These terms and conditions of use are to be read, taken and construed as an essential part of this Agreement.
<![if !supportLists]>1. <![endif]>MSIG Insurance (Malaysia) Bhd (“MSIG”) Electronic Business Platform (“GenLink Cargo System”)
By way of clarification, it is MSIG’s intention that the GenLink Cargo System shall be an interactive Internet based marine insurance underwriting system, offered by MSIG, which provides facilities for various transactions within Malaysia like:
<![if !supportLists]>· <![endif]>Issuance of Marine Certificates
<![if !supportLists]>· <![endif]>Quotation
<![if !supportLists]>· <![endif]>New business acceptances
<![if !supportLists]>· <![endif]>Endorsements
<![if !supportLists]>· <![endif]>Cancellations
<![if !supportLists]>· <![endif]>Policy Enquiries
<![if !supportLists]>· <![endif]>Claims Notification; and
<![if !supportLists]>· <![endif]>Such additional enhanced or additional or new features and capabilities that may be varied and/or incorporated by MSIG from time to time
This is currently offered to our selected valued Intermediary/Customer of MSIG for the purpose of effecting certain mutually agreed marine insurance transactions electronically between MSIG and its Intermediary / Customer within Malaysia.
Transactions will be effected through the Internet. The Intermediary/Customer must therefore take up and maintain a subscription with a reputable local Internet Service Provider (ISP) of the Intermediary or the Customer’s choice in order to access MSIG Malaysia’s GenLink Cargo System. All fees levied by the ISP in respect of such service will be borne by the Intermediary/Customer. MSIG do not take on any liability or responsibility arising from any deficiency in the service provided by any ISP.
By way of clarification, the parties acknowledge and agree that the actual features and functionalities of the various components of the GenLink Cargo System is subject to change from time to time and that such changes (including deletions thereof) may be made at any time at MSIG’s discretion.
<![if !supportLists]>2. <![endif]>Proprietary Rights for the GenLink Cargo System Only
The Intermediary/Customer acknowledge and agree that as between the Intermediary/Customer and MSIG, the copyright and all other intellectual property rights in the System including but not limited to the term ‘GenLink Cargo’, whether or not protected by registered trademark, patent or other device:
<![if !supportLists]> i. <![endif]>are and will at all times remain MSIG’s exclusive property, and
<![if !supportLists]> ii. <![endif]>such exclusive rights will survive even though the Intermediary/Customer may cease to be a GenLink Cargo Malaysia user.
In particular but without limiting the generality of the above, any sort of replication of the GenLink Cargo Malaysia user interface is an infringement if effected without MSIG’s prior written consent.
<![if !supportLists]>3. <![endif]>Limited License
The Intermediary/Customer is granted a limited licence to display, transmit and/or print Certificates of Insurance and / or certain other identified Policy documents viewed and/or issued through MSIG Malaysia’s GenLink Cargo System solely for or directly in connection with the course of business generated for MSIG in accordance with the terms and conditions of insurance cover referred to in any agency or equivalent agreement that may exist between the Intermediary/Customer and MSIG.
Except as otherwise necessary in the course of business generated for MSIG or as agreed, MSIG Malaysia’s GenLink Cargo System and the facilities (if applicable) MSIG provide under these Terms and Conditions cannot be used to provide a service to any third party including any of the Intermediary/Customer subsidiary, or related or associated companies.
MSIG understands that in the course of generating business on behalf of MSIG, the Intermediary/Customer may have to print or download a part of the data stored in MSIG Malaysia’s GenLink Cargo System. For security reasons, no printed copy or download of the entire facilities can be made by the Intermediary/Customer but MSIG will not unreasonably withhold its consent to any request the Intermediary/Customer may make to print or download a justifiable portion of the facilities in order to aid the generation of business on behalf of MSIG.
In using the System, the Customer/Intermediary agrees to be bound by all rules and regulations concerning confidentiality of information and privacy rules and undertakes to fully comply with all applicable rules and regulations concerning the same, including such additional or amended rules and regulations as may be imposed by MSIG from time to time, including but not limited to such new guidelines, rulings or laws imposed by Bank Negara Malaysia or such other competent governmental or quasi-governmental authority. The Customer/Intermediary undertake to forthwith destroy any information or details that are inadvertently released to them in error or otherwise and, in particular, undertake not to divulge or disclose the said information/details to third parties.
<![if !supportLists]>4. <![endif]>Modifications
It is a breach of these Terms and Conditions for the Intermediary/Customer to modify any Certificate of Insurance or other Policy documents issued through the GenLink Cargo System in any way without MSIG’s prior written consent given through a duly authorised representative.
If a Certificate of Insurance or other Policy document is modified or replaced with MSIG’s written consent, it shall be the Intermediary/Customer responsibility to promptly inform all parties who had received notice of the original document of such change.
<![if !supportLists]>5. <![endif]>Deemed Receipt
As between the Intermediary/Customer and MSIG, every transmission made through the GenLink Cargo System shall be deemed to be received and communicated once it is or should reasonably be accessible at the receiving party’s computer system.
<![if !supportLists]>6. <![endif]>Discrepancies
In the event of any discrepancy between a Certificate of Insurance or other Policy documents issued through the GenLink Cargo System at the Intermediary or the Customer’s terminal and the information contained in MSIG Malaysia’s GenLink Cargo System database transactions, the information contained in MSIG’s database will be deemed as correct.
<![if !supportLists]>7. <![endif]>System Security
The Intermediary and selected Customers will be provided with a mutually agreed number of User IDs and Passwords to enable the Intermediary and selected Customers and where applicable, designated members of the Intermediary/Customer’s staff, to access the GenLink Cargo System for the sole purpose of processing the transactions which the parties mutually agree are to be effected through the GenLink Cargo System. The Intermediary/Customer may only access the Intermediary’s own or the Intermediary’s own client database or the Customer’s database and no other.
The responsibility for ensuring the security of the GenLink Cargo System at the Intermediary/Customer’s premises rests entirely with the Intermediary/Customer and MSIG will not be bound by any attempted delegation of that responsibility by the Intermediary/Customer. The Intermediary/Customer has to discharge this responsibility by means, which must include the following:
<![if !supportLists]>1) <![endif]>each User ID and password must be kept confidential by the Intermediary/Customer, and where applicable, the staff member to whom they are properly disclosed with MSIG’s consent as evidenced by MSIG’s written acceptance of properly completed MSIG’s sanction forms. User IDs and passwords must not be shared or otherwise disclosed to the Intermediary’s clients, business contacts or any other persons and are not transferable; and all activation of the terminal is protected by password.
<![if !supportLists]>2) <![endif]>the password which MSIG will initially issue to the Intermediary/Customer must be changed immediately on the Intermediary/Customer’s first sign-on. Subsequently, the GenLink Cargo System will prompt the Intermediary/Customer to change the Intermediary/Customer’s password at intervals determined by MSIG.
<![if !supportLists]>3) <![endif]>notify MSIG personnel immediately:
<![if !supportLists]>(a) <![endif]>should any User ID or Password issued to the Intermediary/Customer be compromised or
<![if !supportLists]>(b) <![endif]>when a staff member assigned a User ID or Password, resigns or is otherwise no longer to have access to the GenLink Cargo System so that the access to the GenLink Cargo System through that particular User ID and Password can be terminated on time.
<![if !supportLists]>4) <![endif]>selection, implementation and maintenance of appropriate security products, tools tests and procedures reasonably sufficient to ensure that the transactions and the records of transactions effected through the GenLink Cargo System are protected within the Intermediary/Customer’s computer System, from any consequent improper access, loss, alteration or destruction.
Neither party shall do or cause anything to be done to affect the functionality and use of the GenLink Cargo System and the parties do acknowledge that users of the GenLink Cargo System may inadvertently (or otherwise) introduce viruses to the GenLink Cargo System or in some other way adversely affect the GenLink Cargo System by visiting or browsing unsafe or unauthorised or undesirable web sites which may thereafter cause a failure in part or whole of the GenLink Cargo System. Hence, the Intermediary/Customer undertakes that the Intermediary/Customer, their agents or servants shall not participate, whether directly or indirectly, in such activities adverse to the good running of the GenLink Cargo System. The Intermediary/Customer shall be responsible for all losses or damage caused by such willful conduct. Wherever applicable, the Intermediary/Customer shall also install or causes to be installed on its computer licensed reputable anti-virus software to be updated on a regular basis.
<![if !supportLists]>8. <![endif]>Responsibility for Transaction
The Intermediary/Customer agree to be responsible for all use of the GenLink Cargo System under the User ID and Password issued to the Intermediary/Customer regardless of whether authorised by the Intermediary/Customer or not. The Intermediary/Customer shall indemnify and hold MSIG, MSIG’s third party service providers as well as MSIG’s parent, related and associated companies/entities (collectively referred to as “Associates”) harmless for any loss and/or damage and/or any liability and costs arising from any improper and/or unauthorised use of the GenLink Cargo System under the Intermediary (or where applicable, customers) User ID and Password. The Intermediary/Customer remains liable at all times to MSIG for any use of the GenLink Cargo System or liabilities incurred in the GenLink Cargo System using the User ID and Password as aforesaid unless the Intermediary/Customer is able to prove conclusively to the satisfaction of MSIG that the said use of the GenLink Cargo System and/or liabilities were caused or incurred without the lawful authority or assistance of the Intermediary/Customer and that further that the Customer/Intermediary are to show that such usage or liabilities were not caused by the lack of care or negligence on the part of the Intermediary/Customer or its employees, agents or servants.
<![if !supportLists]>9. <![endif]>Assignment
The facilities are made available to the Intermediary/Customer on the understanding that there will be no sub-licensing, assignment, transfer or disposal of the facilities to any other parties without MSIG’s written approval.
<![if !supportLists]>10. <![endif]>Reasonable Endeavours
In view of the nature of computer hardware, software and/or data, MSIG is not in a position to and shall not warrant that the operation of the GenLink Cargo System and any other computer-related facilities that MSIG may provide the Intermediary/Customer (if applicable) will be uninterrupted or error free or virus free or in any way free of bugs or defects. However, MSIG agree to employ reasonable efforts and commercial measures and shall endeavour to correct any rectifiable errors found subject always to the limitation of liabilities as provided herein including but not limited to the Clauses 11, 12 and 13.
<![if !supportLists]>11. <![endif]>Exclusion of Implied Warranties
All liability that is not expressly accepted in these Terms and Conditions is excluded. Except as specifically stated in these Terms and Conditions, MSIG and on behalf of MSIG’s associates disclaim all other warranties whether statutory or otherwise that might otherwise be implied, howsoever arising, whether in contract, tort, negligence or otherwise.
In particular but without prejudice to the generality of the above, MSIG and MSIG’s associates do not warrant that the GenLink Cargo System and/or any other computer related facility that MSIG provide:
<![if !supportLists]>(a) <![endif]>is subject to any minimum standard whether in terms of type, scope or extent or otherwise and MSIG expressly reserve the right to effect changes which may represent a regression from prevailing standards;
<![if !supportLists]>(b) <![endif]>will meet with the Intermediary/Customer requirements or that their use or operation will be uninterrupted or error free.
The Intermediary/Customer assume the risk of and are responsible for taking appropriate precautions against damage to the Intermediary/Customer’s operations or other losses, which could be caused by defects, interruptions or malfunctions in the GenLink Cargo System and /or any other computer related facility MSIG may provide.
<![if !supportLists]>12. <![endif]>Good Faith and Access
It is understood that the doctrine of utmost good faith shall govern these Terms and Conditions and the parties’ mutual business dealings, and that both parties will work together to correct errors and resolve any difficulties that may arise. It is understood that the Intermediary/Customer will allow MSIG’s representatives free and full access to the location and to all documents and records relating to these Terms and Conditions.
<![if !supportLists]>13. <![endif]>Incidental and Consequential Damages
MSIG shall not be responsible to the Customer/Intermediary for any special, incidental or consequential damages including but not limited to loss of profit arising from or as a result of any failure, delay, omission or error in the electronic transmission or receipt of any transaction sent pursuant to these Terms and Conditions.
It is further agreed that MSIG shall not be responsible for any loss howsoever occurring that may be suffered by the Customer/Intermediary or any third party/parties if MSIG suspends the System or any part thereof at any time or if the System ceases to operate for any reason whatsoever.
<![if !supportLists]>14. <![endif]>Modification
Subject to the expressed right of MSIG to vary the terms and conditions herein as expressly provided under Clause 18 herein, the Terms and Conditions may not be limited, modified or supplemented except by a written agreement signed by both parties.
<![if !supportLists]>15. <![endif]>Applicable Law and Jurisdiction
These Terms and Conditions will be governed and construed in accordance with the laws of Malaysia and both parties submit to the exclusive jurisdiction of the courts of Malaysia.
<![if !supportLists]>16. <![endif]>Confidentiality
The Intermediary/Customer is aware that in connection with these Terms and Conditions, the Intermediary/Customer may gain access to and be entrusted with MSIG’s confidential information.
The Intermediary/Customer agrees:
<![if !supportLists]>(1) <![endif]>to treat as secret and confidential all such information, and
<![if !supportLists]>(2) <![endif]>not disclose such information to any other party other than as required by law or as expressly agreed by MSIG in writing.
Confidential Information of MSIG does not include:
<![if !supportLists]>(1) <![endif]>information already known to the Intermediary or any of its employees at the date the Intermediary accept these Terms and Conditions or known to the Customer, which was obtained without breach of confidentiality; and
<![if !supportLists]>(2) <![endif]>information which is or becomes part of the public domain through no fault on the Intermediary/Customer’s part
<![if !supportLists]>17. <![endif]>Enforceability by Third Parties
The Intermediary/Customer agrees that MSIG’s associates and/or authorized third party service providers shall have the right to enforce the relevant provisions of the “Responsibility for Transaction” and “Exclusion of Implied Warranties” provisions of these Terms and Conditions as if the said associates and/or authorized third party service providers have entered into written contract/s directly with the Intermediary/Customer on such terms.
<![if !supportLists]>18. <![endif]>Change of Terms & Conditions
MSIG may unilaterally change these Terms and Conditions for the use of the GenLink Cargo System from time to time by posting a notice of such change on the MSIG website’s and/or GenLink Cargo System and/or by written notice to the Intermediary/Customer. The Intermediary/Customer is responsible at all times for reviewing the information posted online, including such notice of changes.
Once the Intermediary/Customer signs up for this service, the Intermediary/Customer continued use of the GenLink Cargo System constitutes the Intermediary/Customer continuing acceptance of these Terms and Conditions, including such additional or modified terms and conditions as may be made or notified from time to time.
<![if !supportLists]>19. <![endif]>Consent to Use of Personal Data
The Intermediary/Customer hereby agreed that, for the purpose of effecting certain mutually agreed marine insurance transactions electronically, the Intermediary/Customer have consented to MSIG collecting the Intermediary/Customer personal information and MSIG is entitled to hold, use or disclose the information to selected third parties for the purposes of processing the marine certificates and providing subsequent services and other financial products and services. Further, MSIG may disclose such information to selected third parties for data matching, direct marketing, cross marketing or cross selling unless otherwise instructed by the Intermediary/Customer.
<![if !supportLists]>20. <![endif]>Termination
MSIG may, at its sole discretion, without delay and without prior notice to the Intermediary/Customer, terminate the Intermediary/Customer's use of the GenLink Cargo System should the Intermediary/Customer fail to comply with these Terms and Conditions.
<![if !supportLists]>21. <![endif]>Waiver and Severability
The failure of MSIG to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.