Terms of Service
The Terms of Service of this agreement (“Agreement”) govern your use of the services provided by Rivermains (Company No: 961817-W), a Malaysian entity, either itself or through its subsidiaries or any company within the ______group of companies (“we” or “our” or “us” or “Rivermains”), via electronic platform - the Rivermains web application or Rivermains website or any other platforms designed by us (“Web”). By using the Web, you acknowledge and agree that you have read, understood and agreed to be bound by the terms and conditions, cookies policy and Privacy Policy (“the Agreement”) appearing herein under.
For avoidance of doubt, the Agreement applies to all users of the Web including but not limited to Guests, Visitors and Agents. (“Users”)
RIVERMAINS IS A DIGITAL ASSISTANCE COMPANY THAT DOES NOT PROVIDE INVESTMENT, INSURANCE, TAKAFUL, FINANCIAL SERVICES, INSURANCE BROKING, ADJUSTING, FINANCIAL ADVISORY AND OTHER RELATED PRODUCTS AND SERVICES AND WE ARE NOT AN INSURANCE AGENCY. WE PROPOSE AND DISPLAY BEST DEAL INSURANCE PRODUCTS ON BEHALF OF INSURERS (“Insurance Products”) ON THE WEB AND IT IS UP TO YOU TO MAKE AN OFFER TO PURCHASE. WE ALSO PROVIDE THE AVENUE FOR ROAD TAX RENEWAL ON THE WEB, ISSUED AND DELIVERED BY MYEG (“Road Tax Issuer”). RIVERMAINS DOES NOT PROVIDE THE DELIVERY OF ROAD TAX. THE SERVICE OF RIVERMAINS IS TO LINK YOU WITH SUCH PRODUCTS BUT DOES NOT NOR IS IT INTENDED TO PROVIDE ANY FINANCIAL SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF INSURANCE AGENT. RIVERMAINS IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY AGENTS AND/OR ANY INSURANCE PRODUCTS PROVIDED TO YOU.
- Registration
- From Visitor to
Registered Account
Holder.
- To fully access, experience or to use the Web, the unregistered visitor (“Visitor”) is required to register an account by providing, among others, your corresponding email address, password, or/and other personal information as required by us, whichever applicable, to become our Account Holder.
- We reserve the right to seek more personal information or personal details from you for the purpose of the usage of the Web.
- You acknowledge and understand that you shall provide us with accurate, complete, and updated registration information. In the event of any updates of the personal data, you shall take steps to notify us for such update. Failure to do so shall constitute to a breach of the terms and condition of this Agreement, which may result in immediate termination of this Agreement by us at our discretion.
- While
registering an
account, you
agree and
undertake not
to, inter alia:
- use or select a name as account name with the intent to impersonate that person;
- use or select a name as account name which subject to any rights of a person other than you without appropriate authorization; or
- use or select a name as account name that is otherwise offensive, vulgar or obscene.
- We reserve the right to refuse registration of, or cancel an account at our discretion. You shall be responsible for maintaining the confidentiality of your username and password.
- The account is personal to you and shall not be shared with third parties or transferred to third parties.
- From Visitor to
Registered Account
Holder.
- Content
- User understands that all information, messages, listings, or other materials (“Content“) stored or uploaded in the Web by you or by any party authorised by you (“Authorised Party”) is the exclusive work and property from whom such Content is originated.
- We do not claim any ownership of your Content. You retain copyright and any other rights you already hold in Content which the Authorized Party submit, post, upload or display on or through the Application. When you submit, post, upload or display Content, you grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (and sub-licensable) to archive the Content in accordance with or as reasonably contemplated by this Agreement.
- When any Content
posted, submitted, or
uploaded on the
Application by the
Authorized Person, you
represent and warrant
that:
- you have the right to display and reproduce the Content via the Web. You hereby explicitly give consent to us to use and process any information contained in the Content in accordance with this Agreement;
- if you are not the owner, that you have capacity to use the Content and have been authorized by the owner of the Content to give permission to us to use and process any information contained in the Content, and that you have the right to display and reproduce the Content via the Web in accordance with this Agreement;
- you and your Content do not and will not infringe any rights in relation to the rights of any person or entity, including copyright, moral rights, trademark, patent or right of privacy;
- you or your Content, and your usage, storage, reproduction and display on the App and Web will comply with all applicable law, rules and regulations;
- your Content does not breach any clause of the Agreement; and
- your Content is not misrepresenting, misleading or deceptive.
- The Content shall not contain information that is deemed false, illegal, inaccurate, misleading, misrepresenting, and/or untrue in regards to of any such information;
- We reserve the right to remove any Content posted by you or Authorized Party without serving a notice to you.
- The use of the Web is
subject to our guidelines.
You shall not use, allow, or
enable others to use the
Web, or knowingly condone
the use of the Web by
others, in any manner that
is, attempts to, or is
likely to:
- use any proxy internet protocol addresses (IPs) in order to attempt to hide the use of multiple accounts, disrupt any of our services or to avoid being detected;
- be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
- affect us adversely or reflect negatively on us, the Web, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person from using all or any portion, features or functions of the Web, or from advertising, linking or becoming a supplier to us in connection with the Web;
- send or result in the transmission of junk email, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing” to other User/(s);
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
- violate any laws, regulations, judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person;
- gain unauthorized access to the Web, other Users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Web or to use the Web in any manner which violates or is inconsistent with any terms and conditions of this Agreement;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Web or the rights or use and enjoyment of the Web by any other person;
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, in connection with their or your use of the Web, unless you have obtained the express, prior permission of such other person to do so;
- post or provide false, inaccurate, misrepresenting, misleading, incomplete, defamatory or libelous content;
- take any action that may undermine any ratings system that we may use;
- transfer your account and Users identification to another party without notifying us and obtain consent from us;
- copy, modify, or
distribute:
- content of the Web or
- any of our copyright or trademarks;
- harvest or otherwise collect information about other Users, including email addresses, without their consent;
- forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non- disclosure agreements).
- While we prohibit such conduct and content which is stipulated in Clause 3 of this agreement on our Web, you understand and agree that we shall not be responsible for the Content uploaded on our Web and that you further agree to use the Web at your own discretion.
- We do not manually screen content or control before it is displayed on the Web. Hence, you agree that you are entirely responsible for all Content that you upload, transmit or otherwise make available via the Web.
- Under no circumstances that we will be liable in any way for any Content, including, but not limited to, any errors, fraudulent information, or omissions in any Content uploaded, either by you or by any Authorized Party or 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 Web.
- We reserve the right to stop, reject, or refuse you to post any Content and to remove or edit any Content from the Web, whether or not the Content is expressly prohibited by this Agreement, or to restrict, suspend, or terminate your access to all or any part of the services at any time, for any or no reason, with or without prior notice, and without liability.
- You agree to adhere to our guidelines and if you fail to do so, we reserve our right to suspend or terminate your account without further notice and we shall not be held liable under any circumstances in the event the Users breached any clause in this Agreement.
- We reserve our rights to change, improvise or amend our guidelines from time to time.
- Personal Data provided to us
will be kept confidential,
but you hereby consent and
authorise us to provide or
disclose personal data to
the following parties:
- You may enjoy the Services provide by us after account registration via Web. The Services include but not limited to: - to make the Web available to all Users, to browse and view our Web, to view the recommendations or proposals made available on our Web, to answer questions posted to us on our Web. (collectively referred to “Services”)
- You acknowledge that all information uploaded in the Services are presumed to be accurate.
- You acknowledge and agree that all information contained or indicated within the Product(s) descriptions as part of Services rendered are provided by third-party Insurance Companies and/or Agents.
- You agree that we shall not be held liable for any damages or liability caused, whether directly or indirectly, from any error, deficiency, inaccuracy of information or omission in Services provided via the Web, by Rivermains or by any companies within Rivermains group of companies or business partners to facilitate the Services.
- You acknowledge and agree that Rivermains shall have no responsibility to maintain the records contained in your registered account upon the completion each transaction, subject to system limitations and further notice by us.
- Users shall refer only to the dispute resolution process stipulated in Clause 18 of this Agreement for any attempt to resolve any disputes arose from this Agreement.
- Rivermains provides an online platform through which you can browse Products and Services including but not necessarily limited to motor insurance products, and make offer for such Products and Services. Although Rivermains provides the platform, the Insurance Products are not offered by Rivermains, but provided by third party Insurance Companies and Agents which have been carefully selected by Rivermains.
- Payment
- After the Insurance Policy is concluded between Account Holder and the Insurance Company/Agent and Road Tax issuer, the Account Holder shall pay for the Insurance Product and Road Tax, all at once, to Rivermains. Rivermains will thereafter pay the Insurer and Road Tax issuer without delay. The Road Tax Issuer will then deliver your Road Tax to you within their stipulated delivery time frame.
- The payment shall include a Rivermains Digital Service Fee of 10% on top of the Insurance Product(s) rendered. A further 6% SST fee will be imposed on the Digital Service Fee by the Government of Malaysia. As per detailed within the quotation(s) provided to you. The Digital Service Fee is not applicable to the Road Tax renewal charges.
- The Road Tax Issuer imposes a delivery charge, an e-service charge and SST on top of the Road Tax renewal charges. As per detailed within the quotation(s) provided to you.
- Refund
- A refund on payment made to Rivermains can only be considered if the Insurance Policy has not been effected. You agree that the right to a refund remains at the discretion of the Company, within reasonable consideration.
- If the Company agrees to provide a refund to the Account Holder prior to the Insurance Policy being affected, the amount to be refunded is at the discretion of the Company and will exclude all transaction fees.
- In the event of duplicate payments made by you, with supporting documents provided you, the Company shall refund the duplicate payment in full.
- Insurance Policy
Cancellation
- In the event the Account Holder would like to cancel their Insurance Policy, the Company will guide/aid in the cancellation the Account Holder via the Company’s communication channels.
- Account Holder Benefit
- i. Account Holders shall have the right for Account Holder Benefits, including but not limited to the Account Holder Referral Programme. Account Holders acknowledge that Rivermains shall have absolute discretion to determine the value of the Account Holder Benefits from time to time. Kindly refer to each marketing and promotions’ terms and conditions for more details.
- When you use the Web, we will collect, store and use certain information as described in our Privacy Policy.
- Rivermains uses cookies on the Web. Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Services or a third-party to recognise you and make your next visit easier.
- When you use and access the Service, we may place a number of cookies files in your web browser. We use cookies for the following purposes: to enable certain functions of the Service, to provide analytics, to store your preferences, to enable advertisements delivery, including behavioral advertising.
- We use both session and persistent cookies on the Service. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.
- In addition to our own cookies, we may also use various third-parties’ cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on.
- You may visit the help pages of your web browser to delete cookies or instruct your web browser to delete or refuse cookies.
- Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
- We will not disclose any information made available to us or by Authorized Party, including but not limited to all information contained within our reporting systems and other performance metrics and any other technical or programming information we disclose or make available to you directly or indirectly, whether in writing, orally or visually (“Confidential Information”).
- Confidential Information
does not include information
other than information that:
- is or becomes publicly known and generally available other than through your action or inaction; or
- was already in your possession (as documented by written records) without confidentiality restrictions before you received it from us.
- You acknowledge, consent
and agree that we may
process, access, preserve
and disclose your account
information and Content for
the purpose to provide
Services or if required to
do so by law or in a good
faith belief that such
access preservation or
disclosure is reasonably
necessary to:
- comply with legal process;
- enforce this Agreement;
- respond to claims that any Content violates the rights of third parties;
- respond to your requests for Account Holder servicing; or
- protect our rights, property or personal safety, our Users and the public.
- You acknowledge that we own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Web, and that you will not acquire any rights, titles, or interests in or to the Web except as expressly set forth in this Agreement.
- You shall not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Web or proprietary information related thereto.
- You shall not remove, obscure, or alter our copyright notice or other proprietary rights notices affixed to or contained in the Web by any means which amounting to unauthorized, and unlawful access into our back-end system.
- “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect
- 1. You expressly agree that
we, our directors, officers,
shareholders, employees,
representatives,
consultants, agents,
contractors, and/or
distributors (if any) will
not be liable for any loss
of profits, data, or for any
other indirect, special,
incidental, punitive,
consequential damages
arising out of or in
connection with this
Agreement or other
intangible losses, however
caused, and under whatever
cause of action or theory of
liability brought resulting
from: -
- your access to or use of or inability to access or use the Web;
- any conduct or content of any third party on this Web, including without limitation, any defamatory, offensive or illegal conduct of other Users or third parties;
- inaccuracy or omission of the information that may be extracted from our Services, and/or third-party Products and Services;
- any information contained in the description of the Products and Services available of which obtained from the Web; and
- unauthorised access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
- If you are dissatisfied with any aspect of the Web, or with any of these terms of use, your sole and exclusive remedy is to seek for dispute resolution process as stipulated in Clause 20 or discontinue your access and/or use of the Web.
- You acknowledge that we shall not be able to accurately confirm the identity of other registered Users or prevent them acting under false pretenses or in a manner that infringes the rights of any person.
- You must ensure that your access to this Web and the service is not illegal or prohibited by laws that applicable to you.
- You must take your own precautions to ensure that the process that you employ for accessing this Web and our Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. You shall deliberately indemnify us for any interference or damage to any computer system that arises in connection with your use of the Web or any linked website.
- The Web may display advertisements and promotions. We will also send you information containing advertisements and promotions related to our Services and services of our affiliates and partners. As consideration for access and use of the Web, you agree that we may place advertising on the Web at our sole discretion. You agree that we may change the manner, mode and extent of advertising on the Web without further notice.
- You may unsubscribe by contacting us or by using the unsubscribe option in the email updates that we have forwarded to you, as stipulated in our Privacy Policy.
- 1. You agree to indemnify, and hold us, our agents, affiliates, shareholders, subsidiaries, directors, officers, employees, and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (“Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Web, the use of the Services, any third-party Products and Services and/or your breach of any term of this Agreement.
- We do not represent or
warrant that: -
- access to the Web or any part of it, will be uninterrupted, reliable or fault-free; and
- the accuracy, completeness, and reliability of the Contents that uploaded by other User as reflected in the Web in relation to Services and the third-party Products and Services.
- We will use our best effort to back up all data stored in our server or generated by the Web. You shall be responsible for keeping an independent backup of all data stored or generated. You are also responsible for maintaining accurate data. However, in the event that your records do not correspond with our records, our record shall prevail.
- We shall not be liable to you for any breach for any reason of any delay in performing or failure to perform any due to any cause beyond our reasonable control, including but without limitation to acts of god, explosions, flood, acts of restriction, regulations, by-laws, or measures of any kind on the part or governmental parliamentary or local authority, import or export regulations or embargoes, riot, terrorist attack, threat or preparation of war, interruption of production or operation line, difficulties in obtaining raw materials labour, fuel parts, or machinery break down etc.
- We may suspend or terminate your access to all or any part of the Web at any time, with or without cause, effective immediately. You may terminate your use of the Web at any time, provided that all provisions of this Agreement, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- We will suspend or terminate your access to the Web if you are classified to be, in our sole discretion, a repeat infringer of this Agreement.
- We also reserve the right to suspend or cancel your account that has been inactive for a period of time.
- We may, but shall not be obligated to, reasonably issue you advance infringement warning notice(s) via registered email, if you have violated this Agreement prior to suspension or termination of your account.
- In the event that this
Agreement terminates for
whatsoever reasons, the
following shall be
applicable: -
- your access to the Web shall immediately be terminated;
- we reserve the right to permanently dispose and delete any data held in your registered account without further reference to you; and
- any claim which either party may have against the other in respect of any breach or non-performance or repudiation of any of the provisions of this Agreement which shall have occurred prior to such termination shall not be affected or prejudiced.
- The terms of Clauses shall survive termination of this Agreement.
- We reserve the right to change our terms and conditions herein from time to time. We may change any or all aspects of services provided by the Web at any time and without notice. Nothing in this Agreement will constrain how we operate our business. You shall be responsible to monitor any such modifications from time to time.
- If the alterations constitute a material change to our terms and conditions, we will notify you by posting a notification via Web notice. Usage of the Services by you following such notification constitutes your acceptance of the terms and conditions as modified.
- What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
- If you are disputing payment made, i.e. discrepancies, duplicate payment etc. you may send a written complain with supporting documents to _______. A full refund will be made complain is justified with adequate material evidence.
- If you are dissatisfied with our Services and you are unable to resolve such dissatisfaction with our contact personnel, you may lodge a complaint to show your dissatisfaction at ---------. A formal written response will be sent to you to resolve the issues. If you remain dissatisfied, you may refer the matter to KLRCA (“Kuala Lumpur Regional Centre for Arbitration”) for arbitration. The number of Arbitrators and the language of arbitration shall be agreed by all involving parties.
- The decision of the arbitration shall be final.
- Laws of Malaysia shall be the governing law in this Agreement.
- If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Nevertheless, you may inform us of such dispute for our records, but we are not responsible to resolve or arbitrate or mediate such dispute.
- The Web may contain links to third-party web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You may use the links to Third-Party Sites, and any Third-Party Content therein, at your own risk. We do not monitor or have any control over, and make no claim or representation regarding, Third-Party Content or Third-Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content.
- This Agreement shall be
read in conjunction with
Privacy Policy and shall be
read as one. This Agreement
shall, so far as possible,
be interpreted and construed
so as not to be invalid,
illegal or unenforceable, in
any respect, but if a
provision, on its true
interpretation or
construction is held to be
illegal, invalid or
unenforceable: -
- That term and condition shall, so far as possible, be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; or
- If the term and condition or part of it cannot effectively be read down, that provision or part of it shall be deemed to be void and severable and the remaining provisions of this Agreement shall not in any way be affected or impaired and shall continue notwithstanding that illegality, invalidity or unenforceability.
