Terma dan Syarat
These Terms of Service (“Terms”) govern your access to and use of the application, website, products, and services (“Services”) provided by myCEKAP, so please read these Terms carefully, before using our Services.
References to “you” in these Terms of Service means you, your duly authorized representatives and any entity you may represent in connection with your use of the Services. Any reference made in these Terms of Service to “myCEKAP” shall be deemed to have been made to NR SYNERGY SERVICES (MA0304764-V), its subsidiaries, successors, assignees, and affiliates, as well as any company that controls myCEKAP, directly or indirectly, and any other subsidiary of that controlling company, as applicable.
We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective upon the posting of the modification to our application (“App”) or website (collectively, “the Site”), and will apply to causes of action arising after the effective date of the change. You should continue to check the Site for changes. Your continued use of our Site or otherwise the Services following the posting of changes to these Terms will mean that you accept those changes. By accessing or using our Services, you confirm that: – you can form a binding contract with us; and – you are over the age of 18, as the Services are not intended for children under 18. If it comes to our attention through reliable means that a registered user is a child under 18 years of age, we will cancel that user’s account and/or access to the Services. If you are using the Services on behalf of a corporation (or any legal entity other than using it personally), you represent that you are authorized to enter into an agreement on behalf of that legal entity, and are nevertheless individually bound by these Terms even if we have a separate agreement with such corporation.
WARRANTIES AND DISCLAIMERS
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
While myCEKAP does not warrant the Services or its reliability, availability or ability to meet your needs,
myCEKAP will take reasonable measures to ensure the accuracy and validity of information on the Site
myCEKAP does not warrant or represent that access to the whole or part(s) of this website, the materials, information and/or functions contained therein will be provided uninterrupted.
We grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use the Services, provided that:
- You will not copy, distribute or modify any part of the Services without our prior written authorization;
- You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.;
- You will not transmit any software viruses, or other harmful computer code, files or programs;
- You will not disrupt servers or networks connected to the Services; and
- You will comply with these Terms and myCEKAP’s policies from time to time.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access, which shall remain with us and our respective licensors, as applicable.
All right, title, and interest in and to Services including worldwide intellectual property rights therein, are and will remain the exclusive property of myCEKAP and its applicable licensors. We reserve all rights not expressly granted in and to the Services.
In order to access the Service, you will have to create an account. You hereby represent and warrant that the information you provide to myCEKAP upon registration (including information provided through your linked Facebook account, as applicable, or other third party Linked Accounts, as defined below), and at all other times, are true, accurate, current, and complete. Your “Account Information” also includes any information provided during the insurance application or claims process. You also hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
PRIVACY AND PASSWORDS
Some portions of the Site are protected and require a user identification code (“User ID”) and pin/password for access. Unauthorized access or use of such portions of the Site is prohibited. You agree that you will notify myCEKAP immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred, by contacting our support team. For your protection, if myCEKAP believes that any unauthorized access may occur or has occurred, myCEKAP may terminate or suspend such access whether with or without prior notice to you. You also agree that myCEKAP is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.
LINKED ACCOUNTS AND SOCIAL NETWORKING SITES
myCEKAP may, now or in the future, allow you to link your account on the Service to your account(s) on third party services, such as social networking sites (“Linked Accounts”). If you link your account on the Service to a Linked Account, you are authorizing myCEKAP to store and use your access credentials to access your Linked Account on your behalf to integrate your experience with the Service with content, information, and features available through such Linked Account. This may include importing the contacts, preferences, interests or “likes” of the Linked Account, and/or pushing updates regarding your use of the Service out to your Linked Accounts. Linking, accessing or using a third party service through the Service in this manner may be subject to additional terms established by the applicable third party, and it is your sole responsibility to comply with such third party terms.
USER CONTENT GENERAL
The Service may request that you submit content such as text, photos, audiovisual content, and other media content (“User Content”). By providing User Content to myCEKAP, you are granting myCEKAP a license to use the User Content in order to make it available through the Service.
LICENSE GRANT BY YOU TO myCEKAP
By uploading the User Content, you are granting myCEKAP a license to display, perform and distribute your User Content and to modify (for technical purposes), and reproduce such User Content to enable myCEKAP to operate the Service. You agree that these rights and licenses are royalty free, worldwide, and irrevocable, and include a right for myCEKAP to make such User Content available to, and license others to use such User Content, for the purpose of providing such Services, and to otherwise permit access to or disclose your User Content to third parties if myCEKAP determines such access or disclosure is required or expedient to comply with its obligations.
SUBMITTED IDEAS POLICY
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to myCEKAP through the “Contact Us,” User Forum or Support interfaces or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that:
- the Contributions do not contain confidential or proprietary information;
- myCEKAP is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
- myCEKAP shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way;
- myCEKAP may have something similar to the Contributions already under consideration or in development;
- the Contributions automatically become the property of myCEKAP; and
- you are not entitled to any accounting, compensation or reimbursement of any kind from myCEKAP under any circumstances.
Do not misuse our Services. You agree not to use the Service or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will:
- comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- provide accurate information to us and update it as necessary; and
- act honestly and in good faith.
By using the Services you agree NOT to:
- create an account for anyone other than a natural person (unless you are a company, organization, legal entity or a brand and represent that company, organization, legal entity or brand).
- defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person or engage in any other predatory behavior, including sending unwelcomed communications to others or engage in any other predatory behavior, or incite others to commit violent acts.
- use or attempt to use another’s account or create a false identity;
- duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services, except as permitted in these Terms, or as expressly authorized by us;
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
- utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services;
- adapt, modify or create derivative works based on the Services or technology underlying the Services, in whole or part;
- rent, lease, loan, trade, sell/re-sell any information in the Services, in whole or part;
- use the communication systems provided by the Services for any commercial solicitation purposes;
- sell, sponsor, or otherwise monetize any service or functionality in the Services, without our express written consent;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors’);
- remove, cover or otherwise obscure any form of advertisement included on the Services;
- collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same);
- share other users’ or third party’s information or their User Content without their express consent;
- infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us;
- use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape,” “crawl”, “cache”, “spider” or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services;
- access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose;
- engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the website;
- attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services;
- engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services’ infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs through or on the Services; and/or
- interfere or disrupt or game the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
THIRD PARTIES’ LINKS, WEBSITES, AND SERVICES
The Services may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We are not affiliated with those websites, do not endorse them, have no control over those websites, and assume no responsibility and/or liability for the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
- satisfy any applicable law, regulation, legal process, subpoena or governmental request;
- enforce these Terms, including investigation of potential violations of it;
- detect, prevent, or otherwise address fraud, security or technical issues;
- cooperate with law enforcement authorities;
- respond to user support requests;
- protect our, our users’ or the public’s rights, property or safety.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, the Service Is Available “As Is.”
You expressly understand and agree that:
- Your use of the service and the purchase and use of any products or services are all at your sole risk. The service is provided and products are sold on an “as is” and “as available” basis. To the maximum extent permitted by law, myCEKAP expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
- myCEKAP does not warrant that:
i. the service will meet all of your requirements;
ii. the service will be uninterrupted, timely, secure or error-free; or
iii. all errors in the software or service will be corrected.
- Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you are solely responsible for any damage to your computer or other device or loss of data resulting from the download or use of any such material.
- No information, whether oral or written, obtained by you from myCEKAP shall create any warranty not expressly stated in these Terms. You expressly understand and agree that myCEKAP, its subsidiaries, affiliates and licensors, and our and their respective officers, employees, agents and successors shall not be liable to you for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, cover or other intangible losses (even if myCEKAP has been advised of the possibility of such damages) resulting from:
i. The use or the inability to use the Service;
ii. Unauthorized access to or the loss, corruption or alteration of your transmissions, content or data;
iii. Statements or conduct of any third party on or using the Service, or providing any services related to the operation of the Service;
iv. myCEKAP’s actions or omissions in reliance upon your account information and any changes thereto or notices received therefrom;
v. Your failure to protect the confidentiality of any passwords or access rights to your account information;
vi. The acts or omissions of any third party using or integrating with the Service;
vii. The termination of your account in accordance with these Terms;
viii. reliance on the information contained in the Site,
ix. any technical, hardware or software failure of any kind or any interruption, error, omission, delay in operation, computer viruses, or otherwise; or
x. any other matter relating to the Service;
unless caused by our wilful default or fraud.
In any event and without limiting the generality of this section you agree that our total liability to you for any and all damages and losses shall not in any circumstances exceed the greater of (a) RM100, or (b) the aggregate of the amount (if any) paid by you for the Services in the 6 months immediately preceding bringing of a claim against us or our affiliates. Nothing in these Terms (including the limitation of liability provisions) is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.
myCEKAP reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without your prior notice, provided that myCEKAP shall provide you reasonable notice thereafter, if it is has not already done so. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms without myCEKAP’s prior written consent.
You agree to defend, indemnify and hold harmless myCEKAP, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from:
- your use of the Services;
- your violation of these Terms;
- your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; including all actions taken under your account.
GOVERNING LAW AND JURISDICTION
These Terms, the Services and your use of the Site are governed in all respects by the laws of Malaysia. You submit to the jurisdiction of the Malaysian courts.
By using the Site, you agree to have all records, including the insurance policy by the insurance agent, provided to you in electronic form. This consent, unless withdrawn, applies to all transactions on the Site. However, you have the right to receive records, including the insurance policy, in paper form if you wish by withdrawing this consent. If you withdraw the consent to provide you with records in electronic form, you will then be provided with records in paper form. To withdraw your consent, you must email us at help@myCEKAP.my with the following subject line “WITHDRAW ELECTRONIC CONSENT.” The body of the email must include your name, policy number, effective and expiration dates of the policy, the effective date of your withdrawal and whether you want (a) any specific record to be in paper form and (b) your insurance policy to be sent to you in paper form. myCEKAP reserves the right to charge a delivery and printing fee for paper transmission of the insurance policy, any invoice and any policy endorsement or record requested by you. You may also chose to print the records in electronic form from your end.
Unless otherwise indicated, the copyright in this website and its contents, including but not limited to the text, images, graphics, sound files, animation files, video files, and their arrangement, are the property of myCEKAP, and are protected by applicable Malaysian and international copyright laws. No part or parts of this website may be modified, copied, distributed, retransmitted, broadcast, displayed, performed, reproduced, published, licensed, transferred, sold or commercially dealt with in any manner without the express prior written consent of myCEKAP. You shall not, without myCEKAP’s prior written consent, insert a link to this website on any other website, frame or “mirror” any material contained on this website on any server. Any such unauthorised reproduction, retransmission or other copying or modification of any of the contents of myCEKAP’s website may be in breach of law, in addition to being a breach of these Terms. myCEKAP disclaims all liability which may arise from any unauthorised reproduction or use of the contents of our website.
All trademarks, service marks, and logos displayed in this website are either the property of myCEKAP or myCEKAP has obtained the rights to use them. Unless the prior written consent of myCEKAP has been obtained, no license or right is granted to any party accessing the Site to use, download, reproduce, copy or modify such trademarks, services marks or logos. Similarly, unless the prior written consent of myCEKAP or the relevant proprietor has been obtained, no such trademark, service mark or logo may be used as a link or to mark any link to myCEKAP’s Site or any other site.
EXCLUSION OF LIABILITY DUE TO ACTS AND/OR OMISSION BY ANY THIRD PARTY / RELEVANT AUTORITY(IES)
myCEKAP shall not be responsible or liable for any claim, loss of profits, revenues, or data or any financial losses or any direct or indirect, special, consequential, exemplary, or punitive damages caused by any third party/relevant authority(ies) including but not limited to the following instances:-
Discretion exercised by any third party/relevant authority(ies);
Closing/cancellation of programs by any third party/relevant authority(ies);
Delay on the part of any third party/relevant authority(ies) in processing your application; and
Failure to comply with the requirement set by any third party/relevant authority(ies) by you.
You hereby irrevocably agree to indemnify and keep indemnified myCEKAP from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by myCEKAP in connection with or arising from (1) your use or misuse of this website and the services provided herein, or (2) your breach of these Terms, or (3) any intellectual property right or proprietary right infringement claim made by a third party against myCEKAP in connection with your use of this website.
MODIFYING AND TERMINATING OUR SERVICES
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. myCEKAP may also stop providing Services to you, or add or create new limits to our Services at any time. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service. myCEKAP reserves the right to terminate and/or suspend your access to the Site and/or your use of the Site at any time, for any reason. In particular, and without limitation, myCEKAP may terminate and/or suspend your access should you violate any of these Terms, or violate the rights of myCEKAP, of any other user, or of any third party.
BUSINESS USES OF THE SERVICES
If you are using our Services on behalf of a business or a company, that business or a company accepts these Terms. It will hold harmless and indemnify myCEKAP and its service suppliers, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
ABOUT THESE TERMS
We may modify these terms or any additional terms or policy that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at these Terms when you access the Service. myCEKAP reserves the right to amend any of the Terms and its policies at any time without any prior notice.