Eservice Term Condition

TERMS AND CONDITIONS FOR THE AIA ESERVICE (the 'General Terms and Conditions')

THIS AIA ESERVICE IS OPENED TO USERS (AS DEFINED BELOW) AND MAY BE USED TO ACCESS INFORMATION, CONDUCT TRANSACTIONS, SUBMIT REQUESTS AND MAKE INQUIRIES ONLINE IN RELATION TO THEIR RESPECTIVE AIA POLICIES. PLEASE READ THESE GENERAL TERMS AND CONDITIONS CAREFULLY. IF YOU AGREE TO ABIDE TO THESE GENERAL TERMS AND CONDITIONS, YOU MAY ACCESS AND USE ANY PART OF THIS AIA ESERVICE.

Definitions:
AIA eService Terms of Use
1. eBenefits is established, operated and maintained by AIA and/or its appointed administrator subject to these General Terms and Conditions, the Terms of Use, the Personal Information Collection Statement, the Privacy Statement and any other terms and conditions AIA may deem applicable.
2. The User agrees to unconditionally accept these General Terms and Conditions and such other terms and conditions as AIA may deem applicable. These General Terms and Conditions may be revised and/or amended from time to time by AIA without prior notice.
3. AIA, at its sole discretion, has the right, from time to time, to determine and vary the scope and type of services to be made available under the AIA eService including, without limitation:-
  - imposing, altering and varying any restrictions to any or all Users on the use of this AIA eService; and
  - prescribing and changing the Normal Service Hours during which any part of the AIA eService is available to Users.
User ID and PIN
1. Issuance of the User ID and PIN:
  - Upon request from the User, AIA may issue a User ID and a PIN to the Policyholders and Brokers, in order for the Policyholders and Brokers to access and use all or part of the AIA eService. The User ID and PIN are delivered by post to the registered address of the Policyholder and Broker at his/her own risk.
  - Members may apply for registration on the eBenefits website to create a User ID and PIN.
  - Agents will use their existing User ID and PIN (issued by AIA) to login directly onto eBenefits.
2. The User shall act in good faith and exercise reasonable care and diligence in keeping the User ID and the PIN (and any subsequently changed User ID and PIN) in safe custody. The User should, and may be requested to, change the User ID and PIN from time to time for security reasons, and the User should not repeat the same User ID and PIN. At no time and under no circumstances shall the User disclose the User ID and/or PIN to any other person or allow anyone else to operate the eBenefits Account on his/her behalf.
3. Upon notice or suspicion of the User ID and/or PIN having been disclosed to any other person or used for any unauthorized purposes, the User shall notify AIA in person as soon as practicable or by telephone at such telephone number(s) as AIA may from time to time prescribe (and AIA may ask the User to confirm in writing any details given) and, until AIA receives such notification, the User shall remain responsible for any unauthorized use.
4. AIA reserves the right at any time to impose fees and charges for the AIA eService with reasonable notice. Any access to the AIA eService with the User ID and PIN of the User shall be deemed to be usage by the User, and the User agrees that the use of the User ID and PIN is adequate identification of the User. The User shall be solely responsible for any accidental or unauthorized disclosure of the User ID and/or PIN to any other person and shall bear all risks associated with the User ID and/or PIN being used or misused by any other persons or for any unauthorized purposes. The User shall be held liable for whatever transactions including the fees and charges (if applicable), as the case may be, for such transactions for which his/her User ID and/or PIN have been used. AIA shall be under no obligation whatsoever to investigate or verify the authority of persons using his/her User ID and PIN, and shall accordingly be entitled to act on instructions without obtaining any further written or other confirmation from the User.
5. The User should not respond to a request purportedly from AIA to provide his/her User ID, PIN, security details or personal information (except for the purposes of logging into the eBenefits Account) as AIA will never make such a request.
Instructions
1. The User is required to quote the User ID and PIN in order to login to and use the AIA eService. Instructions given by the User in connection with the AIA eService shall be considered to be received by AIA if given in such manner as AIA may prescribe from time to time and upon AIA’s actual receipt of the same. AIA’s records of such instruction shall be deemed conclusive.
2. All instructions shall be considered received by AIA on the same day and processed the following Business Day or as soon as practicable if the instructions are received at the Cutoff Time on each Business Day.
3. If an instruction is received on a day which is not a Business Day or is received by AIA after the Cutoff Time, it will be treated as having been received on the succeeding Business Day.
4. All instructions once received by AIA may not be amended, canceled or withdrawn.
5. Information relating to any transaction made available on the AIA eService is for reference only.
6. AIA shall not be liable for any delay or refusal in processing any instruction.
7. AIA will only act on an instruction insofar as it is in AIA’s opinion lawful, practicable and reasonable to do so and in accordance with its regular business practices and procedures, the terms and conditions of the User’s respective policy and these General Terms and Conditions.
8. The User is solely responsible for ensuring the accuracy, adequacy and completeness of all instructions given by him/her through the AIA eService. AIA is not obliged to verify the accuracy, adequacy and completeness of the User’s instructions.
9. The AIA eService may be accessed through the internet, a public system over which AIA has no control. The User must take all reasonably practicable measures to ensure that any computer or device from which he/she utilizes to access the AIA eService is adequately maintained and free of any Viruses.
Cancellation, Suspension and Termination
1. You may cancel the AIA eService at any time in such manner as we may prescribe from time to time.
2. We can suspend or terminate all or any part of the AIA eService at any time and in our absolute discretion with or without notice.
3. We will not assume any liabilities or responsibilities for any suspension or termination of the AIA eService under any circumstances.
4. Any termination or suspension of the AIA eService is without prejudice to and shall not affect the liabilities and rights which have accrued between you and us prior to the date of suspension or termination.
Confirmation and Other Correspondences
Where applicable, AIA will, as soon as reasonably practicable, send confirmation of instructions received, at User’s own risk, to the specified address (postal or e-mail). Such confirmation or other correspondences sent shall be deemed to have been received by the User within one (1) Business Day if sent by post and upon a successful transmission message being obtained, if sent by e-mail or other electronic transmission. It is the duty of the User to check the details as contained in the confirmation and other correspondences, and if the User becomes aware of any error or unauthorized transaction, he/she must notify AIA within a reasonable time after he/she receives such confirmation or other correspondences.
Liabilities of AIA
1. AIA does not warrant that the AIA eService or any functionalities contained therein will be uninterrupted or error free or that any defects therein will be corrected, or that the AIA eService or the tools that make it available are free from Viruses or other harmful components. AIA does not warrant or make any representations regarding the use or the results of the use of the AIA eService in terms of its correctness, accuracy, reliability or otherwise. AIA does not assume, and hereby disclaims, any liability or responsibility to the User or any other person for the consequences arising from or in connection with:-
  - any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure in providing the AIA eService, in transmitting instructions or information relating to the AIA eService caused by any acts, errors, omissions or circumstances including, without limitation, failure of any communication network, act, error or omission of any third party service providers, mechanical failure, power failure, malfunction, breakdown, or inadequacy of equipment, installation or facilities, or any law, rules, regulations, codes, directions, regulatory guidelines or government order (whether or not having the force of law);
  - any transmission and/or storage of any information and/or data relating to the User, the AIA eService and/or instructions conducted by the User pursuant to the AIA eService through or in any system, equipment or instrument of any communication network provider;
  - any Viruses that may infect the User’s and any other person’s computer equipment, electronic device or other property or equipment as a result of the User’s access to the AIA eService or the User’s downloading of any materials, data, text, images, video, or audio from this application to any of the User’s and any other person’s devices;
  - any incompatibility between the system used by the User (which includes, without limitation, computer and software) and the AIA eService;
  - any delay, error, omission and/or refusal by AIA to carry out and/or continue any instruction placed by the User through the AIA eService; and
  - any loss or damage to the User as a result of the User’s instructions being inaccurate, inadequate or incomplete.
2. In no event shall AIA be liable to the User or any other person for any incidental, indirect, general, special, consequential, punitive or exemplary damages including, without limitation, any loss of use, business, revenue, earnings, profits or savings that result from the use by the User or any other person of, or the inability to use, the AIA eService (whether foreseeable or not), even if AIA or an AIA authorized representative has been advised of the possibility of such damage.
3. In no event shall AIA be liable for any disclosure of confidential information not herein authorized where the User has not complied with these General Terms and Conditions or such other security guidelines or recommendations that AIA may issue from time to time.
4. The third parties supporting the AIA eService (including telecommunications companies and system operators designated by AIA) are neither agents of AIA nor do they represent AIA. There is no co-operation, partnership, joint venture or other relationship between such third parties and AIA, and AIA is not responsible for any loss caused by such third parties.
User’s Undertakings and Responsibilities
1. The User shall provide information that AIA may reasonably request for the purposes of providing the AIA eService from time to time.
2. The User hereby undertakes to ratify and confirm all things and matters done by AIA, AIA’s nominees, their respective officers and employees pursuant to or in connection with the provision of the AIA eService to the User.
3. The User further agrees to indemnify AIA, AIA’s nominees, respective officers and employees against all or any losses, liabilities, charges, expenses and penalties of any kind which may be incurred or suffered by AIA or any of them in connection with or as a result of the provision of the AIA eService to the User unless such losses, liabilities, charges, expenses and penalties are directly and solely caused by or due to the gross negligence or willful default of AIA or any of its nominees, respective officers and employees and then only to the extent of direct and reasonably foreseeable loss and damages (if any) arising directly and solely therefrom.
Intellectual Property Rights
1. Other than as expressly set out in these General Terms and Conditions, subject to Clause 9.2 below and except as permitted by applicable law, nothing contained in the AIA eService shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of AIA’s Intellectual Property Rights in the AIA eService.
2. Where the AIA eService utilizes proprietary software of AIA, its affiliates and/or other software supplies, AIA grants to the User a non-exclusive license to use this software solely for the purposes of the AIA eService or such other purposes as AIA shall permit. To the extent that any software or application is made available or provided to the User on or through the AIA eService, AIA grants the User a non-exclusive, limited and personal license to download, install and use the software and/or the application for the User’s own personal, non-commercial use in Singapore only (as the case may be). No other rights to the software and/or the application are granted. All Intellectual Property Rights in the software, the application and/or the AIA eService remains the property of AIA or the relevant licensors or owners of the software or application, and, except as permitted by law, the User may not reverse engineer, decompile, modify, translate, convert, adapt, alter, vary, enhance, add to, delete or in any way tamper withor gain access to any part of the software.
Legal and Tax Implications
Each User is responsible for making his/her own decisions and for obtaining his / her own independent advice on all relevant laws and tax implications in the countries of his / her citizenship, residence or domicile and other professional advice in connection with any transaction.
Evidence of Transactions
AIA’s own records of the transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes. Your use of your User ID and/or PIN to access and use the eBenefits and/or AIA eService will be recognized as your electronic signature and will be legally binding. You accept that electronic records will be admissible as original documents in any court of law and agree that you will not challenge or dispute the accuracy or authenticity of such records.
Governing Law and Jurisdiction
These General Terms and Conditions shall be governed by and construed in accordance with, the laws of Singapore if the policy is issued in Singapore. For policies issued in Singapore, the parties agree to submit to the exclusive jurisdiction of courts of Singapore.
General
1. In the event of any ambiguity or inconsistency between the English and Chinese versions of these General Terms and Conditions, the English version will control and prevail.
2. Words importing the singular shall include the plural and vice versa.
3. Headings are inserted for ease of reference only, save where referred to otherwise, and shall not form a part of the provisions of these General Terms and Conditions.
4. No failure or delay by AIA in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Any remedies provided to us herein are not intended to be exclusive of any other remedy and each and every remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise.
5. Any notice or communication delivered under these General Terms and Conditions personally, sent by post, facsimile transmission, telex, email or placed in your eBenefits Account shall be deemed to have been received by you (where delivered personally) at the time of personal delivery or on leaving it at the address last notified by you to us via such means and in such format and manner as shall be acceptable to us, (where sent by post) forty-eight (48) hours after posting if such address is in the HKSAR Singapore and seven (7) days after posting if such address is outside the HKSAR Singapore or (where sent by facsimile transmission or email) immediately after transmitting to the facsimile number or email address last notified by you to us via such means and in such format and manner as shall be acceptable to us. Notice or communication sent by you to us shall be treated as delivered to us on the day of actual receipt.
6. If any provision hereof shall be declared or adjudged to be illegal, invalid or unenforceable under any applicable law, such illegality, invalidity or unenforceability shall not affect any other provisions hereof which shall remain in full force, validity and effect.
7. A person who has not agreed to be bound by these terms and conditions shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B of Singapore) to enforce any of the terms and conditions herein.

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TERMS AND CONDITIONS FOR THE AIA ESERVICE (the 'General Terms and Conditions')

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