in the Platform should not be regarded as an offer or invitation to purchase or subscribe for any securities, and no part of it shall form the basis of or be relied upon in connection with any contract, commitment or investment decision in relation thereto. Any User should obtain appropriate specific professional advice in connection therewith. In addition, the Platform may not be used for the purpose of and does not constitute an offer or invitation to purchase or subscribe for any securities in any jurisdiction or under any circumstances in which such offer or invitation is unlawful or unauthorised or to any person to whom it is unlawful to make such offer or invitation.
6.2 The information contained in the Platform may not be taken away, reproduced or redistributed to any other person. Information contained in the Platform is intended solely for the Users’ personal reference and is strictly confidential.
6.3 The Platform contains forward-looking statements that involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements to be materially different from any future results, performance or achievements expected, expressed or implied by these forward-looking statements.
6.4 Given the risks and uncertainties that may cause the actual future results, performance or achievements of the Insurance Solutions to be materially different from that expected, expressed or implied by these forward-looking statements, undue reliance must not be placed on these statements. The Broker and InsureGuru do not represent or warrant that such actual future results, performance or achievements will be as discussed in this Platform as such actual results may differ materially from those anticipated in these forward-looking statements as a result of the risks faced by the Insurance Solutions. The Broker and InsureGuru disclaim any responsibility to update any of these forward-looking statements or publicly announce any revisions to these forward-looking statements to reflect future developments, events or circumstances.
6.5 The information contained in the Platform has not been independently verified. No representation or warranty, expressed or implied, is made as to, and no reliance should be placed on the fairness, accuracy, completeness or correctness of, the information or opinions contained in the Platform. The information and opinions contained in this Platform are subject to change without notice.
6.6 InsureGuru does not grant any representation or warranty, expressed or implied, as to the accessibility and quality of the Platform. There are situations when the Platform will not be accessible, including but not limited to maintenance and circumstances outside the control of InsureGuru such as net access failure.
6.7 Without limiting the foregoing, InsureGuru does not warrant that the Platform, functions contained in or access to the Platform or other content will be timely, uninterrupted or error-free without omission, that defects will be corrected, or that the Platform or its contents are free of infection by computer viruses, and/or other harmful or corrupting code, programme, macro and such other unauthorised software, or that the download, installation or use of any software or content of the Platform in or with any computer will not affect the functionality or performance of the computer. The User (and not InsureGuru) shall assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in the computer. The User agrees not to hold InsureGuru liable for the loss of any of the contents in its computer that is due to any circumstances beyond the control of InsureGuru.
6.8 The delivery of the Platform in certain jurisdictions may be restricted or prohibited by law in such jurisdictions. Persons who access the Platform or Users must familiarise themselves, and observe and comply, with any such prohibitions and/or restrictions.
6.9To the fullest extent permitted by law, none of InsureGuru nor any of our Representatives shall be liable (in negligence or otherwise) for any Loss howsoever arising from any use of the Platform. Users shall indemnify InsureGuru in relation to any Losses suffered or incurred by InsureGuru in relation to any breach of the Agreement by such Users.
6.10 Parties should seek professional advice if in doubt to ensure compliance with all applicable laws and regulations, which could vary depending on the specific features of the Insurance Solutions procured.
- CONFIRMATION OF INSURANCE
7.1 Neither the content or this Platform, nor the submission of a User’s information, constitutes acceptance of a User’s request and offer to procure Insurance Solutions from the Broker. Nor will a policy request be viewed as an offer by the Broker to provide Insurance Solutions to any User. Confirmation of a purchase or procurement of an Insurance Solution will only be provided to a User following the receipt of their formal application for the said Insurance Solution, followed by its acceptance by the Broker and subsequent provision of notification of acceptance. Such notification of the purchase or procurement of an Insurance Solution may not be formally issued in the form of a hard copy, and receipt of such a hard copy is not needed to produce a binding contract.
7.2 Insurance Solutions offered on the Platform may not have full product descriptions listed, and such information should not be considered complete. The details of a specific Insurance Solution, including individual conditions covered and other terms, will be provided upon the decision to purchase or procure an Insurance Solution either electronically or physically. If any contradiction should arise between information provided by the Platform and the relevant policy documentation, the policy documentation will prevail.
7.3 Where appropriate, and in most cases, documentation for the Insurance Solutions will be sent electronically. In the event that legal constraints prevent the sending of such documents electronically, physical forms will be mailed instead.
7.4 Before any Insurance Solution is provided to a User, it is required that they provide InsureGuru in its capacity of a portal service provider to the Broker with a full and complete accounting of any information requested of them. Failure to supply or outright fabrication of information may result in claims being denied or may result in a voided insurance policy or fraud charge.
- RETURN, EXCHANGE, AND CANCELLATION REFUND
All Insurance Solutions are non-exchangeable. The Broker’s policy on refunds and cancellation is to adhere to the details within each insurer’s respective plan refund or cancellation policy, with no refunds or cancellations otherwise.
- ADDITIONAL TERMS & CONDITIONS
9.1 The insured recognizes that it is their responsibility to properly provide InsureGuru in its capacity of a portal service provider to the Broker with all relevant information related to their insurance policy. If the insured works with any other third party in relation to their insurance policy, any liability stemming from this relationship remains solely the responsibility of the insured.
9.2 The Broker is an insurance intermediary that arranges insurance services and products on behalf of its clients. The Broker is not an insurance provider on its own, and does not underwrite insurance risk in any capacity. Nor does it officially represent any individual insurance company.
9.3 All insured individuals are responsible for reading the wording of all policy documentation, as well as accepting limitations, exclusions, conditions and other terms of the policy before the effective date is reached. InsureGuru can provide, for and on behalf of the Broker, a copy of any policy wording upon request.
9.4 Users acknowledge that contracts for Insurance Solutions are based on the concept of utmost good faith of the insured. If utmost good faith is not upheld by the insured, the insurer may void the contract. The concept of utmost good faith extends beyond the duration of an insurance contract and is considered to be ongoing. The insured is obliged (i) to not make fraudulent claims; (ii) to not misrepresent facts and (iii) to disclose all material information that would be relevant to an insurer or underwriter for purposes of determining risk and associated premiums. Facts are considered relevant to insurers if they are in any way applicable to any condition that a policy would cover, even if a formal request for such information is not given.
- INTELLECTUAL PROPERTY
10.1 The content available on the Platform may be provided by third parties and InsureGuru does not have control over such content. InsureGuru shall not be held responsible for any such content provided by third parties which are published, featured, displayed or otherwise used or contained in the Platform.
10.2 InsureGuru reserves the right to retain an archival record of all such content including those deleted or removed by the User.
10.3 Any commentary left by Users becomes the sole property of InsureGuru. As such, they may be used by InsureGuru without prior notification to the author. Users shall not input hyperlinks onto the Platform for any reason. Any action deemed to have interfered with, damaged, or corrupted the Platform, or otherwise denied service from it, shall be met with efforts to protect InsureGuru’s intellectual property rights and the Platform.
10.4 Should any content infringe the intellectual property rights of a third party, Users agree to immediately remove all infringing parts of the content and indemnify InsureGuru all damages costs and expenses incurred as a result of such infringement. Should InsureGuru be made aware or suspect that the content infringes any third party’s intellectual property rights, InsureGuru shall have the right to remove such content from the Platform.
10.5 Users are prohibited from reproducing, publishing, posting, uploading, transferring or otherwise using any portion of the Platform, or creating works that are derivative of it. Users are also prohibited from displaying any portion of the Platform in public without prior approval from InsureGuru, no matter what form such a display may take. Using any trademark, name, logo, or image licensed by InsureGuru is strictly prohibited, and doing so will be considered an act of infringement upon the rights of the licensee.
- PRIVACY RIGHTS
11.1 For the purposes of enhancing User experience on the Platform, InsureGuru shall collect, use and disclose personal data of the Users.
11.2 InsureGuru shall obtain the consent of each User before collection, use and disclosure of personal data. Upon successful registration with the Platform, the User agrees that InsureGuru may collect, use and disclose the information it obtains through the Platform in accordance with its Privacy and Data Protection Policy. Subject to reasonable written notice to InsureGuru, Users may withdraw their consent at any time. If the User has provided InsureGuru with an email address, the User consents to receive, from time to time, email messages from and through InsureGuru, including information about its products and services.
11.3 InsureGuru shall manage and protect personal data in accordance with the Personal Data Protection Act 2012 (No. 26 of 2012) and its Privacy and Data Protection Policy.
12.1 The Broker, InsureGuru, or any of their Representatives, shall not be liable for any Losses, arising out of or in any way connected with:-
12.1.1 the use or performance of the Platform or the services thereon;
12.1.2 the delay or inability to use the Platform or the services thereon;
12.1.3 the provision of or failure to provide the Platform or the services thereon;
12.1.4 any information, data, software, products, services and related graphics obtained through the Platform or the services thereon;
12.1.5 any reliance on any statement, opinion, representation or information on the Platform or the services thereon;
12.1.6 otherwise arising out of the use of this Platform or the services thereon,
whether based on contract, tort, strict liability or otherwise, except where such Losses arise from fraud by the Broker or InsureGuru.
12.2 In the event that the Broker or InsureGuru is liable for damages, the User agrees that the Broker’s and InsureGuru’s aggregate liability to the User for any and all damages, losses and causes of action (whether in contract, tort including, without limitation, negligence, or otherwise) in relation to the Platform and the services provided therein shall not exceed the total amount of commissions paid by the User to the Broker under Paragraph 3.2 in the 12-month period immediately preceding the time such liability arose.
12.3 Without prejudice to the other provisions herein, the User irrevocably and unconditionally agrees to indemnify (and keep indemnified) the Broker, InsureGuru and their Representatives (collectively the “Indemnified Parties”) on demand against any and all Losses which the Indemnified Parties may sustain, incur, suffer or pay arising out of, in connection with or pursuant to the access to and/or the use of the Platform or its services by the User, whether or not such access or use was authorised or whether it was due to any act or omission on its part, the breach of this Agreement by the User, the violation by the User of any rights of another person or entity or the breach by the User of any statutory requirement, duty or law.
- ANTI-MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM
13.1 The User represents that its funds utilised for the payment of the Insurance Solutions were not and are not directly or indirectly derived from activities that may contravene laws and regulations in Singapore as well as international laws and regulations, including anti-money laundering and countering the financing of terrorism laws and regulations.
13.2 Accordingly, the User represents and warrants that, to the best of its knowledge, none of:
13.2.1 the User;
13.2.2 any person controlling or controlled by the User;
13.2.3 if the User is a privately held entity, any person having a beneficial interest in the User; or
13.2.4 any person for whom the User is acting as an agent or nominee for,
is a country, territory, individual or entity named on a restricted list by the relevant regulatory authority in Singapore or such other jurisdiction.
Please be advised that the Broker may not provide Insurance Solutions to a prospective User if it cannot make the representation set forth in Paragraphs 13.1 and 13.2 above. In addition, if the User cannot make these representations, the Broker, at their sole and absolute discretion may instruct InsureGuru to prohibit, terminate or suspend any activities of such User conducted on the Platform.
13.3 The User agrees promptly to notify the Broker should the User become aware of any change in the information set forth in the representations set out in Paragraphs 13.1 and 13.2 above. The User is advised that, by law, InsureGuru may be obligated, either at this sole discretion or on the instructions of the Broker, to “freeze” the account of such User, either by prohibiting any activities from the User in compliance with governmental regulations, and the Broker, InsureGuru and/or their Representatives may also be required to report such action and to disclose the User’s identity to the relevant authorities. The User further acknowledges that the Broker may, by written notice to the User, suspend the provision of Insurance Solutions to the User if the Broker reasonably deems it necessary to do so to comply with anti-money laundering or countering the financing of terrorism regulations applicable to the Broker, InsureGuru and the Platform.
13.4 The User hereby agrees to promptly provide any additional documentation the Broker, InsureGuru and/or their Representatives may request in the future to the extent that the Broker or InsureGuru determines necessary in order to comply with applicable anti-money laundering laws or policies or any other applicable law and the User acknowledges and consents to the disclosure by the Broker, InsureGuru and/or their Representatives upon request in connection with money laundering and similar matters in Singapore and such other jurisdictions.
13.5 The User hereby agrees that the Broker, InsureGuru and/or their Representatives may disclose to each other, to any other service provider engaged by the Broker or InsureGuru, or to any regulatory body in any applicable jurisdiction any information concerning them and their associates provided by them to the Broker, InsureGuru and/or its Representatives and any such disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed on such person by law or otherwise.
- THIRD PARTIES
The Platform may contain information concerning third parties, third party products and services or links to third-party websites or applications. InsureGuru does not monitor, control or endorse these third parties, their products, services, websites or applications. Any links to other websites are provided as a convenience to the User, and does not imply InsureGuru’s endorsement of the linked website or association with their operators. To the maximum extent permitted by law, InsureGuru is not responsible and disclaim all liability for (a) such third party products, services, websites or applications; (b) for any act or omission of these third parties, or (c) any dealings between the User and these third parties, whether or not such dealings have been performed or facilitated through the Platform.
- ENTIRE AGREEMENT
15.1 The Agreement collectively embodies the entire agreement between the Parties with respect to the subject matter of the Agreement and supersedes any previous agreements relating to the subject matter.
15.2 Except to the extent that they have been performed and except where the Agreement provides otherwise, the obligations contained in the Agreement remain in force after completion of the matters set out therein.
15.3 The Agreement shall be binding on and shall endure for the benefit of each of the Parties’ successors in title or legal personal representatives.
If at any time any provision of the Agreement is or becomes illegal, invalid or unenforceable under the laws of any jurisdiction, that shall not affect: (a) the legality, validity or enforceability in that jurisdiction of any other provision of the Agreement; or (b) the legality, validity or enforceability under the laws of any other jurisdiction of that or another provision of the Agreement.
InsureGuru reserves the right to supplement, vary or amend the Agreement from time to time and changes to the Agreement will be posted on the Platform. It is the responsibility of the User to review the Agreement upon each access or use to ensure that it are aware of any changes made by InsureGuru. The continued access or use of the Platform and/or its services by the User after changes are posted constitutes its agreement to be legally bound by the Agreement so amended and for the revised Agreement to apply to all current and past usage by the User of this Platform. In the event that the User does not agree to any of the changes, InsureGuru is not obliged to continue providing the User with any service, and the User must stop using the Platform and/or the services provided thereon.
- GOVERNING LAW AND JURISDICTION
18.1 The Agreement shall be governed by and construed in accordance with the laws of Singapore.
18.2 All disputes, controversies or differences (“Dispute”) arising out of or in connection with the Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration conducted in English in Singapore by a single arbitrator in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (the “SIAC”) for the time being in force which rules shall be deemed to be incorporated by reference in this Paragraph 18.2.
18.3 The Parties further agree that following the commencement of arbitration pursuant to Paragraph 18.2, they will attempt in good faith to resolve the Dispute through mediation at the Singapore International Mediation Centre (the “SIMC”), in accordance with the SIAC-SIMC Arb-Med-Arb Protocol for the time being in force. Any settlement reached in the course of the mediation shall be referred to the arbitral tribunal appointed pursuant to Paragraph 18.2 and the terms of such settlement may be embodied in a consent award on agreed terms.