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GENLINK  SINGAPORE TERMS OF USE

We, MSIG Insurance (Singapore) Pte. Ltd. ("MSIG Insurance") can provide our selected clients and intermediaries (individually known as "you"), with a non-exclusive and limited right to access and use GenLink Singapore as defined below. We may unilaterally change these Terms and Conditions for the use of GenLink Singapore, from time to time by posting a notice of such change on this site. You are therefore responsible for reviewing the information posted online for notice of such changes.

Once you sign up with us for this service, your continued use of GenLink Singapore constitutes your continuing acceptance of these Terms and Conditions as may be modified from time to time.

The System

GenLink Singapore is the Singapore version of an interactive Internet based general insurance underwriting system, offered by MSIG Insurance, which provides facilities for various transactions within Singapore, like:

  1. Quotations
  2. New Business Acceptances
  3. Renewal Issuance
  4. Policy Inquiries
  5. Claims Notifications and Enquiries
as may be varied from time to time by MSIG Insurance without prior notice ("GenLink Singapore" or "GenLink").

GenLink Singapore is currently only offered to you for the sole purpose of effecting and processing certain mutually agreed general insurance transactions electronically between MSIG Insurance and you, within Singapore.

Transactions will be effected through the Internet. You must therefore take up and maintain a subscription with a reputable local Internet Service Provider (ISP) of your choice in order to access GenLink Singapore. All fees levied by the ISP in respect of such service will be borne by you. We do not take on any liability or responsibility arising from any deficiency in the service provided by any ISP.

Proprietary Rights

You acknowledge and agree that as between you and MSIG Insurance, the copyright and all other intellectual property rights in the system including but not limited to the term ‘GenLink’ and/or ‘GenLink Singapore’, whether or not protected by registered trademark, patent or other device:

  1. are and will at all times remain MSIG Insurance's exclusive property, and
  2. such exclusive rights will survive even though you may cease to be a GenLink Singapore user.
In particular but without limiting the generality of the above, any sort of replication of the GenLink Singapore user interface is an infringement if effected without MSIG Insurance's prior written consent.

Limited License

You are granted a non-exclusive and limited license to display, transmit and/or print quotations, Certificates of Insurance and/or certain other identified Policy documents viewed and/or issued through GenLink Singapore solely for or directly in connection with the purpose of effecting and processing certain mutually agreed general insurance transactions between MSIG Insurance and you in accordance with the terms and conditions of any agreement that may exist between yourself and MSIG Insurance.

For avoidance of doubt, any insurance application that may be made through GenLink Singapore is subject to the written approval and acceptance of MSIG Insurance.

Except as prior agreed by MSIG Insurance in writing, GenLink Singapore and the facilities (if applicable) we provide under these Terms and Conditions cannot be used to provide a service to any third party including any of your subsidiaries, or related or associated companies.

We understand that in the course of placing business with or generating business on behalf of MSIG Insurance, you may have to print or download a part of the data stored in GenLink Singapore. For security reasons, no printed copy or download of the entire facilities can be made by you but we will not unreasonably withhold our consent to any request you may make to print or download a justifiable portion of the facilities in order to aid the placement of business with or generation of business on behalf of MSIG Insurance.

Modifications

It is a breach of these Terms and Conditions for you and/or any of your staff and representatives (collectively known as "Representatives") to modify any quotations, Certificate of Insurance or other Policy documents that are permitted by MSIG Insurance to be issued through GenLink Singapore in any way without prior written consent given by us through a duly authorised representative.

If a quotation, Certificate of Insurance or other Policy document is modified or replaced with our written consent, it shall be your responsibility to promptly inform all parties who had received notice of the original document of such change.

Deemed Receipt

As between you and us, every transmission sent by either one of us("the Sender") to the other("the Receiving Party") through GenLink Singapore shall be deemed to be received and communicated once it is recorded by the Receiving Party's (including your Representatives') computer system whether or not accessed.

Binding Effect of Documents

As between MSIG Insurance and the Policyholder, no Certificate of Insurance or Policy document permitted by MSIG Insurance to be issued through GenLink shall be binding on MSIG Insurance unless manually counter-signed by your duly authorised Representative(s) whose particular(s) and sample signature(s) must be provided by you to MSIG Insurance and acknowledged by MSIG Insurance, before you and your Representatives begin to use GenLink Singapore.

Discrepancies

In the event of any discrepancy between a quotation, Certificate of Insurance or any other Policy documents issued through GenLink Singapore at your or your Representatives' terminal(s) and the information contained in MSIG Insurance's GenLink Singapore database transactions, the information contained in MSIG Insurance's database will be deemed as correct.

MSIG Insurance shall have no responsibility for the accuracy or completeness of data which is no longer within MSIG Insurance's control or which is entered into GenLink Singapore by you or your Representatives. MSIG Insurance shall also have no responsibility for the integrity or security of data once it is downloaded by your or your Representatives or is otherwise in your or your Representatives' custody or control.

System Security

You will be provided with a mutually agreed number of User IDs and Passwords to enable you and where applicable, your Representatives, to access GenLink Singapore for the sole purpose of processing the transactions, which we mutually agree in writing, are to be effected through GenLink. You may only access your own (if you are a client) or your own client database (if you are an intermediary) and no other.

The responsibility for ensuring the security of the GenLink Singapore system at your or your Representatives' premises rests entirely with you and we will not be bound by any attempted delegation of that responsibility by you. You have to discharge this responsibility by means, which must include the following:

  1. each User ID and password must be kept confidential by you, and where applicable, your Representatives to whom they are properly disclosed with our consent as evidenced by our written acceptance of properly completed MSIG Insurance sanction forms. User IDs and passwords must not be shared or otherwise disclosed to your clients, business contacts or any other persons or parties and are not transferable;
  2. all activation of the terminal(s) is protected by password;
  3. the passwords which we will initially issue to you must be changed immediately on your or your Representatives' first sign-on. Subsequently, the system will prompt you and your Representatives to change your respective passwords at three monthly intervals;
  4. notify MSIG Insurance personnel immediately:
    (a) should any User IDs or Passwords issued to you be compromised; or
    (b) when any of your Representatives assigned a User ID or Password, resigns or is otherwise no longer to have access to GenLink so that the access to GenLink through that particular User ID and Password can be terminated on time; and
  5. 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 GenLink Singapore are protected within your or your Representatives' computer systems, from any consequent improper access, loss, alteration or destruction.

Responsibility for Transaction

You agree to be responsible for any and all use of GenLink Singapore under the User IDs and Passwords issued to you for your and where applicable, for your Representatives' access to GenLink Singapore, regardless of whether authorised by you or not. You shall indemnify and hold us, our third party service providers as well as our 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, unauthorised and/or illegal use of GenLink Singapore by you and any of your Representatives.

Assignment

The facilities are made available to you on the understanding that there will be no sub-licensing, assignment, transfer or disposal of the facilities to any other parties without our written approval.

For the purpose of this clause, a change in the controlling ownership of your capital stock from that prevailing as at the date you first accept these Terms and Conditions shall be deemed to be an assignment under this clause.

Reasonable Endeavours

Because of the nature of computer hardware, software and data, we cannot guarantee that the operation of GenLink Singapore and any other computer-related facilities that we may provide you (if applicable) will be uninterrupted or error free but we do agree to employ all reasonable, commercial measures within our means to correct any rectifiable errors found.

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, we 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, we and our Associates do not warrant that GenLink Singapore and/or any other computer related facility that we provide:
(a) is subject to any minimum standard whether in terms of type, scope or extent or otherwise and we expressly reserve the right to effect changes which may represent a regression from prevailing standards;
(b) will meet with your requirements or that their use or operation will be uninterrupted or error free.

You assume the risk of and are responsible for taking appropriate precautions against damage to your and your Representatives' operations or other losses, which could be caused by defects, interruptions or malfunctions in GenLink Singapore and /or any other computer related facility we may provide.

Good Faith and Access

It is understood that the doctrine of utmost good faith shall govern these Terms and Conditions and our mutual business dealings, and that both parties will work together to correct errors and resolve any difficulties that may arise.

It is understood that you will allow MSIG Insurance's representatives reasonable access to the location and to all documents and records relating to these Terms and Conditions.

Exclusion of Liability

MSIG Insurance will not be liable for any damages, loss or expense including without limitation, direct, indirect, special, incidental or consequential damages or economic loss arising from or as a result of any failure, delay, omission or error or computer virus in the electronic transmission or receipt of any transaction sent pursuant to these Terms and Conditions.

Change of Terms & Conditions

These Terms and Conditions may not be contradicted, modified or supplemented by you except by a written agreement signed by both of us.

Applicable Law and Jurisdiction

These Terms and Conditions will be governed and construed in accordance with the laws of Republic of Singapore and both of us submit to the exclusive jurisdiction of the courts of Singapore.

Confidentiality

You are aware that in connection with these Terms and Conditions, you and your Representatives may gain access to and be entrusted with MSIG Insurance's confidential information. You agree for yourself and your Representatives:

  1. to treat as secret and confidential all such information, and
  2. not disclose such information to any other party other than as required by law or as expressly agreed by us in writing.

Confidential Information of MSIG Insurance does not include:

  1. information already known to you or any of your Representatives at the date you accept these Terms and Conditions, which was obtained without breach of confidentiality; or
  2. information which is or becomes part of the public domain through no fault on your part.

You are fully liable for any breach of the above confidentiality provisions by you and/or any of your Representatives.

Enforceability by Third Parties

You agree that our Associates and Third party service providers shall have the right but not the obligation to enforce the relevant provisions of the "Responsibility for Transaction" and "Exclusion of Implied Warranties" provisions of these Terms and Conditions as if they had directly entered into a contract with you to protect their own rights and interests on such terms.

You further agree that except to the extent necessary for our Associates and Third Party service providers to exercise their rights under the two provisions identified above, The Contracts (Rights of Third Parties) Act (Cap. 53B) or any statutory modification or revision of that Act, shall not apply to these Terms and Conditions.

Termination

We reserve the right to terminate your and/or any of your Representatives' access to GenLink Singapore immediately at our sole discretion, without any notice, for any reason.

We will not be liable to you, your Representatives and/or any third parties for any termination of your and/or your Representatives' access to GenLink Singapore.

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