A terms of use is an agreement that a user must agree to and abide by in order to use a website or service.
Conditions of use
- By using this website, you agree to the following conditions of use. Please read these conditions carefully before using this website.
- If you do not agree to these Terms of Use, you must not access or use this website.
- We may amend these Terms of Use from time to time, without providing notice to you and without giving any reason for doing so, by posting an updated version of the Terms of Use on the website. You should regularly check these Terms of Use for any amendments. If these Terms of Use are amended, you must comply with the updated Terms of Uses. If you do not agree to the updated Terms of Use, you must immediately cease using the website.
Evidence of transactions
DearTime’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 account and/or password to access or use this website and/or online facilities including access to your policy records and our online services will be recognized as your electronic signature and will be legally binding. To the extent permitted by law, you accept that DearTime’s 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.
Indemnity
Third party links
- This website provides links to other websites which are not controlled by us. Those links are provided for your own convenience only and we are not responsible for their use, effect or content.
- We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those sites, nor do we endorse any information, opinion, goods or services referred to on them. You acknowledge and agree that you access such websites at your own risk.
Limitation of liability
- You agree that your access to, and use of, the website is at your own risk.
- To the fullest extent permitted by law, we exclude from these Terms of Use all representations, guarantees, conditions, warranties, rights remedies, liabilities and other terms that may be implied by statute, general law or custom, except any guarantee or right conferred under any legislation, the exclusion of which would contravene legislation or cause part or all of this clause to be void.
- To the fullest extent permitted by law, we exclude all responsibility and liability arising from or in connection with your use of the website, including, without limitation:
- any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses; and
- any other Losses, even if we or our authorised representative has been advised of the possibility of such damages.
- We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website.
Jurisdictional issues
Except as expressly set forth herein the information contained on this website is not an offer to sell or a solicitation to buy any security, insurance product or other product or service by us. No security, insurance product or other product or service is offered or will be sold by DearTime, or if sold by DearTime, will be effective in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions.
No offer
Information provided on this website should not be construed as an offer of securities for sale nor a solicitation of an offer to purchase securities. Past performance is not necessarily an indication of future performance. Any person considering an investment in the securities of DearTime should seek independent professional advice prior to making any investment decision.
Ownership of information
Any information, other than personal data or personal information, you transmit to us via this website, by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary and will become our property. Such information, other than personal data or personal information, may be used by us for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast and posting. We may use any ideas, concepts, know-how, or techniques contained in any communication you send to us via this website for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. You waive all applicable rights you may have in any information (other than personal data) you transmit to us via this website or otherwise, for the purposes of this section of the Terms of Use.
Any personal information submitted to us using the website will be subject to DearTime’s Privacy Statement available at https://www.deartime.com/privacy-statement/.
Intellectual property
This website is owned and operated by DearTime. All copyright and other intellectual property rights in the website are proprietary to us and our licensors. Other than as expressly set out in these Terms of Use and except as permitted by applicable law, you must not (and must not attempt to):
- use, copy, reproduce, republish, modify, store in a retrieval system, create derivative works or use in any other way for public or commercial purposes any part of the website;
- distribute, translate, modify or tamper with, any part of the website;
- create derivative works of or from any part of the website;
- sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms of Use; or
- permit or assist any person to engage in any act described in paragraphs (1) to (4) above.
Performance of the website
- We will use reasonable endeavours to generally make the website available during our normal business hours. However, the availability of the website depends on various third party suppliers, and accordingly, we do not warrant or guarantee:
- that you will be able to use the website at any time; or
- that your use of the website will be continuous, uninterrupted, secure or error-free.
- You acknowledge that the website may not be available for use from time to time, and that you may be disconnected from your use of the website at any time for any reason, including if:
- any network connection difficulties occur;
- the systems providing those services are unavailable for any reason (including so that maintenance can be performed);
- you breach any of these Terms of Use; or
- we decide to terminate, suspend or block your access to the website for any reason.
- We make no guarantee as to the reliability or other performance of the website. The performance of the website depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the systems which support the website.
- The information available through the website is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the website is or will be current, complete or accurate at all times. You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the website is current, complete and accurate before using it. We are not responsible for any Loss you suffer or incur as a result of your failure to comply with this clause.
Software licences
To the extent that any software is made available or provided to you on this website, we grant you a non-exclusive, limited and personal licence to download and use the software for your own personal, non-commercial use only. All rights including intellectual property rights in the software remain our property or the property of the relevant licensors or owners of the software and, except as permitted by law, you may not reverse engineer, decompile, modify or tamper with the software.
Security reminder
While there is inherent risk in doing business with anyone over a public medium like the Internet, we have implemented measures to reduce these risks. In order to safeguard and protect your privacy, please ensure you have installed up to date virus protection.
Inconsistency in wordings
If there is any ambiguity or inconsistency between the English and local language versions of these Terms of Use, the English version will prevail.
No waiver
We do not waive any right, power or remedy in connection with these Terms of Use if we fail to exercise or delay in exercising the right, power or remedy.
Severability
The invalidity, unlawfulness or unenforceability of any provision in these Terms of Use in any respect under applicable law shall not affect the validity, legality or enforceability of the remaining provisions hereof.
Governing law and jurisdiction
These Terms of Use will be governed by the laws of Malaysia and the parties agree to submit to the exclusive jurisdiction of the courts of Malaysia.
Defined terms and interpretation
In this document:
- DearTime means DearTime Berhad and its subsidiaries.
- Device means your own internet-enabled device that is compatible with the website and has a current and working internet connection.
- Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise.
In this document, a reference to ‘we’, ‘us’ or ‘our’ is a reference to DearTime.
