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TERMS AND CONDITIONS FOR ACCESS TO OR USE OF THE SMARTTRAVEL SYSTEMS BY INTERMEDIARIES AND POLICYHOLDERS |
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1. Access to or use of
the SmartTravel System (hereafter collectively termed as the "Systems")
is subject to the following Terms and Conditions. The access to or
use of the Systems constitutes your agreement to be bound by all such
Terms and Conditions without limitation or qualification. Winterthur
Insurance (Asia) Ltd. Shanghai Branch. ("Winterthur") reserves
all rights to amend, modify, add, delete or revise in any way these
Terms and Conditions and all materials and contents of the Systems,
at any time. You are bound by such revisions and should periodically
visit this page to review the current version to which you are bound.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, PLEASE
DO NOT USE OR ACCESS THE SYSTEMS. A 2. SECURITY a. b. You shall ensure
that access to or use of the Systems and its information and contents
are limited to authorized personnel only, and such access to or use
of the Systems and its information and contents shall be on a "need-to-know"
basis, so that confidentiality and privacy are maintained. c. You shall ensure
that the information and contents in the Systems are accessed, modified
or edited only by authorized person, thereby maintaining the integrity
of information. d. Your user identification(s)
and password(s) are personal to you. However, we are aware that for
administrative reasons, your user identification(s) and password(s)
may be disclosed to persons under your employment. In that regard,
you shall ensure that your user identification(s) and password(s)
are disclosed only to authorized and fit and proper personnel. Notwithstanding
the generality of the foregoing, you shall be fully responsible and
liable for all activities and/or transactions carried out using your
user identification(s) and password(s). e. You shall notify
us immediately if you suspect that your user identification(s) and
password(s) have been used in an inappropriate manner and/or any of
the information contained on the Systems may be or have been compromised. f. You are responsible
for protecting the information contained on the Systems that is within
your purview. In the event that inappropriate activities and/or transactions
occur under your account, whether with or without your knowledge,
including any loss of information, inaccuracies, inappropriate modifications
or disclosures thereof to anyone who lacks the authorisation or exceeds
his scope of authorization, you shall be personally liable for any
loss, damage, claims and/or expenses arising out of or in connection
to such inappropriate activities and/or transactions. 3. RESTRICTIONS a. b. You may print but
shall not post, reproduce or redistribute the information contained
on the Systems without our prior written permission. c. An intermediary
shall not permit external parties, including without limitation, any
applicants for insurance, past or present policyholders or insured
persons, any access to or use of the Systems. You further undertake
to keep strictly confidential and not to disclose any information
herein contained, save as permitted hereunder or in furtherance of
the objectives of the Systems in respect to the transmission of quotations,
proposal forms, policy schedules, certificates of insurance, tax invoices,
debit notes and renewal notices to customers. d. You shall ensure
that documents issued through the Systems accord with the applicable
written contract between you and us that sets forth the terms and
circumstances under which such documents are to be issued. 4. GENERAL a. The Systems are
not intended to be accessed or used by persons located or resident
in jurisdictions, which restrict the distribution of information,
by us. Such people are required to inform themselves and observe any
relevant restrictions. b. c. d. You should assume
that all the materials and contents of the Systems including without
limitation all marks, logos, names, icons and images are either the
property of or used with permission by us. Accordingly, unless expressly
allowed hereunder or on the Systems, you shall not copy, use, distribute
or reproduce in any way whatsoever, such materials and contents without
our prior written permission. The AXA Group does not warrant or represent
that your use of materials displayed herein will not infringe on the
rights of any third parties. TAKE NOTE THAT any unauthorized
use is strictly prohibited and may violate the law, including without
limitation, copyright laws, trademark laws, any laws of privacy and
publicity and communications legislations, and may be subject to criminal
and/or civil penalties. 5. OUR DATA PRIVACY POLICY a. We are fully committed
to protecting the privacy interests of individuals who provide us
with information about themselves and to complying with the requirements
of the applicable local laws, including any applicable statutes. In
doing so, we instruct our staff to comply with strict internal standards
of security and confidentiality. b. The personal data
of the customers submitted by and collected from you through this
System will be used by us for purposes of processing applications,
assessments and processing of claims and any other administration
relevant to any policy issued by us. Personal data of customers may
be shared in the normal course of conducting insurance administration,
with and amongst the AXA Group or a third party that provides services
to us (e.g. claims, investigations, appraisals, etc), or regulatory
authorities or law enforcers. Personal data of customers may also
be used by us, any member of the AXA Group, or any of these companies
authorized representatives, agents and/or contractors, within or outside
the applicable territory, for marketing purposes and in this connection,
we may transfer or disclose that information to any of those other
companies. We will cease to use such personal data for marketing purposes
if the customer requests that we do so. c. Other than personal
data of customers, any information that you transmit to us through
the Systems, by electronic mail or otherwise, will be treated as non-confidential
and non-proprietary and will become the property of AXA. Such information
may be used for any purpose and transmitted to third parties, including
without limitation, reproduction, solicitation, disclosure, transmission,
publication, broadcast and posting. We shall be free to use any ideas,
concepts, know-how or techniques contained in the communications that
you transmit to us, for any purpose, including development and marketing
of products and services. Statistical information derived from personal
data may be shared with unrelated third parties but will not include
any personal identifiable data. 6. AVAILABILITY OF PRODUCTS The products and services
described herein are available only in the stipulated territories
and to eligible persons. Eligibility criteria are set out in the relevant
product policies and/or service agreements. All transactions are quoted
in and payable in the relevant currency. Price and information are
subject to change without notice. 7. JURISDICTION Subject to the terms
of the applicable insurance policy, any claim or dispute arising out
of or in connection with the use of this website, its contents or
materials shall be referred to and finally resolved by arbitration
in the local territory in which AXA is located, in accordance with
the arbitration rules of such local arbitration centre for the time
being in force which rules are deemed to be incorporated by reference
to this clause. Subject to the terms of the applicable insurance policy,
any claim or dispute aforementioned shall be governed by and construed
in accordance with the applicable local laws. |