- The App and Website are software’s that serve as a medium to provide service and to find information regarding insurance products that can be used by both the potential customer or partner, under Our full management and supervision.
- We have the rights to add, change, or replace in part or in whole, the App and/or the Website, without any obligation to inform You in advance.
- You, as the partner are required to use the App, the Website and/or the Service with care, including but not limited to interactions or transactions whether with customers or insurance companies; and are obliged to follow and to comply with the Terms and Conditions as well as any other policy applied by Us and/or any further agreement entered into with Us.
- FOR THE AVOIDANCE OF DOUBT, WE ARE NOT AN INSURANCE COMPANY; AND WE DO NOT PROVIDE INSURANCE SERVICES. We are not employers of the insurance company and/or partner, hence, we do not hold ourselves out as responsible for any action and/or negligence resulting from partner, insurance company or other parties’ usage of Our App, Website and/or Services. Our Service is only limited to assisting You in offering insurance products provided by insurance companies to the customer as an online platform.
- TERMS FOR USING THE APP
- Without limiting the generality of the foregoing, the App, the Website and the Service are not available for access or use to persons who are not of a Legal Age or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship.
- If You are entering into these Terms and Conditions on behalf of a company, organization or other legal entity, You represent and warrant that You are authorized to do so.
- You as partner have the ability, competency, and all the requirements required to carry out Your task and function as a partner, and hereby state that you will perform Your duties and responsibilities to the best of Your ability, and comply with the applicable Laws and regulations.
- You can only use the App and/or the Web once You have signed up with the App and/or the Web. Upon successfully signing up, the App and/or the Web will provide You with a personal account that can be accessed with the password of your choice.
- Only You may use Your own account and You undertake not to authorize others to use Your identity or account. You may not assign or otherwise transfer Your account to any other parties. You must keep Your account password and any identification We provide You, secure and confidential. In the event Your account is accessed by a third party, which causes any illegitimate or unauthorized uses of Your account or identity, orders generated from the illegitimate or unauthorized uses will still be deemed valid, unless You notify Us immediately of such occurrence.
- You may not harm, tweak or modify the App and/or Web or attempt to harm, tweak or modify them in any way whatsoever. We are not liable if You do not have a compatible device or if You have downloaded the wrong version of the App, the Web and/or the Service to Your device. We reserve the right to prohibit You from further using the App, the Web and/or the Service should You use the App, the Web and/or the Service with an incompatible or unauthorized device or for purposes other than those for which the App, the Web and/or the Service is intended to be used. You undertake that You will only use an access point You are authorized to use.
- You will keep confidential and will not disclose the information You obtained from using the App, the Web and/or the Service.
- By providing Us with the personal information, You represent and agree that You have the right to provide Us with the personal information for Us or other parties that are in cooperation with Us to use.
We warrant that the technology that We use in the development and use of the App and/or Web is Our own and therefore We have the full rights over the App and/or the Web and are not currently in any dispute or litigation regarding the technology that We own.
- YOUR RESPONSIBILITIES
You are obliged to:
- Comply with and adhere to:
- All the rules, strategy, policy, guidelines, command and procedures from Us that might be changed from time to time; and
- Code of conduct for partner, if any, and any other applicable regulations in the Kingdom of Thailand.
- Promoting, marketing, and/or offering the insurance products to the customer or potential customer and ensuring that your actions does not violate the Law or anything that might or will damage Our reputation;
- On behalf of Us:
- At all times maintain honesty and integrity;
- To adhere to and comply with the prevailing Laws, regulations, rules and terms, code of conduct and guidance including and in particular with regards to anti-corruption, money laundering and insurance related, when conducting business, especially with officials, representatives and member of the Government or companies and other entities related to the Government; and
- Give true and accurate information to the customer or potential customer.
- Obtain relevant consents in respect of the disclosure of data and information from the customer or potential customer and ensure such data and information are true, correct and accurate. You will be responsible for false data and information of such customer or potential customer;
- Ensure the data and information from customer or potential customer for the closing request and insurance claim are true, correct and authentic. You will be responsible for false data and information of such customer or potential customer;
- Bear all the costs and expenses incurred during Your work; and
- Do and finish the task, responsibilities, things and functions that are assigned to You from time to time.
- PREMIUM PAYMENT
For the purchase of insurance product by customer, You are required to make premium payment either by transfer to a bank account that We have determined or through other payment methods that We determine from time to time. In connection with that matter:
- ou are required to inform Us of each premium payment that You have made by submitting the proof of payment no later than 1 (one) working day after such payment is made. Premium payment information along with the proof of payment must be sent to the email address firstname.lastname@example.org. Please note that the bank transfer payment method takes a relatively longer time to process as the verification is done manually when compared to payment through virtual account.
- In any circumstances, we will NOT be responsible for any losses, directly or indirectly, resulting from any failure or late premium payment by You and/or customer and/or any failure by You to inform and provide Us with the relevant payment proof in a timely manner in accordance with the provision of paragraph a above.
- In the event that the premium payment is made directly to the related insurance company, We ARE not responsible for any loss, directly or indirectly, that arises in connection with such premium payment, including but not limited to the refusal of claim payment resulting from the premium payment being paid directly to the insurance company.
- BONUS AND FUSE POINT
- You will get a Bonus and “Fuse Point” from Us if You sell the insurance products in accordance to the terms and conditions determined by Us. The provisions for granting Bonus and Fuse Point is at Our full discretion and We have the right to make policies and/or changes at any time.
- In the event of death or mental incapacity of any partner, the Bonus and Fuse Point that are legally obtained will be paid to the bank account registered with Us, after the withdrawal in the App by the representative or a family member.
- WARRANTY; DISCLAIMER
- THE APP, THE WEB AND/OR THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. We do not make any promises or warranties about the App, the Web and/or the Services and in particular do not warrant or provide any other similar assurance that:
- Your use of the App, the Web and/or the Services will be uninterrupted, secure, or error-free or continually be made available;
- the App, the Web and/or the Services will be free from loss, corruption, attack, viruses or other malicious, destructive or corrupting code, agent, program, macro or data, interference, hacking, or other security intrusion, or will be accurate, transmitted in uncorrupted form, or transmitted within a reasonable period of time; or
- the App, the Web and/or the Services will meet Your requirements, including accuracy, timeliness, adequacy.
- We shall maintain and make the App, the Web and/or the Service run smooth and well, to the best of Our reasonable ability, to ensure such App, Web and Services is able to support You in fulfilling Your purposes as stipulated in these Terms and Conditions. We may, in Our sole discretion and without liability to You, periodically suspend access to or use of the App, the Web and/or the Service, or any portion thereof, or otherwise take the App, the Web and/or the Services, or any portion thereof, out of operation, in order to fix software bugs, install updates and run diagnosis and other maintenance of the App, the Web and/or the Services, or any portion thereof.
- To the best of Our knowledge, We established an appropriate and reasonable technical and security measures to keep the App, the Web secure and virus free. However, as reasonably known, We are unable to guarantee further, the security of Our database nor can We guarantee that the information You provide will not be intercepted while being transmitted to Us.
- The App and the Web may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including when the device used by You is faulty, not connected, out of range, switched off or not functioning. We are not responsible for any delays, delivery failures, damages or losses resulting from such problems.
- LIMITATION OF LIABILITIES
- UNLESS OTHERWISE EXPRESSLY PROHIBITED BY ANY APPLICABLE LAWS AND/OR REGULATIONS AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL WE BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES, LOSSES OR EXPENSES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES; DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY; CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH THE SERVICES OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO THE APP, THE WEB AND/OR THE SERVICES, OR ANY PORTION THEREOF, BY ANYONE; LOSS OF THE USE OF THE APP, THE WEB AND/OR THE SERVICES OR ANY PORTION THEREOF OR ANY SERVICES, PRODUCTS, INFORMATION, DATA, SOFTWARE OR OTHER MATERIAL OBTAINED OR DOWNLOADED FROM THE APP OR THE WEB; DOWNTIME COSTS, COST OF SUBSTITUTE GOODS; COSTS OF COVER, FACILITIES, OR SERVICES; COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE APP, THE WEB AND/OR THE SERVICES DIRECTLY OR INDIRECTLY, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF THE APP, THE WEB AND/OR THE SERVICES, WHETHER OR NOT SUCH DAMAGES, LOSSES OR EXPENSES WERE FORESEEN OR UNFORESEEN, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. In no event shall We be liable to You, or any other party, for any losses suffered or incurred by You in relation to or arising from: Your use, access, download or installation of, or the inability to use, access, download or install, the App, the Web and/or the Services (including any financial charges or other liability incurred in connection therewith).
- Subject to Section 1.d of these Terms and Conditions, We shall only be liable for the technology system of the App and/or the Web and not for any other things outside the technology system that may have impact on You or Your effort to perform Your obligations. You expressly waive and release Us from any and all liability, clams or damages arising from or in any way related to things outside the technology system. Provided however that Our liability to You with regards to the technology system shall only be applicable to any damages and/or losses directly caused by the technology system subject to Our Warranty under Section 7 of these Terms and Conditions.
- You shall not raise a claim or complaints in regard to the quality of the Service obtained through the use of the App and/or the Web as it may be impacted by the device being used for the App and/or the Web.
- We are not liable for Your actions which violates or are in contradictory with the terms as mentioned in Section 4.c (ii) of these Terms and Conditions. You shall release and indemnify Us from any liabilities, claims, suits or damage arising from Your such actions.
- In no event shall any officer, director, employee, agent, representative, supplier, or independent contractor of any of Us, have any liability arising from or related to any of the matters stated in these Terms and Conditions.
By using the App, the Web and/or the Services, You agree that You will defend, indemnify and hold Us, Our licensors, related companies, affiliates, and each of Our officers, directors, commissioners, employees, attorneys and partners harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your violation or breach of any of the Terms and Conditions or any applicable laws or regulations, whether or not referenced herein (including without limitation to any other policy applied by Us and/or any further agreement entered into by You with Us); or (b) Your violation of any rights of any third party, whether the potential customer or other parties; or (c) Your use or misuse of the App, the Web and/or the Service. If You are a company or other legal entity, You agree that You are responsible for and authorized to, and agree to be bound by, the activities of Your employees, agents and any other persons authorized or purporting to be authorized to access or use the App, the Web and/or the Services on Your behalf. This indemnification obligation will survive these Terms and Conditions and Your use of the App, Web and/or the Services.
- Subject to Your compliance with these Terms and Conditions, We grant You a limited, non-exclusive, non-transferable, non-assignable, non-sub-licensable, revocable license to download and install a copy of the App on a single mobile device that You own or control and to run this copy of the App solely for the purposes stipulated in these Terms and Conditions.
- You may not (i) copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast, decompile, or disassemble any portion of or otherwise exploit the App, except as expressly permitted under these Terms and Conditions, (ii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the App and/or the software in any way; (iii) create internet "links" to the App or "frame" or "mirror" any software on any other server or wireless or internet-based device; (iv) reverse engineer or access Our software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the App, or (c) copy any ideas, features, functions or graphics of the App, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the App, (vi) use any robot, spider, site search/retrieval App, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the App or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of the proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the App. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Us or Our licensors, except for the licenses and rights expressly granted in these Terms and Conditions. The App, the Web, and the Service are protected by the Law. There are severe penalties, both civil and criminal, for intellectual property infringement. You agree that nothing in these Terms and Conditions shall adversely affect any rights and recourse to any remedies, including to injunctive relief or such equivalent remedy, that We may have under any applicable laws and/or regulations relating to the protection of intellectual property or other proprietary rights.
- You will (i) not send spam or otherwise duplicative or unsolicited messages in violation of applicable Law; (ii) not send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) not send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) not interfere with or disrupt the integrity or performance of the App or the data contained therein; (v) not attempt to gain unauthorized access to the App or its related systems or networks; (vi) not impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity; and (vii) refrain from engaging in any conduct that could possibly damage Our reputation or be considered disreputable.
- We will have the right to investigate and prosecute any violations of the above to the fullest extent it is permitted by the prevailing Laws. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms and Conditions. You acknowledge that We have no obligation to monitor Your access to or use of the App and/or Website, but We have the right to do so for the purpose of operating the App and/or Web, to ensure Your compliance with these Terms and Conditions, or to comply with applicable Law or the order or requirement of a court, administrative agency or other governmental body.
- You are under no obligation to use the App and may simply choose to stop using it at any time by cancelling Your account and permanently deleting the App from Your device, thus disabling Your use of the Application. These Terms and Conditions is automatically terminated when You permanently delete the App from the device.
- You may terminate Your account by informing Us of Your intention to cancel Your account. We will try to do Our best to complete the termination within fifteen (15) business days.
- In considerations of Your rights and obligations as stipulated in these Terms and Conditions, We reserve the right to immediately suspend, restrict or terminate these Terms and Conditions (which may involve Us suspending or terminating Your user account, deleting all files, programs, data, messages, content and other information associated with Your user account, ceasing to provide You with access to or allow You to the use of any or all of the App, the Web and/or the Service, and terminating all rights (including the licenses) granted to You hereunder) promptly and without prior notice if: (i) We have reasonable grounds to suspect that You have breached or violated any provision of these Terms and Conditions, any addendum or additional terms that govern the use of the App, the Web and/or the Service, or the prevailing laws and regulations; and (ii) if We receive a report from government authorities that Your user account has been hacked and/or used in violation of certain laws and regulations. Except as expressly provided herein, We shall not have any liability to You arising from or related to the suspension or termination of your user account, or any rights or licenses granted herein, in accordance with these Terms and Conditions.
- Our waiver or forbearance or failure to claim a breach of any provision of these Terms and Conditions or to exercise any right provided by these Terms and Conditions or the applicable Laws, shall not be deemed to constitute a waiver with respect to any subsequent breach of any provision hereof.
- These Terms and Conditions are drawn up in both English and Thai language, both of which versions will be binding on You and Us. In the event of any inconsistency between the Thai language version and the English version, the English language version will prevail.
- You may not transfer or assign Your rights under these Terms and Conditions, without Our prior written approval. We may assign Our rights under these Terms and Conditions to a third party at Our sole and absolute discretion.
- If any provisions of these Terms and Conditions is held to be invalid or unenforceable, in whole or in part, under any enactment or rule of law, the term or part of it will, to that extent, be deemed not to form part of these Terms and Conditions but the legality, validity or enforceability of the remainder of these Terms and Conditions will not be affected.
- These Terms and Conditions are governed by and to be construed under the Law. Any and all disputes arising between Us and You shall be resolved amicably and when no amicable solution can be reached, such dispute should be brought to the Thailand Arbitration Center (THAC) in Bangkok.
- These Terms and Conditions may be modified, varied and changed from time to time without the need to give prior notification to You. We may, but are not obliged to, notify You through the App and/or email of the modifications, variations and/or changes to the Terms and Conditions. The continued use of the App and/or the Web by You after such modification, variation and changes constitute Your consent to and acceptance of the modifications, variations, and/or changes.
Except as otherwise provided in these Terms and Conditions, all notices or other communications hereunder shall be deemed to have been duly given when made in writing and delivered in person or by courier or deposited in the mail, postage prepaid, registered mail or its equivalent, return receipt requested, and addressed to You at the address supplied to Us by You, or addressed to below (in the case of Us).
c/o AEC Insurance Broker Co., Ltd.
No.1701/3, Phahon Yothin Road, Chatuchak Sub-District, Chatuchak District, Bangkok
In addition to the foregoing, We may, at Our option, give You any notice under these Terms and Conditions electronically. Electronic notice to You shall be deemed to have been duly given when transmitted to an email address furnished by You to Us or in the manner We may prescribe from time to time.
Date of last revision: 17 October 2022