Terms Of Service

By using our website; https://mobyinsure.com (“Website”) any of its subdomain, application, any other platforms (collectively hereinafter referred to as “Platforms”) where Moby Money Sdn Bhd renders (“MOBY”), previously known as “MobyPay” and other products and services from time to time (collectively hereinafter referred to as (“Services”), you are bound by this Terms of Service which shall govern your use of, and access to our Services and Platforms.

Please read the Terms of Service carefully, to understand your obligations and other responsibilities imposed on you. The Terms of Service may be amended from time to time to cater to any changes or updates to our Platforms, Services, any requirements of the applicable laws and/or any changes in our policies which shall be applicable to you. We highly encourage you to refer to this Terms of Service every time you browse our Platforms or use our Services to ensure you are informed of the latest revisions.

Parties to this Terms of Service
This Terms of Service (“this Terms of Service”) is a contract between you (“you”, “your”, “Customer”) and MOBY MONEY SDN BHD with a company registration number (Company No. 201901032761 (1342091-H)) and its registered address at Unit 30-01, Level 30, Tower A, The Vertical Business Suite, Jalan Kerinchi, Bangsar South, 59200 Kuala Lumpur (“Moby Money”, “we”, “us”, “our”). In this Terms of Service, Moby Money and the Customer may also be referred to herein as a “Party” and collectively as the “Parties”.

WHEREAS: –

• You intend to utilise Moby Money’s Services and Platform;
• This Terms of Service sets out the terms and conditions of use of Moby Money Platform and Services;

NOW IT IS HEREBY AGREED: –

1. Description of Services
Mobyinsure.com operates as an omnichannel insurtech platform with the primary objective of
simplifying insurance. We aim to provide insurance services that are easily accessible to both
customers and partners, at their convenience, anytime and anywhere. By using our service,

• You have the capability to explore, compare, and purchase various Insurance Products directly
  through our Application Programming Interface (API). These products encompass a wide range,
  including but not limited to motor insurance, medical insurance, and various other insurance
  offerings.
• You can browse, view, and place offers on any of the Insurance Products listed on our Platform,
  whether or not you have registered an account. The Services we offer on the Platform are
  accessible to all Users.
• You acknowledge that all information, including premium rates, provided through our platform
  is presumed to be accurate and reflective of the content available on our Platform.
• You are aware that certain insurance policies offered through our Platform may not be issued
  instantly but will be processed within one working day.
• You agree not to hold us responsible for any inaccuracies or incompleteness in the information
  presented through our Services. This information is not considered definitive and should be
  used solely for personal reference.
• You agree that we are not liable for any damages or liability arising, directly or indirectly, from
  errors, deficiencies, inaccuracies, or omissions in the information presented through the
  Platform. This includes information provided by MOBY or any companies within the MOBY
  group or our business partners who assist in providing these Services.
• You acknowledge and agree that MOBY is not responsible for maintaining the records
  contained within your registered account once a transaction is completed, unless otherwise
  specified due to system limitations or further notice from us.

2. Representations and Warranties

By utilizing the Service, you explicitly affirm and assure that you possess the legal capacity to accept and consent to the Terms of Use, and that you are a minimum of twenty-one (21) years old.

Furthermore, in using the Service, you assert and guarantee that you possess the right, authority, and capability to utilize the Service and adhere to the Terms of Use. You also affirm that all information provided by you is accurate and truthful. Your use of the Service is strictly for your personal, individual use. You pledge not to grant authorization for others to employ your identity or user status, and you may not transfer or convey your user account to any other individual or entity.

While using the Service, you agree to adhere to all relevant laws, whether within your home country or in the region, state,
and city where you are utilizing the Service. By using the platform, you agree that:

a. You are obligated to furnish certain information, including your name, email address, and mobile number.
b. You must supply us with precise, comprehensive, and up-to-date registration details if you choose to register an account with us. You are responsible for maintaining and promptly updating this information to ensure its accuracy. Should your information be found to be false, inaccurate, outdated, or incomplete in any way, the Company reserves the right, though it is not obliged, to terminate this Agreement and your access to the Service, with or without prior notice.
c. You are prohibited to select or use an account name with the intent to impersonate another individual.
d. You may only utilize the platform for lawful purposes and are forbidden from: –

• Sending unlawful material or engaging in fraudulent activities via the Platform. dated: 20 Oct 2023
• Creating disturbances, annoyance, or inconvenience, or engaging in deceptive purchases via the Portal.
• Using the Platform for purposes other than acquiring the Services.
• Disrupting the proper functioning of the Platform or Services.
• Harming the platform or Services in any manner.
• Replicating or distributing the Platform or its content without written permission from the Company.

e. You agree to use the platform solely for your personal use and will not resell it to a third party.
f. You are responsible for safeguarding the confidentiality and security of your account password or any provided identification that grants access to the Service.
g. You acknowledge and consent to providing the Company with proof of identity upon its reasonable request or requirement.
h. You understand and agree that only one (1) account can be registered on the Platform.

3. Promotion
Moby Money may organise marketing promotions and campaigns to promote MOBY. All promotions and campaigns organised by Moby Money shall be subject to each of the promotion’s and campaign’s terms and conditions (“Promotions Terms and Conditions”). Your participation in such promotions and campaigns shall be deemed as irrecoverable acceptance by you of such acceptance by you of the Promotions Terms and Conditions.

Moby Money reserves the right to suspend, terminate your Account or any MOBY transaction in the event you breach any of the Promotions Terms and Conditions.

4. Intellectual Property

All information on the Platforms is solely for informative purposes and is subject to change without notice. The said Platforms and all contents contained therein shall at all times remain the sole and exclusive property of Moby Money or its affiliates.

Take notice that you shall not copy, imitate, modify, alter, use translate, reverse engineer, decompile, disassemble, or create derivative works based on the software utilised by the Platform or for the provision of Services, or any portion thereof, without prior written consent of Moby Money:-

• any URLs representing the Platforms;
• any content, logos, graphics, icons belonging to Moby Money;
• any other content published on the said Platforms; or
• any other content published in Moby Money’s printed media.

You shall NOT gain, by virtue of this Terms of Service any rights of ownership of copyrights, patents, trade secrets, trademarks, and/or other Intellectual Property Rights legally owned by the Moby Money, its Affiliates or owner of the software used by Moby Money to render the Platforms and Services.

5. Notices
You agree to receive all communications from Moby Money in electronic form. Communications will be posted on the said Platforms (where permitted under this Terms of Service) and/or sent to your email address. In addition to the above, you agree to receive all communications from Moby Money via other electronic methods of communication, including but not limited to text messages using the contact details listed in your Account.

Save as otherwise explicitly stated, any notices to Moby Money shall be given by mail or electronic mail to the address or email address provided herein:

• Address: Suite 6.08, Penthouse, Wisma Academy, No 4A, Jalan 19/1, 46300, Petaling Jaya 4-
  A, Jalan 19/1, Seksyen 14, 46300, Selangor, Malaysia
• Email: notices@mobypay.my

In computing the period of time under this Terms of Service, any notice or report given in accordance with this clause shall be deemed delivered on the date of actual delivery; unless such notice or report is given or due on a Saturday, Sunday or public holiday, in which event it shall be deemed given or due on the next business day.

Moby Money shall further be authorised to use the contact details that you have provided to:

• contact you on an ongoing basis for marketing purposes whether by email, SMS, phone or otherwise (unless you have notified Moby Money that you do not wish to receive such communication); or
• contact you in relation to your Account and/or MOBY; or
• monitor or record telephone conversations or electronic communication for quality control and training purposes or for protection of Moby Money. There is no guarantee that any such monitoring or recording shall be retained or retrievable.

6. Data Protection
By agreeing to use the Platforms and using our Services, we are required to collect, use disclose and process your personal information to provide the Services to you. Moby Money’s Privacy Policy found on the Platforms is incorporated herein by reference and is binding on you.

Even after the termination of this Terms of Service, we reserve the right to retain some of your personal information for a period not exceeding six (6) years from the date the last information is being recorded for the following reasons:

• As part of audit trails and record keeping assisting with audits;
• prevention of fraud and other risks;
• to assist with investigation and enforcement of law;
• for Moby Money enforcement of its rights under the Terms of Use or for any other actions as required or permitted by law.

7. Government Law / Jurisdiction
This Terms of Service shall in all respect, including all matters of construction, validity and performance be governed by, construed and enforced exclusively in accordance with the laws of Malaysia. Subject to provision under Dispute Resolution Clause below. The Parties hereby submit to the exclusive jurisdiction of the courts in Malaysia.

8. Dispute Resolution
Any dispute, controversy or claim between the Parties in connection with or arising out of the Terms of Service shall be resolved by means of the following procedure:

• the dispute shall initially be referred to the Parties’ respective representatives who shall discuss the matter in dispute and use reasonable efforts to reach an Terms of Service within thirty (30) days;
• In the absence of Terms of Service being reached on a particular dispute in accordance with subclause (a) above the Parties shall settle the dispute in accordance with the arbitration rules of the Asian International Arbitration (“AIAC”) in force as at the date of this Terms of Service (the “Rules”), which Rules are deemed to be incorporated by reference into this Terms of Service.
• Where arbitration proceedings commence in accordance with subclause (b) above, the appointing authority shall be the AIAC which shall also administer any arbitration commenced under this Terms of Service, such administration also to be in accordance with the Rules. The number of arbitrators shall be three; the seat of arbitration shall be at Kuala Lumpur; the Parties may agree for the hearing to take place at any convenient location. The language to be used in the arbitral proceedings shall be English. The decision of the arbitrators shall be final
  and binding upon both Parties and, where arbitration has been commenced or completed; neither Party shall seek recourse to a law court or other authority to appeal for revisions of the decision.

9. Indemnity
You agree to fully indemnify, protect, defend and hold harmless, at your own expense, Moby Money, employees, directors, sponsors, agents, shareholders and representatives, any third-party providing services for and on behalf of Moby Money from and against any Claims arising out of, involving or in connection with your acts or omissions, in the performance of this Terms of Service. You hereby release and discharge Moby Money, its employees, directors, sponsors, agents and representatives from and against, any and all Claims and any consequential losses under any applicable laws you may have suffered or incurred arising out of or resulting from your use of the Platforms or MOBY.

10. Severability
In the event that any provision of this Terms of Service, or a portion thereof, shall for any reason be held invalid, illegal or unenforceable to any extent, the Parties shall negotiate in good faith, amendments to this Terms of Service to reflect as closely as possible the original intent of the Parties. Such invalid provision or portion thereof shall be severed from the remaining provisions, in which shall continue to be unimpaired, valid and enforceable to the fullest extent permitted by law.

11. Vouchers or Promotional Code
Each voucher (along with the promotional code it includes) is a one-time-use item and holds no monetary value.

• The promotional code is exclusively applicable for purchases made on the www.mobyinsure.com platform.
• Vouchers cannot be exchanged, refunded, or converted into cash or products.
• Vouchers are not valid in conjunction with any other offers, vouchers, discounts, or seasonal promotions.
• Replicating or selling vouchers in any manner, or making them available to the general public, is prohibited unless authorized by Moby.

If the promotional code is not entered during the booking process, Moby cannot provide a partial refund after payment has been confirmed and processed.

12. External Third-Party Link
The Platform may include hyperlinks to websites operated by third parties (“Third-Party Sites”) and third-party materials (“Third-Party Content”) for the convenience of those seeking such information. Your use of these links to Third-Party Sites and any Third-Party Content contained therein is at your own risk. We neither oversee nor exercise control over these Third-Party Sites and make no assertions or representations concerning the Third-Party Content or Third-Party Sites. These links are provided
solely for your convenience, and their presence does not indicate our endorsement, adoption, sponsorship, or affiliation with the respective Third-Party Site or Third-Party Content.

13. Corporate Agents
Users acknowledge that the listed agents shall serve as the designated individuals or entities representing the insurers as specified. These corporate agents will function as intermediaries between the User and the Insurer upon the successful purchase of insurance products offered on the Platform.