Please read this AIA e-Advice User Agreement set out below, which includes disclaimers of liability and other important matters of interest to users generally.
1. Definitions: -
"AIA Customer Corner" means the internet customer service website provided by our Company to its customers.
"Correspondence" means any advice, report, message, record, confirmation, receipt, acknowledgement, notice, statement or communication in respect of or in relation to one or more policy(ies) or of the products and services offered by our Company, as from time to time issued or provided by our Company or its related companies in paper form.
"e-Advice" and "AIA e-Advice" means a correspondence issued or provided by our Company in electronic form under the Service.
"email address" means the email address that you have last registered with our Company at the time we send any electronic message about e-Advice to you, whether registered under the Service or in connection with other policy(ies), products or services offered by our Company.
"HKSAR" means the Hong Kong Special Administrative Region.
"Mailing address" means the postal address that you have registered with our Company for the purposes of receiving the Correspondence concerned.
"PIN" means the password (personal identification number) designated by either you or our Company (as the case may be) from time to time for accessing AIA Customer Corner or e-Advice.
"Policy" means the insurance policy(ies) owned by our customer.
"Profile" means the personal profile of a Customer in AIA Customer Corner through which the Customer can access, view and transact his policy(ies) and conduct other services and facilities after entering his personal log-on credentials.
"Service" means e-Advice service provided by our Company and other ancillary services in connection therewith, if any.
"Telecommunications equipment" shall include reference to mobile telephones, laptop computers, desktop PCs, pocket PCs, personal digital assistants and any other electronic media and/or equipment used to receive the Service as the case may be.
"We", "us", "our", "Company", and "AIA" refer to AIA Everest Life Company Limited, as the case may be.
"You", "your" and "yours" refer to you, our customer and holder of AIA insurance policy.
2. Terms of Use
a. You agree that by enrolling for and using AIA e-Advice, you accept and agree to be bound unconditionally by the terms and conditions governing AIA e-Advice, including without limitation all the following paragraphs and to pay any fee associated with the use of AIA e-Advice. You agree to abide by any and all laws, rules, regulations and official issuances applicable to AIA e-Advice, now existing or which may hereinafter be enacted, issued or enforced, as well as such other terms and conditions governing the use of other facilities, benefits or services we may from time to time make available to you in connection with AIA e-Advice.
b. These Terms and Conditions are not intended to and will not supersede or replace the existing terms and conditions governing your policy(ies) (except those clauses about sending written notice or Correspondences) and your use of other products and services offered by us, including, without limitation, those concerning AIA Customer Corner and the correspondence(s) (collectively "Other T&Cs"), which shall continue to apply unless otherwise provided.
c. In the event of inconsistency or conflict between these Terms and Conditions and Other T&Cs, these Terms and Conditions shall prevail where the Service is concerned.
3. Scope of the Service
a. We will from time to time determine or specify the scope and features of the Service and are entitled to modify, restrict, withdraw, cancel, suspend or discontinue the same at any time with or without notice your consent. In particular, we will from time to time determine, add to or delete from the scope of Service that will be covered under the Service at a particular time and how they will be provided.
b. If we give notice of a change to the Service, such notice may be made in such manner and by such means of communication as we shall deem fit.
c. We may from time to time include within the Service or send with e-Advice marketing materials relating to our products and services or those offered by other AIA members and selected third parties (collectively "Marketing Materials"). Your enrollment to the Service and your agreement to these Terms and Conditions will for all purposes constitute your agreement to receiving the Marketing Materials under the Service and this notwithstanding whether you have or shall, under the Service or other products or services or in other context, request us not to forward to you Marketing Materials. If you do not want to receive any Marketing Materials from us, please inform our Customer Service Centre through written notice: 12/F AIA Tower, 183 Electric Road, North Point, Hong Kong (Hong Kong).
4. The Service
a. Upon approval of the AIA e-Advice application, the current channel for receiving / delivering related correspondences under the terms of the policy contract or otherwise will be replaced immediately without prior notice by AIA e-Advice or other channel(s) where AIA considers appropriate.
b. You agree that the availability of the electronic form of the Correspondence(s) online at the time they are placed in AIA Customer Corner shall be deemed the delivery of such Correspondence(s) by us to you. You shall receive a message by email to your designated email address provided by you informing you when your Correspondence(s) are available for viewing online. You agree to contact AIA Customer Service Hotline at (852) 2232-8968 (Hong Kong), AIA Representatives or Customer Service Representatives to enquire from us forthwith if there is delay or failure in the delivery of the message by email. You agree to examine and view online the Correspondence(s) in a timely and prompt manner. Each Correspondence(s) will be available for viewing online for 24 months after the issue date.
c. You agree that we reserve the right to impose such fee(s) for the use of AIA e-Advice from time to time at our absolute discretion at any time without your prior consent by giving prior notice to you.
d. You are responsible for telling us if your name, mailing address, telephone number, email address or any other details change. If you do not do this we may charge you for any expense we incur in locating you in order to provide and update you your latest correspondence(s).
e. The Service is at all times provided subject to your having one or more of the following, as applicable:-
i) A valid AIA Customer Corner account and PIN;
ii) A valid and up-to-date email address that has sufficient capacity at all relevant time; and/or
iii) An internet service provider, appropriate telecommunications equipment and computer software capable of receiving and reading e-Advice, any or all of which may be determined by us from time to time.
f. You shall bear any fees, charges or expenses which may be imposed by any telecommunications company (whether or not designated by us) providing or servicing you telecommunications equipment in connection with the Service.
g. You warrant that all particulars given to us for the purposes of or in connection with the Service are complete, accurate and up-to-date at all relevant times and undertake to promptly notify us (via such means and in such format and manner as shall be acceptable to us) of any changes thereto including, without limitation, your email address.
h. We will not be responsible in the case the email alert is not received by you due to your e-mail address having changed or being invalid or due to systems failure, interruptions in the communications systems or other reasons outside our control.
i. We may re-send to the email address for any e-Advice notification which, in our opinion, has failed to reach you the first time we sent it. This will be done in accordance with our procedures for re-sending that e-Advice notification, if any, as designated by us from time to time. If, in our opinion, e-Advice notification sent or re-sent further to your email address has failed to reach you, we may, in our sole discretion, notify you of the same using such means as we deem appropriate and you must comply with any instructions we may specify in such notices. We may also, in our sole discretion, cease to provide e-Advice notification to you until a valid and up-to-date email address is provided by you (via such means and in such format and manner as shall be acceptable to us).
j. All e-Advice placed in AIA Customer Corner shall be deemed to be delivered to you at the time they are placed in AIA Customer Corner and will only be made available there for a designated period of time determined by us from time to time, irrespective of whether or not they have been reviewed and/or saved by you.
k. All e-Advice notifications (and other materials determined by us from time to time) sent or re-sent (if applicable) under the Service to the email address shall be deemed to be delivered to you at the time when e-Advice notification (and other materials determined by us from time to time) was, according to our record, successfully sent or re-sent by us.
l. You agree that we have the absolute discretion to make AIA e-Advice available to you. Further we have the discretion from time to time to modify, restrict, withdraw, cancel, suspend or discontinue AIA e-Advice without giving any reason and you understand that by using AIA e-Advice after any modification or change has been effected, you have agreed to such modification or change.
m. You shall enroll for AIA e-Advice and shall provide to us your e-mail address(es) and any message, statement, advice, confirmation, notice, communication or document to be given by us to you will be deemed to be validly given by us to you if dispatched to your e-mail address(es) provided to us upon enrollment aforesaid. We have the absolute discretion, without giving any reason or notice, to reject any request for your enrollment to AIA e-Advice.
5. e-Advice / Correspondence
a. Upon your enrollment for AIA e-Advice, the paper form of your correspondence(s) will cease to be generated on the day after the next issue date or sent to your last registered mailing address(es). You may request for the correspondence(s) of AIA e-Advice covered by Clause 4a to be provided but such a request is at all times subject to our decision and we reserve the right to levy such fees and charges as we shall determine from time to time.
b. Cancellation of use of AIA e-Advice may be effected by you or us in accordance with Clauses 5c and 5d below.
c. We reserve our right to cancel your enrollment for AIA e-Advice. We shall, prior to cancelling your enrollment for AIA e-Advice, give notice of such cancellation through electronic or paper document, sent to you. Upon cancellation by us, we shall automatically generate the paper form of your correspondence(s) and send it to your last registered mailing address(es) with us on the day after the next issue date.
d. Should you want to cancel your enrollment for AIA e-Advice, you have to give sufficient prior notice to us which shall be at least two (2) working days before the next issue date through your AIA Representatives, Customer Service Hotline at (852) 2232-8968(Hong Kong) or Customer Service Representatives. Upon receiving your timely prior notice as aforesaid, we shall automatically generate the paper form of your correspondence(s) and send it to your last registered mailing address(es) on the day after the next issue date.
e. You agree that we shall not be liable if you are unable to gain access to AIA e-Advice from time to time. You understand that while AIA e-Advice is available 24 hours a day with the Correspondence(s) available for 24 months from the day after issue date, some or all of the services thereon may not be available at certain times due to maintenance and/or computer, telecommunication, electrical or network failure or any other causes beyond our control.
f. You agree that we shall use reasonable effort to ensure that AIA e-Advice is secure and cannot be accessed by unauthorized third parties. However, you acknowledge that we do not warrant the security, secrecy or confidentiality of any information transmitted through any applicable Internet service provider, network system or such other equivalent system in any jurisdiction via AIA e-Advice.
g. AIA e-Advice uses proprietary software of AIA, its affiliates and/or other software suppliers. You agree that we have granted you a non-exclusive license to use this software in connection with AIA e-Advice that allows you to use such software only for its intended purposes. You agree that you shall not disassemble, decompile, copy, modify or reverse engineer any such software or allow anyone else to do so.
h. You agree to verify the correctness of each Correspondence(s) and to notify us within sixty (60) days from the day after the issue date in writing any discrepancies, omissions, errors or wrong or incorrect entries or details. You agree that at the end of the period of sixty (60) days, our records and details of the correspondence(s) shall be conclusive evidence against you without any further proof that they are correct except as to any alleged errors so notified and subject to our right to adjust and amend (which may be exercised by us at any time) any entries or details wrongly or mistakenly made by us.
6. Security
a. You must keep the PIN and all other security details (if any) secure and confidential at all times and take all reasonable precautions to prevent unauthorized or fraudulent use thereof and ensure that unauthorized or fraudulent access to your email address is prevented.
b. You should change your PIN from time to time to guard against unauthorized or fraudulent access to AIA Customer Corner and AIA e-Advice.
c. You should never respond to a request purportedly from us via the Service to provide your policy details, customer number, PIN, security details or your personal information as we will never make such a request.
d. You must inform us as soon as possible if any email, e-Advice, website hyperlink or AIA Customer Corner appears to be irregular.
e. You are responsible for the security of your telecommunications equipment and must take all reasonable precautions to prevent any one else from accessing any confidential information including e-Advice issued thereto.
f. You must inform us as soon as possible of all matters which may have impact on or otherwise affect our provision or your use of the Service including, without limitation, if you know or suspect that someone knows your PIN or your profile's log-on credentials or has unauthorized access to your email address, your profile, e-Advice or any telecommunications equipment or internet service has or will be suspended, expired, disconnected or terminated.
g. You should check, verify and authenticate the sender of e-Advice notification (and other materials determined by us from time to time) sent to your email address including, without limitation, the email or website address of the sender of e-Advice notification (and other materials determined by us from time to time) as the case may be to ensure that they are genuine and have been sent by us.
7. Liability
a. You agree and undertake not to hold us liable or in any way responsible for any loss, damages or expenses that you shall incur, including, without limitation, any loss or damage caused to your data, software, computer, telecommunications equipment or other equipment in connection with your use of the Service unless they are caused solely and directly by our gross negligence or willful default.
b. If we can show that we have sent, or attempted to send, to your email address e-Advice notification (and other materials determined by us from time to time) or issued e-Advice to AIA Customer Corner according the scope of the Service as shall be determined by us from time to time (including, without limitation, any re-sending procedures if e-Advice notification fails to be sent to you), we have no liability to you if you suffer loss due to AIA e-Advice not being received accurately or at all.
c. We will not be liable for any disclosure of confidential information not herein authorized where you have not complied with these Terms & Conditions or Terms of Use or Privacy Statement that we may issue from time to time.
d. The third parties supporting the Service (including telecommunications companies designated by us) are neither agencies of us nor representing us. There is no cooperation, partnership, joint venture or other relationship with us. We are not responsible for any loss caused by such third parties including system operators.
e. Your hereby undertake to ratify and confirm all things and matters done by us, our nominees, their respective officers and employees pursuant to or in connection with the provision of the Service to you and agree to indemnify us, our nominees, their respective officers and employees against all or any losses, liabilities, charges, expenses and penalties of any kind which may be incurred or suffered by us or any of them in connection with or as a result of the provision of the Service to you unless directly and solely caused by or due to the gross negligence or willful default of us or any of them and then only to the extent of direct and reasonably foreseeable loss and damages (if any) arising directly and solely therefrom.
8. Pricing & Charges
a. We reserve the right to at any time and from time to time impose fees and charges for the Service with reasonable notice.
9. Suspension & Termination
a. We reserve the right to add to, delete and/or vary any of these Terms and Conditions upon notice to you using such means of notification as we shall deem appropriate. Use of the Service after the date upon which any changes to these Terms and Conditions are to take effect (as specified in our notice) will constitute acceptance without reservation by you of such changes. If you do not accept any proposed changes you must cancel or terminate the Service prior to the date upon which such changes are to take effect.
b. We will not assume any liabilities or responsibilities for any suspension or termination of the Service under any circumstances.
c. Any termination or suspension of the Service is without prejudice to and shall not affect the liabilities and rights which have accrued between you and us prior to the date of suspension or termination.
10. Miscellaneous
a. No failure or delay by us in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise thereof of the exercise of any other right, power of privilege. Any remedies provided to us herein are not intended to be exclusive of any other remedy and each and every remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise.
b. In any provision hereof shall be declared or adjudged to be illegal, invalid or unenforceable under any applicable law, such illegality, invalidity or unenforceability shall not affect any other provisions hereof which shall remain in full force, validity and effect.
c. Any notice or communication (including e-Advice) delivered under these Terms and Conditions personally, sent by post, facsimile transmission, telex, email or placed in your profile shall be deemed to have been received by you (where delivered personally) at the time of personal delivery or on leaving it at the address last notified by you to us via such means and in such format and manner as shall be acceptable to us, (where sent by post) 48 hours after posting if such address is in the HKSAR and seven (7) days after posting if such address is outside the HKSAR or (where sent by facsimile transmission, telex, email or placed in you profile) immediately after transmitting to the facsimile or telex number or email address last notified by you to us via such means and in such format and manner as shall be acceptable to us or placed in your profile. Notice or communication sent by you to us shall be treated as delivered to us on the day of actual receipt.
d. "Issue Date" means the date that any notice or communication (including e-Advice) delivered in accordance with Clause 10c above.
e. The Service and these Terms and Conditions are governed by and will be construed in accordance with the laws of the HKSAR. The parties submit to the non-exclusive jurisdiction of the courts of HKSAR. These Terms and Conditions may be enforced in the courts of any competent jurisdiction.
f. The English version of these Terms and Conditions shall prevail if there is any inconsistency between the English version and the Chinese version.