TERMS OF SERVICE FOR MERIMEN EPOLICY
1. ACCEPTANCE OF TERMSMerimen provides its services to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, other guidelines or rules applicable to our services may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Merimen also offers other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICEMerimen provides users with access to an expeditious insurance policy processing system, communications tools and workflow, through its ePolicy Solution (the "Service"). You also understand and agree that the Service may include advertisements. You also understand and agree that the Service may include certain communications from Merimen, such as service announcements and administrative messages, and that these communications are considered part of our Service and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Merimen assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or information. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONSIn consideration of your use of the Service, you represent that you are of legal age and you have been legally authorized by your Company to form a binding contract and are not a person barred from receiving services under the laws of the Malaysia or any other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information as prompted by the Service's registration form and Claim Form (such information being the "Registration Data" and “Claim Data”) and (b) maintain and promptly update the Registration Data and Claim Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Merimen has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Merimen has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Merimen is concerned about the confidentiality and privacy of all its users.
4.1 Information Sharing and DisclosureMerimen does not rent, sell, or share information about you with or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
4.2 Confidentiality and SecurityWe limit access to information to employees who we believe reasonably need to come into contact with that information to provide Services to you or in order to do their jobs. We have physical, electronic, and procedural safeguards that comply with federal regulations to protect all information.
If you have any feedback or queries in relation to the protection of your personal data, you may write to us at [email protected], or contact us by calling +65 6224 0010
5. MEMBER ACCOUNT, PASSWORD AND SECURITYYou will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Merimen of any unauthorized use of the account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Merimen cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
6.1You understand that all information, data, text, software, photographs, graphics, video, messages or other materials ("Content"), posted or transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not Merimen, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Merimen does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Merimen be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
6.2You acknowledge that Merimen may not pre-screen the Content, but that Merimen and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Merimen and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Merimen or submitted to Merimen, including without limitation information in all parts of the Service.
6.3You acknowledge, consent and agree that Merimen may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property or safety of Merimen, its users and the public.
6.4You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
6.5You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Merimen and/or content providers who provide Content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICEMerimen does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Merimen the following world-wide, royalty free and non-exclusive license(s), as applicable:
8. INDEMNITYYou agree to indemnify and hold Merimen and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICEYou agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGEYou acknowledge that Merimen may establish general practices and limits concerning use of the Service, including without limitation, the offers made by the insurers, the claimant’s response, maximum number of days that offers or other uploaded Content will be retained by the Service. You agree that Merimen has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Merimen reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Merimen reserves the right to modify these general practices and limits from time to time.
11. MODIFICATIONS TO SERVICEMerimen reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Merimen shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. TERMINATIONYou agree that Merimen may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Merimen's sole discretion and that Merimen shall not be liable to you or any third-party for any termination of your account or access to the Service.
13. DEALINGS WITH ADVERTISERSYour correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that party. You agree that Merimen shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
14. LINKSThe Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Merimen has no control over such sites and resources, you acknowledge and agree that Merimen is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Merimen shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. Merimen'S PROPRIETARY RIGHTSYou acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Merimen or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Merimen grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Merimen for use in accessing the Service.
16. DISCLAIMER OF WARRANTIESYou expressly understand and agree that:
17. LIMITATION OF LIABILITYYou expressly understand and agree that Merimen shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Merimen has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
18. NOTICEMerimen may provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Service.
19. TRADEMARK INFORMATIONThe Merimen trademark and service marks and other Merimen logos and product and service names are trademarks of Merimen Malaysia Sdn Bhd. (the "Merimen Marks"). You agree not to display or use in any manner, the Merimen Marks.
20. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENTMerimen may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
21. GENERAL INFORMATION
21.1 Entire AgreementThe TOS constitute the entire agreement between you and Merimen and govern your use of the Service, superceding any prior agreements between you and Merimen. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Merimen services, affiliate services, third-party content or third-party software.
21.2 Choice of Law and ForumThe TOS and the relationship between you and Merimen shall be governed by the laws of Malaysia. You and Merimen agree to submit to the personal and exclusive jurisdiction of the courts of Malaysia.
21.3 Waiver and Severability of TermsThe failure of Merimen to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect.
21.4 Non-TransferabilityYou agree that your account with Merimen is non-transferable.
21.5 Section TitlesThe section titles in the TOS are for convenience only and have no legal or contractual effect.