Terms & Conditions
YOU SHOULD READ ALL OF THE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE THE WEBSITE AS YOU WILL BE LEGALLY BOUND BY THEM
The following Terms and Conditions govern your use of this Website. Your access to and use of the Website constitutes your acceptance of these Terms and Conditions. These Terms and Conditions are applicable only to persons accessing the Website. There may be separate terms and conditions that apply if you access other pages or follow links from the Website. It is your responsibility to check and read such terms and conditions where applicable. Additional Terms and Conditions will apply to specific user and these will be specified accordingly.
The Company may, from time to time, without prior notice, make amendments to these Terms and Conditions. You are legally bound by such revisions and should, at regular intervals, visit this page to read the latest version of the Terms and Conditions which become controlling when posted on the Website.
The following words and phrases will have the meanings set opposite them unless the context indicates otherwise:
Additional Terms and Conditions means such terms and conditions which are applicable to particular persons as specified in addition to these Terms and Conditions.
Company, us or we means each of the following as applicable:
a. Aviva Ltd.
b. Navigator Investment Services Limited; and
c. Aviva Asia Pte Ltd.
Confidential Information means:
a. the Material in the Secured Site;
b. the Secured Site;
c. information relating to the Company, its customers (including Personal Information, policy details, health and financial information) or its business which is disclosed to (or is otherwise acquired by) you, your employees, agents or contractors, by or on behalf of the Company, and which is not publicly available; and
d. all other information disclosed in circumstances which a reasonable person would consider to be confidential.
Customer means a user of the Website including but not limited to the Policyholder, Intermediary, Financial Adviser, Financial Adviser Representative or the respective parties’ representative, personnel, staff or employee who, may have access to the Secured Site through the use of the User Name and Customer Password.
Customer Password means the password or other means of authentication prescribed by the Company and, from time to time, provided to or used by the Customer for access to the Secured Site, which may be changed by the Customer thereafter for security purposes.
FAA means the Financial Advisers Act (Chapter 110) as may be amended from time to time.
Financial Adviser means a person or company, who carries on a business of providing Financial Advisory Services and is licensed or exempt as defined in the FAA and who has entered into a distribution agreement with Aviva Ltd and / or Navigator Investment Services Ltd and who, by using its User Name and Customer Password, accesses the Secured Site.
Financial Adviser Representative means a person who is defined in the FAA as a person employed by, or acting for or by arrangement with, a Financial Adviser who performs on behalf of the Financial Adviser, any Financial Advisory Service, whether or not he is remunerated, and whether his remuneration, if any, is by way of salary, wages, commission or otherwise, and includes any officer of the Financial Adviser who performs for the Financial Adviser any Financial Advisory Service whether or not he is remunerated, and whether his remuneration, if any, is by way of salary, wages, commission or otherwise and who, by using its User Name and Customer Password, accesses the Secured Site.
Financial Advisory Services means the types of financial advisory services as set out under the Second Schedule of the FAA.
Intermediary means a person or entity (including its employee or representatives) who, as an agent for an insured or policyholder arranges a contract of insurance under the Insurance Act.
Material means articles, data, reports, opinions, financial and investment-related data, calculators, documents and other information or material including images and graphics posted and/or made available on the Website by the Company from time to time.
Messages include all directions or requests communicated from time to time electronically between you and the Company.
Personal Data means personal data as defined under the Personal Data Protection Act 2012.
Personal Information means all information including Personal Data, health and financial information provided by you to the Company from time to time.
Person or Persons shall be deemed to include an individual or other legal entities or bodies, corporate or unincorporate.
Policyholder means a Person who is the legal owner of insurance policy(ies) or plan(s) with the Company.
Secured Site means the secured sections of the Website which can only be accessed by the Customer with a User Name and Customer Password.
Terms and Conditions means the terms and conditions in the Website and Additional Terms and Conditions as may be applicable and / or amended, varied, or modified from time to time.
User Name means the Customer login identification provided to Customer by the Company to enable access to the Secured Site, which may be changed by the Customer thereafter for security purposes.
Website means the applicable websites, listed below, accessible by the domain names set out opposite each of them:
a. the website at http://www.aviva.com.sg;
b. the Secured Sites.
You means the Customer save where indicated otherwise and your has a corresponding meaning.
Restrictions On Use Of Website
- must not use or act on or through the Website, directly or indirectly, to commit any crimes;
- must not act on or through the Website so as to interfere with or disrupt Internet users, service providers, or their computers, software or hardware. Such actions include, but are not limited to, the circulation of any unsolicited publicity or advertising material, propagation of computer worms or viruses, using the Website to gain unauthorised access to any other computer, sending harassing, obscene, indecent, offensive or threatening electronic mail, forgery (or attempted forgery) and creation of false electronic mail messages or websites and the replacement, transmission or storage of any defamatory material on the Internet;
- must not access, or permit any other party to access, the Website for any purpose or activity of an illegal, fraudulent or defamatory nature;
- agree not to reproduce, frame, transmit, broadcast, adapt, modify, reverse assemble or reverse decompile the Website, or any of its component parts;
- must comply strictly with these Terms and Conditions and all other directions issued from time to time by the Company relating to your access and use of the Website; and
- warrant that in accessing and using the Website, you will not breach any law or code, including without limitation, any copyrights, patents, trade secrets, confidential information or other intellectual property rights belonging to us or any other person and any law or code (where applicable) relating to the collection, use, disclosure and protection of Personal Information.
Unless labelled to the contrary, the Company owns or uses under licence all intellectual property rights in all works and Material on this Website. You must not remove or modify any notices of attribution or copyright. The Website contains names and logos which are registered and unregistered trademarks of Aviva plc group of companies. Any use of the trademarks including names and logos, without our prior approval, would constitute an infringement of these trademarks and is strictly prohibited. Nothing contained in this Website should be construed as conferring, by implication, estoppel or otherwise, a licence or right to use any of the trademarks.
The information contained on the Website does not constitute a distribution, an offer to sell or the solicitation of an offer to buy. Some products or services detailed on the Website are only available to persons in certain named countries. Your local legislation may not permit us to offer products or services to you in your own country. We reserve the right to determine the eligibility of any user for any product or service. Please check with your local financial adviser as to whether such products or services are available in the country in which you are resident.
Not Advice or Offer or Solicitation
The Material on the Website is of a general nature and for information only and is not intended to be financial product advice or an offer or solicitation to sell any product or service. The Material and information does not take into account your particular investment objectives, financial situation and needs, legal, tax or accounting advice. Accordingly, you should assess whether the Material is appropriate in the light of your individual circumstances, and/or the individual circumstances of your employee or any person you are acting for, before acting or advising on the Material. If you are a policyholder, we recommend that you discuss any specific matters with your financial adviser prior to making any decisions.
The Website is provided on an "as is" and "as available" basis. To the extent permitted under applicable law, all warranties of any kind, whether express or implied including but not limited to implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement of third party rights are disclaimed. The Material may incorporate information obtained from third parties (including but not limited to unit prices), the accuracy of which may not have been established by the Company. The Company gives no warranty as to the accuracy, timeliness, adequacy or completeness of the Material, and accepts no responsibility for any errors or omissions in the Material however arising (including but not limited to errors or omissions arising as a result of the negligence of the Company, its directors, employees, agents or representatives).
If you are dissatisfied with any portion of the Website, or with any of these Terms and Conditions, please discontinue using the Website.
You acknowledge that:
- in accessing the Website or the Material, you may acquire Confidential Information from the Company;
- the Confidential Information comprises information that is valuable and may cause serious damage and loss (including to third parties) if it is improperly disclosed or used.
You must hold all Confidential Information in confidence and may not make any use of it except for the purposes of, or as authorised under, these Terms and Conditions (or as otherwise approved by the Company), and may not disclose or permit or cause the Confidential Information to be disclosed to any person except a person authorised by the Company to receive it or where the disclosure is authorised under these Terms and Conditions. You are liable for any misuse of the Confidential Information by you.
Restrictions on Use of Materials
This Website is owned and operated by Aviva Ltd. Except as otherwise expressly permitted by Aviva, no Materials from this Website or any Secured Site owned, operated, licensed or controlled by Aviva may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download Materials displayed on this Website for your use only, provided that you also retain all copyright and other proprietary notices contained on the Materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Website for public or commercial purposes, including the text, images, audio, and video without our prior written permission. We neither warrant nor represent that your use of Materials displayed on this Website will not infringe rights of third parties.
Sending of Messages
Certain portions of the Secured Site offer you the ability to send and receive electronic mail messages ("email"). Email functionality, if any, is provided to you to facilitate communications between you and the Company. You should regularly access your mailbox to read your emails and ensure that old mails are archived and that your mailbox size is not exceeded.
The Company shall have no liability for any loss or damage that results from:
a. interception and / or unauthorised use by third parties of any information you send by email or;
b. unaccepted email requests, orders or instructions or;
c. the Company not having received email requests, orders or instructions even though it has been sent or;
d. you not receiving any of your emails for whatever reason whatsoever or;
e. the deletion or removal of any of your emails by the Company as part of its housekeeping process or;
f. the termination and deletion of your email accounts by the Company for any reason whatsoever.
You must ensure that all Messages sent by you to the Company are timely, complete, and accurate. The Company has absolute discretion in deciding which requests, orders, or instructions can be made via email and the Company will inform a Customer if it rejects any requests, order or instructions sent by a Customer by email. If there is evidence that a Message has been corrupted by the Company or if any Message is identified or capable of being identified as being incorrect, you must re-transmit that Message as soon as practicable after becoming aware that the Message has been corrupted or is, or is capable of being, incorrect, together with a clear indication that it is a corrected Message. All Messages are effective only when they have been completely received by the Company and the responsibility is yours to ensure that the Message is received by the Company.
The Company shall not be liable for any direct, indirect, incidental, special or consequential, punitive damages or economic loss, suffered as a result of:
a. the use of, misuse of or inability to use the Website (or any other linked website) by you or anyone else;
b. any malfunction, breakdown or error in the Website, howsoever caused;
c. the Material on the Website or any information, data or material from any other linked website;
d. any cessation, suspension or termination of the Website howsoever caused including any negligence in respect thereof, even if the Company, its directors, employees or authorised representatives have been advised of the possibility of such damages, losses and/or expenses. In no event shall the Company's liability to you for all damages, losses (whether in contract or tort including but not limited to negligence howsoever caused or arising) exceed the amount paid by you, if any, for accessing the Website.
You must indemnify the Company, its directors, employees and agents and hold them indemnified, against:
a. all actions, claims, suits, proceedings, causes of action and demands that are made by any person in connection with your use (or misuse) of the Website or the Material; and
b. all losses, costs, expenses and damages incurred by the Company in connection with a breach by you of any provision of these Terms and Conditions.
Acts by any person on your behalf
You are liable to the Company for any acts, failures or omissions (including negligence and any changes in the data comprising any Message), by any person used by you or acting on your behalf to transmit, log or process Messages as if they were your own acts, failures or omissions. For the purposes of these Terms and Conditions, any person appointed or engaged by you or used by you in this manner will be deemed to be your agent acting on your behalf.
Intermediary, Financial Advisers and Financial Adviser Representative
The Intermediary, Financial Advisers and Financial Adviser Representative referred to or mentioned in the Website are not, nor can they be construed as, representatives, agents or employees of the Company. The Company does not in any way endorse, recommend or guarantee the competence, experience, probity, suitability, performance, value, quality or level of service of any Intermediary, Financial Adviser or Financial Adviser Representative and we recommend that you conduct your own enquiries to satisfy yourself as to the competence of and accuracy of any information in respect of the Intermediary, Financial Advisers or Financial Adviser Representative. All dealings with any Intermediary, Financial Adviser or Financial Adviser Representative by you are at your own risk and you shall have no recourse against the Company for whatever reason.
The Company reserves the right to remove from the Website information relating to a particular Intermediary, Financial Adviser or Financial Adviser Representative at any time, with or without cause. If this occurs, you will not be able to access information provided by that Intermediary, Financial Adviser or Financial Adviser Representative.
The Website may provide links to other websites or permit third parties to link to the Website. Links to or from a third party site, whether provided by the Company or not, do not imply an endorsement, approval, or verification of any content available on such third party sites by the Company nor the people who run or contribute to such sites. The Company is not responsible or liable for the accuracy or completeness of the content on any such third party sites. You access these third party websites at your own risk.
Your access to the Website may be terminated by the Company in its sole discretion at any time without notice. The limitations of liability and disclaimers made by the Company in these Terms and Conditions will survive any termination of access to the Website.
Rights of Third Parties
The Contracts (Rights of Third Parties) Act (Cap 53B) shall not apply to these Terms and Conditions.
What Personal Information is Collected
The Personal Information collected by the Company about you will depend on your use of the different functions available on the Website.
- If you visit the Website for any reason, including to read, browse, download information, or send Messages, our systems will record your server address, the date and time of your visit and Personal Information provided by you via the Secured Site to the Company.
- If you are accessing the Secured Site to request reports, our systems are able to match your password to enable you to access information on your investments recorded on our system.
The Company reserves the right to use "cookies" so that we may track your preferences and usage patterns to allow for improvements to the Website and also for planning, product development, marketing and research purposes including improvements and enhancements in our service to you. We may also collect IP addresses to help us diagnose problems.
Disclosure of Personal Information
The Company may, in its absolute discretion, reveal or release your Personal Information to a third party where this is required or necessary.
If you are an investor or policyholder, you authorise the Company to provide relevant Personal Information to your Financial Adviser Representative.
Security of Personal Information
The Company has implemented suitable security processes and technologies to protect collected Personal Information and to protect it from incorrect use and unauthorised access.
How to access and change your Personal Information
You can change:
- your Customer Password
- your Username, and other Personal Information, such as address and contact details on the Secured Site.
If you have provided your consent, the Company may use your information to keep you informed by post, telephone, e–mail, text messaging or other electronic means, about insurance and financial products and services which may be of interest to you. Your information may also be used for these purposes after your policy has lapsed.
However, you can contact us at any time to withdraw your consent for your information to be used for the above purposes.
Personal Data Protection Policy
You may refer to our Personal Data Protection Policy for more information on the collection, use, disclosure and protection of your Personal Data as well as information on how to access and change your Personal Data and/or Marketing consents.
These Additional Terms and Conditions apply to Customers who have access to and use of our Secured Site.
Access to the Secured Site
Two factor authentication is an additional layer of security used by the Secured Site to verify your online identity. The Company may use a combination of User Name, Customer Password and One–Time PIN to authenticate you before providing you access into the Secured Site.
The Company will send to Customer his User Name and Customer Password by post or electronically and Customer's access to the Secured Site can only be activated after his first sign on to the Secured Site by using his User Name and Customer Password. Customer must notify the Company immediately if he does not receive his Customer Password within one (1) month after receipt of his User Name.
The Company may send to Customer a One-Time PIN via SMS to Customer’s registered mobile number or the One-Time PIN can be retrieved via Customer’s security token. Customer shall maintain and promptly update his Personal Information through the Secured Site to keep it true, accurate, current and complete at all times. The Company has the right to suspend or terminate Customer's access to the Secured Site where any part of Customer's Personal Information is untrue, inaccurate, not current or incomplete or if there are reasonable grounds for suspecting that such is the case.
Customer is responsible for providing and maintaining all telephone lines, modems, computer hardware and software and all other equipment necessary for him to access the Secured Site, in addition to all communications service fees and charges incurred. The Company will not provide any support services for Customer's access to the Secured Site or any maintenance or development services.
Customer is responsible for maintaining the confidentiality of his User Name and Customer Password as well as for all activities that occur from their use. The Company is entitled to accept Customer's instructions given via his User Name and Customer Password as valid and binding without the need for further inquiry or investigation even if Customer can prove that the instructions were not sent by him or sent without his authority.
The Company is entitled, at its discretion, to seek Customer's confirmation offline or require other additional authentication processes or methods, on any of his instructions as and when it so deems fit. Customer agrees that the Company is not liable for any damage or loss resulting from any breach of security arising from Customer's failure to keep confidential his User Name and Customer Password and Customer shall defend, indemnify and hold the Company harmless against all liability, loss, damage or costs and expenses arising or resulting from such access or use of the Secured Site.
Customer must notify the Company when he becomes aware of any loss or theft or unauthorised use of either his User Name and/or Customer Password and he shall give such details and assistance to the Company as may reasonably be required. In such a case or if Customer desires to change his password or if Customer forgets his password, Customer can change his User Name and / or Customer Password on the Secured Site. However, until the change is effected, Customer shall be liable for all transactions carried out by the use of the User Name and/or Customer Password on the Secured Site.
Where inaccurate information in Customer's account balances, securities position, or transaction history is detected or where there is any transaction occurring which Customer has not authorised, Customer must immediately inform the Company failing which neither the Company nor any of its officers, employees, agents or affiliates is to be liable to Customer or any third party.
The Company reserves the right to block access to the Secured Site at any time for any reason. The Company may require the use of encryption technology for certain transactions as a means of security. In such an event, the Company has the right to require Customer to use such technology, at Customer's costs, in accessing and using the Secured Site.
Evidence of Transactions
The Company's own records of the transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes.
The Intermediary, Financial Adviser and Financial Adviser Representative:
- shall each be the only authorised user of its own User Name and Password and shall be responsible for maintaining its confidentiality
- represent, undertake and warrant to the Company that :
a. for any Personal Information of individuals of the client that will be or is disclosing to the Company, appropriate consent from the individuals whose Personal Information are being disclosed would have been obtained prior to any disclosure, to:
(i) permit them to collect, use and/or disclose the individuals’ Personal Information to the Company for the purpose of issuance and administration of the client’s insurance policy(ies) and/or account(s) with the Company, including the processing of the individuals’ Personal Information for underwriting purposes, payment of premiums and/or claims purposes, and for statistical, compliance, audit and regulatory purposes;
(ii) permit the Company and its group of companies (in Singapore and/or elsewhere) to collect, use, disclose and/or process the individuals’ Personal Information for the purpose of issuance and administration of the client’s insurance policy(ies) or such other policy(ies) and/or account(s) with the Company, including but not limited to the processing of the individuals’ Personal Information for underwriting purposes, payment of premiums and/or claims purposes, and for statistical, compliance, audit and regulatory purposes; and
(iii) permit the Company to disclose the individuals’ Personal Information to the Company’s group of companies, third party service providers, suppliers and/or reinsurers, whether located in Singapore and/or elsewhere
b. any Personal Information of individuals will be or is disclosing to the Company are accurate, and it shall give the Company notice in writing as soon as reasonably practicable should it be aware that any such Personal Information has been updated and/or changed after such disclosure;
c. it shall give the Company notice in writing as soon as reasonably practicable should it be aware that any individual above has withdrawn such consent as set out above; and
d. it shall otherwise assist the Company to comply with all laws and codes (where applicable) governing the collection, use, disclosure and protection of Personal Information in respect of all Personal Information provided to or by the Company, or to which it will have access, in the course of accessing the Secured Site
- shall indemnify and at all times hereafter to keep the Company and its group of companies (together with their respective officers, employees and agents)(each an “Injured Party”) indemnified against any and all losses, damages, actions, proceedings, costs, claims, demands, liabilities (including full legal costs on a solicitor and own client basis) which may be suffered or incurred by the Injured Party or asserted against the Injured Party by any person or entity whatsoever, in respect of any matter or event whatsoever arising out of or in relating with the provision of Personal Information by the Company.
The Company will terminate any person’s or Financial Adviser Representative's access to the Website in the event that the person or the Financial Adviser Representative ceases to be a representative of the Intermediary or the Financial Adviser. The Intermediary or the Financial Adviser shall notify the Company immediately when any person or Financial Adviser Representative ceases to be a representative of the Intermediary or the Financial Adviser, failing which the Intermediary or the Financial Adviser shall defend, indemnify and hold the Company harmless against all liability, loss, damage or costs and expenses arising or resulting from the continued unauthorised access to or use of the Secured Site by such person or the Financial Adviser Representative.