TERMS AND CONDITIONS
These Terms and Conditions (“Agreement”) constitute a legal agreement between you and BUSS BUSINESS SYSTEM SDN BHD (Company No. 201901016570 (1325898-A)) (“BBS”) in respect of your online access to and your usage of the Platform set up, operated, managed and/or moderated by BBS.
In consideration of the mutual covenants herein, you hereby agree that you have read, understood, consented to, and agreed to all terms and conditions in this Agreement.
1. Definitions
1.1 In this Agreement, the following definitions shall apply:
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“Agent” |
means a person or entity who is: (a) recruited and/or appointed by BBS and has a valid contract with BBS; and (b) registered under the BZ Force Referral Program; and (c) registered with the Insurance Company holding a valid and in force agency agreement with the Insurance Company, to sell and/or promote life insurance policies in Malaysia;
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“Agreement” |
means these Terms and Conditions including all schedules, amendments, modifications and/or supplements that may be made by BBS and posted on this Platform any time and from time to time;
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“BBS” |
means BUSS BUSINESS SYSTEM SDN BHD (Company No. 201901016570 (1325898-A)) and where the context permits, shall include its affiliates and any independent contractor engaged by BBS to assist in setting up, running, managing and/or moderating the Platform and/or the BZ Force Referral Program;
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“BZ Referrer” |
has the meaning as ascribed to it in Clause 2.2 herein;
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“BZ Force Referral Program” |
means this referral Program set up, owned, operated, managed, and/or moderated by BBS;
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“Fees” |
means such remuneration payable to you for each successful referrals made by you, whether directly or indirectly, under the BZ Force Referral Program based on the formula determined by BBS and subject to the terms and conditions posted on this Platform from time to time;
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“Insurance Company” |
means ZURICH TAKAFUL MALAYSIA BERHAD (Company No. 200601012246 (731996-H));
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“Insurance Product” |
means a dedicated insurance product of the Insurance Company offered by an Agent to the BZ Referrer under the BZ Force Referral Program. The list of the Insurance Product is provided in Appendix 1 of this Agreement (as the same may be changed, modified, varied, and/or added from time to time);
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“Password” |
means the unique alphanumeric code which you are required to insert together with your Username to access and/or use this Platform.
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“Parties”
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means BBS and you are collectively and any reference to “Party” shall mean either BBS or you, as the case may be. |
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“Personal Information Form” |
means the form executed by you wherein you provide your personal data or information when registering to participate in the BZ Force Referral Program, which, by clicking on the “Confirm Registration” button prior to your participation of the BZ Force Referral Program herein, constitutes part of this Agreement.
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“Platform” |
means such mobile applications and/or websites set up, owned, operated, managed and/or moderated by BBS or its appointed sub-contractor in respect of this BZ Force Referral Program.
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“Referral” |
means information in respect of a BZ Referrer which is inputted by the BZ Referrer himself/herself in the Platform and collected by BBS through the Platform.
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“Successful Referral” |
means the purchase of the Insurance Product by any prospective customer meeting all the criteria stipulated in Clause 2.2 hereto, as facilitated by the Agent resulting from the Referral provided by a BZ Referrer to BBS in accordance with this Agreement.
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“Username” |
means the unique numeric name which you are required to insert together with your Password to access and/or use this Platform.
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“we”, “us” or “our” |
means BBS or its affiliates, representatives, officers, directors, servants, agents, employees and/or independent contractors; and
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“you” or “your” |
means you, who have executed the Personal Information Form and clicked on the “Confirm Registration” button prior to the participation of the BZ Force Referral Program herein. |
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1.2 In this Agreement, except to the extent that the context otherwise provides or requires:
1.2.1 a reference to legislation or a provision of legislation includes amendments or re-enactments of the legislation, provisions substituted for, statutory instruments and regulations issued under the legislation;
1.2.2 words denoting the singular include the plural and vice versa;
1.2.3 reference to a Clause, paragraph or schedule is a reference to a Clause, paragraph or schedule of this Agreement;
1.2.4 words denoting any gender include all gender;
1.2.5 where a word or phrase is given definite meaning in this Agreement a part of speech or other grammatical form for that work or phrase has a corresponding meaning;
1.2.6 where a word or phrase in this Agreement is capitalized but not defined in this Agreement, such capitalized word or phrase shall have the meaning as provided in its ordinary context;
1.2.7 reference to a Party includes reference to its successors in title and permitted assigns;
1.2.8 reference to a time and date concerning the performance by either Party of any of their obligations under this Agreement, is reference to the time and date in Malaysia; and
1.2.9 where the performance of any act, conduct or obligation falls on a non-business day, then that act, conduct or obligation shall be performed on the next succeeding business day.
2. Eligibility and Criteria
2.1 The BZ Force Referral Program has been set up and developed by BBS whereby anyone can, via the Platform, register and become a referrer and upon fulfilling such requirements as set out in this Agreement, can thereafter refer prospective customers to an Agent.
2.2 Any individual who fulfills the following criteria shall be eligible to become a referrer under the BZ Force Referral Program (“BZ Referrer”):
(a) he shall be a Malaysian with a valid Malaysian National Registration Identity Card Number;
(b) he shall be at least 18 years old at the point of registering as a BZ Referrer;
(c) he shall not be bankrupt and no bankruptcy proceedings have been commenced against him;
(d) he shall be duly registered as a BZ Referrer via the Platform;
(e) he shall have successfully purchased one or more Insurance Product, as facilitated by the Agent under the BZ Force Referral Program; and
(f) he shall have paid and shall continue to pay for the takaful contributions in relation to such Insurance Product stated in Clause 2.2(e) hereto.
2.3 Subject to the terms and conditions stipulated herein, for every Successful Referral made under the BZ Force Referral Program, the BZ Referrer generating such Successful Referral, directly or indirectly, will receive cash rewards in the form of Fees.
2.4 You hereby represent and warrant that you have fulfilled the criteria to become a BZ Referrer under the BZ Force Referral Program and you are desirous of participating in the BZ Force Referral Program and thus, you hereby agree to be bound by the terms and conditions set forth in this Agreement.
3. Fees
3.1 Under the BZ Force Referral Program, you may be entitled to such Fees calculated in the following manner:
Fees referred to below are only payable provided that the Insurance Product underwritten by Insurance Company are submitted and issued on or after 01 September 2023 and are still in force at the material time.
Percentage (%) on the collected regular contributions of Insurance Product (except for MediPro)
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Generation |
Insurance Policy Year |
Total |
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Year 1 |
Year 2 |
Year 3 |
Year 4 |
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Gen 1 |
5.0% |
5.0% |
5.0% |
5.0% |
20% |
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Gen 2 |
5.0% |
5.0% |
5.0% |
5.0% |
20% |
Percentage (%) on the collected regular contributions of MediPro
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Certificate Year |
Year 1 |
Year 2 |
Year 3 |
Year 4 |
Total |
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Gen 1 |
2.5% |
2.5% |
2.5% |
2.5% |
10% |
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Gen 2 |
2.5% |
2.5% |
2.5% |
2.5% |
10% |
For the avoidance of doubt, the following terms shall have the following meanings:
(a) “Gen 1” shall mean such BZ Referrers directly and successfully referred by you to the Agent; and
(b) “Gen 2” shall mean such BZ Referrers successfully referred by the BZ Referrers in Gen 1 to the Agent.
Further thereto, the Fees shall be payable within T+2 months from the date of issuance of policy contract of the Insurance Product, with “T” being the month takaful contributions payment and issuance of policy contract of the Insurance Product is made and completed.
3.2 For the avoidance of doubt, in order to receive such Fees stipulated in Clause 3.1 hereto, you must fulfil a set of criteria in every validation period as follows:
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Criteria |
Fees & Entitlement |
Review Frequency |
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Criterion I : In-forced Own Policy
and
Criterion II : Having One (1) fresh Gen 1 BZ Referrer purchasing and paying for the Insurance Product under this BZ Force Referral Program |
Up to Gen 2 |
The fulfilment of the criteria hereto shall be reviewed MONTHLY. Failure to fulfil and/or maintain the required criteria shall result in the Fees being withheld without interest or forfeited (as the case may be). |
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1st Validation Period |
From the date of you joining the BZ Force Referral Program to 31 December of the following financial year. (e.g. 10th September 2023 to 31st December 2024)
Any unclaimed Fees will be forfeited after the expiration of the 1st Validation Period. |
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Subsequent Validation Period |
01 January to 31 December of the financial year after the 1st Validation Period.
Any unclaimed Fees will be forfeited after the expiration of the Subsequent Validation Period. |
For Illustration Purposes:
BZ Referrer XYZ joined the BZ Force Referral Program on 12th September 2023,
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Validation |
Date |
Fulfil Criteria |
Fees Entitlement |
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1st Monthly Review |
1st Oct 2023 |
Yes |
Non-applicable (Free-look period) |
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No |
Non-applicable (Free-look period) |
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2nd Monthly Review |
1st Nov 2023 |
Yes |
Fees payment for Successful Referrals from Sep 2023 |
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No |
Deferred and Fees withheld |
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3rd Monthly Review |
1st Dec 2023 |
Yes |
Fees payment for Successful Referrals from Sep-Oct 2023 |
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No |
Deferred and Fees withheld |
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4th Monthly Review |
1st Jan 2024 |
Yes |
Fees payment for Successful Referrals from Sep-Nov 2023 |
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No |
Deferred and Fees withheld |
3.3 The formula stipulated in Clause 3.1 hereto shall be calculated based on the takaful contributions of the Insurance Product purchased by such BZ Referrers under the BZ Force Referral Program which is still subsisting at the time the payment is due and payable.
3.4 The percentage (%) stipulated in Clause 3.1 hereto is applicable for takaful contributions payment term of 20 years and above.
3.5 You agree that BBS’s decision on all matters relating to this BZ Force Referral Program (including but not limited to calculations of the Fees by BBS) shall be deemed final and binding and no appeal in respect thereof shall be entertained.
3.6 You agree that no Fees will be paid to you until such BZ Referrer referred by you to an Agent under this BZ Force Referral Program has successfully purchased the Insurance Product and paid the takaful contributions thereunder.
3.7 BBS agrees to pay you the Fees by remitting the same into a bank account solely under your name in Malaysia provided by you to BBS via the Platform PROVIDED THAT you fulfill the requirements determined by BBS and posted on this Platform from time to time AND PROVIDED FURTHER THAT you are not in breach of the terms and conditions of this Agreement. You hereby agree that remittance of the Fees will not be made to any bank account outside of Malaysia.
3.8 You agree that BBS shall not be held liable for any remittance of the Fees reversed by your bank for any whatsoever reason beyond BBS’s control and as a consequence, such Fees may be forfeited by BBS at its sole discretion.
3.9 BBS will not entertain any request or claim for the exchange of the Fees for another currency or payment in kind or in the form of credit.
3.10 Entitlement to the Fees cannot be transferred, nor can it be exchanged, negotiated, securitised or traded in any secondary manners, whether in part or in full.
3.11 BBS makes no representation or warranty as to the accuracy of the remittance of the Fees. Any dispute or complaint about the remittance of your Fees must be submitted to BBS within three (3) business days, if applicable and BBS’s decision on the dispute (if any) shall be final and conclusive.
3.12 BBS shall not be liable to make any statutory or other contribution for you and/or on your behalf, including but not limited to contributing towards the Employees’ Provident Fund or any other pension or disability fund.
3.13 You shall bear any and all taxes that may be payable in respect of the Fees and for the disbursement of the Fees and shall be responsible to pay and discharge the same on timely basis.
3.14 If the Insurance Company decides to or is required by any applicable law or governmental authority to return part or the entire collected takaful contribution(s) because of a cancellation (including but not limited to cancellation during free-look period) of a policy for whatever reason, you shall lose all rights to the relevant Fees (or in the case of partial return of takaful contribution, a relevant proportion of the Fees) in respect of such cancelled policy and the Fees in respect of such policy which is already paid by BBS shall be refunded by you within 30 (thirty) calendar days after BBS has notified you in writing on the relevant cancelled policy. You agree that BBS shall be authorized to manage such refund by setting off the amounts to be refunded against other Fees payable to you.
3.15 You also agree that BBS shall be entitled to make such deductions in respect of the Fees in the event of policy twisting, churning, replacement of policy, miss-selling and/or any other reasons deemed valid by BBS as an abuse of this Platform.
3.16 You agree that the Fees in respect of any policy shall cease if the Insurance Company transfers the servicing rights of the said policy, along with associated agency compensation, from BBS to another agency.
4. Ownership of Prospective Customers when BZ Referrer becomes an Agent
4.1 You agree that any prospective customer referred by a BZ Referrer to an Agent under the BZ Force Referral Program will remain with the said Agent, even if the said BZ Referrer later then registers himself as an Agent.
5. Change of Agents
5.1 Subject to the relevant guidelines, rules, and/or policies of the Insurance Company, you may not change your Agent unless you have obtained your Agent’s written consent for the change.
5.2 A new Agent will be reassigned to you in the event that your Agent:
(a) is terminated as an Agent by the Insurance Company for any reason whatsoever;
(b) resigns as an Agent for any reason whatsoever; or
(c) opts out from the BZ Force Referral Program for any reason whatsoever.
In such an event, the next available Agent within the same hierarchical structure/line registered under the BZ Force Referral Program will be assigned to you.
6. When a BZ Referrer becomes an Agent
6.1 If a BZ Referrer decides to become an Agent, then all such BZ Referrers registered under him prior to him becoming an Agent will follow his hierarchical structure/line PROVIDED ALWAYS that the said BZ Referrer continues to remain in the BZ Force Referral Program.
6.2 However, in the event that the said BZ Referrer decides to opt out of the BZ Force Referral Program after becoming an Agent, then any BZ Referrers registered under him under the BZ Force Referral Program will be reassigned to the original Agent.
7. Your Representations and Warranties
7.1 You hereby represent and warrant to BBS as follows:
(a) that you will comply with all applicable laws, rules, regulations of the relevant regulatory authorities and with the rules and regulations of BBS when participating in and/or using the BZ Force Referral Program and/or the Platform at all times;
(b) that you are at least eighteen (18) years of age when you enter into this Agreement with BBS;
(c) that you have the requisite capacity to execute and perform the terms of this Agreement;
(d) that the execution and performance of this Agreement shall not violate or contravene the provisions of any contract of whatever nature or other undertaking or instrument to which you are a party;
(e) that you are not bankrupt, and no bankruptcy proceedings have been commenced against you;
(f) that all information that you supply in the Personal Information Form and other information that BBS may require from time to time is current, accurate, truthful, and complete;
(g) that you will not engage in the operation of any illegal business, use or permit anyone else to use the Platform and/or the BZ Force Referral Program or any part thereof, for any illegal purpose or violate the terms of this Agreement;
(h) that by completing and submitting the referral form under the BZ Force Referral Program:
(i) that you grant BBS the right to process your personal information, sensitive personal information and personal restrictive information, including but not limited to your name, contact details, and any other data classified as personal data under the definitions of the Personal Data Protection Act 2010. Furthermore, you authorize BBS to disclose said personal information to the designated Agent, along with BBS’s agents, employees, associates, sub-contractor and business partner for the purpose of facilitating necessary actions within the scope of the agreed-upon services;
(ii) that you agree for the Agent, BBS, its agents, and/or employees to contact you for the purposes of this BZ Force Referral Program;
(iii) that you have read and agreed to the BBS’s privacy notice; and
(iv) that you agree and consent for your personal information to be disclosed to BBS, the Agent, the Insurance Company, and/or any third party service provider engaged by BBS for the purposes of this BZ Force Referral Program.
8. Restrictions on Authority
8.1 You are NOT authorized to:
(a) commit BBS to any obligation, commitment, or make any representation and/or warranty on behalf of BBS;
(b) incur any liability and/or debt of any nature on behalf of BBS;
(c) receive any money in any manner whatsoever on behalf of BBS;
(d) place and/or insert any advertisement of any nature in relation to BBS and/or the business of BBS;
(e) issue any circular, letter, notice, email, memo, and/or correspondence of any form on behalf of BBS;
(f) hold yourself out as a registered, licensed, and/or qualified agent of the Insurance Company (except if you are indeed an Agent); and/or
(g) provide financial advice on behalf of BBS and/or the Insurance Company to anyone.
9. Acknowledgment of Terms and Conditions
9.1 You represent that you have read and agree to be bound by the terms and conditions of this Agreement. BBS reserves the right, at its sole discretion, to change, modify, vary or add to these terms and conditions at any time and without prior notice to you. You agree and undertake to access the Platform on a regular basis to view the terms and conditions. Any use by you of this Platform and/or the BZ Force Referral Program after the posting of any such changes, modifications, variations, and/or additions will constitute your acceptance of the terms and conditions as changed, modified, varied, and/or added. If you do not wish to be bound by these terms and conditions, you should refrain from using this Platform and/or the BZ Force Referral Program.
10. Your Responsibilities in participating/using the BZ Force Referral Program or the Platform
10.1 You acknowledge, represent, and warrant that you have received a Username and Password which provides you access to this Platform and that you are the sole, exclusive, and authorized user of such Username and Password and accept sole responsibility for the use, confidentiality, and protection of the Username and Password as well as for all information changes (e.g. change of address, personal details and etc.) provided by you using such Username and Password.
10.2 You shall only be authorized to access the Platform with your Username and Password. You also agree that you shall be solely responsible for all statements made or acts or omissions that occur within this Platform through the use of your Username and Password. You agree not to provide or make known your Username and/or Password to any other person for the purpose of facilitating such person’s access and unauthorized access to the Platform. You agree to notify BBS in writing promptly upon becoming aware of any unauthorized access or use of the Platform by any party whomsoever.
10.3 If you allow third parties to access the Platform through your Username and Password, you will defend and indemnify BBS, its affiliates, and/or any independent contractor engaged by BBS to assist in setting up, running, managing, and/or moderating this Platform, against any liability, costs (including solicitors fee based on client-solicitor basis), damages arising out of claims and/or suits by such third parties based upon or relating to such access and use. If you believe someone has used your Username and Password without your authorization, or has, in your judgment, violated these terms and conditions, you shall notify BBS immediately.
10.4 Subject to the following, your account is non-transferable and may not be sold, combined, or otherwise shared with any other persons:
10.4.1 In the event that you shall die, be permanently incapacitated or diagnosed with any one of the critical illnesses (with 100% claim payout upon diagnosis), your account hereto may, upon furnishing all relevant information and/or documents requested by BBS in a timely manner, be transferred to such person nominated by you or the executor/administrator of your estate.
10.4.2 Upon such a transfer, the nominated person shall thereafter be bound by all the terms and conditions of this Agreement, except the Criterion II as stipulated in Article 3.2 hereinabove.
10.4.3 Further thereto, upon such a transfer, you or your estate shall not have any claim whatsoever against BBS.
11. Information and Content
11.1 You agree that the content available throughout this Platform and the BZ Force Referral Program is the sole property of BBS. You acknowledge that this Platform and the BZ Force Referral Program have been set up and developed by BBS and are presently maintained, operated, and/or moderated by BBS and thus all information on this Platform and the BZ Force Referral Program constitute valuable intellectual property and trade secrets of BBS. You further agree to protect such proprietary rights of BBS during or after the term of this Agreement and to comply with all reasonable requests made by BBS to protect these rights and interests.
11.2 You are not authorized to make copies of, publish, distribute, reproduce, recompile, decompile, disassemble, reverse engineer, modify, upload to, transmit, alter, edit and/or in any other way exploit in any manner whatsoever any part of the Platform and/or the BZ Force Referral Program whether for sale or use to and by others for any purpose whatsoever without the prior written consent of BBS. You hereby agree that the restriction stated herein shall continue to apply after the termination of this Agreement without limit in point of time.
12. Modifications to the Platform and/or the BZ Force Referral Program
12.1 You acknowledge that BBS in its sole discretion may at any time and from time to time make modifications to the BZ Force Referral Program and/or this Platform. Changes or the failure to make timely changes may shutdown, sever or affect your access to or use of the Platform and/or the BZ Force Referral Program. BBS, its affiliates and any independent contractor engaged by BBS to assist in setting up, running, managing and/or moderating this Platform and/or the BZ Force Referral Program shall not be responsible for any consequences arising therefrom or any effects relating thereto.
13. Limitation of Warranties
13.1 You understand that BBS does not warrant that the Platform and/or the BZ Force Referral Program will be uninterrupted or error-free. All information shall be provided by BBS through the Platform as promptly and accurately as is reasonably practicable. In the event that any information is not available, is delayed, is interrupted, is incomplete, or is not accurate, or is otherwise materially and adversely affected, BBS shall only in so far as is a reasonably practicable endeavour to correct such failure(s).
13.2 You agree that BBS, its affiliates, and/or any independent contractor engaged by BBS to assist in the setting up, running, managing, and/or moderating of this Platform, shall not be liable in any way to you or any third party for any inaccuracy, errors, omissions or delays in the content of any information provided through this Platform, or for any actions taken by you, or any third-party, in reliance thereon. The information within this Platform can be considered to be reliable, but such Information is not guaranteed.
13.3 BBS does not warrant that the Platform is free from errors or viruses or worms and is not liable for any damage you may suffer because of such destructive features.
13.4 You expressly agree that the use of this Platform is at your own risk and that BBS, its affiliates and any independent contractor engaged by BBS to assist in setting up, running, managing and/or moderating this Platform, shall not be liable in any way to you or to any third parties including, without limitation, in respect of the following:
(a) any information, data, or message within this Platform;
(b) the transmission or delivery of any information, data, or message to and from this Platform;
(c) any loss or damage arising from or occasioned by any non-performance, deficiency, interruption or distortion of any information, data, or message, whether due to any negligent act or omission by BBS or otherwise;
(d) any "force majeure" event (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of BBS; and/or
(e) the use of this Platform.
14. Indemnity
14.1 You shall indemnify and shall keep BBS fully always indemnified against any and all claims, actions, demands, liability, costs (including any legal cost based on client-solicitor basis), expenses, damages, and/or losses which BBS may face, sustain or incur, arising out of any breach by you of the terms and conditions of this Agreement or any unauthorized action or statement made by you in the course of using this Platform and/or the BZ Force Referral Program.
15. Disclaimer and Limitation of Liability
15.1 Under no circumstances shall BBS, its affiliates, and/or anyone engaged in setting up, running, managing, and/or moderating this Platform and/or the BZ Force Referral Program be responsible or liable for any losses or damages in whatsoever nature incurred by you or by any other party in respect of this Agreement or in respect of the use of this Platform and/or the BZ Force Referral Program.
16. Notices
16.1 You agree that BBS fulfils its legal obligation when any notices, statements, documents and/or other communications is delivered to you by post (at the postal address in the Personal Information Form or at such other address as you may hereafter give to BBS in writing or enter on this Platform), by email (at the electronic mail address in the Personal Information Form or at such other address as you may hereafter give to BBS in writing or enter on this Platform), via this Platform (in a form of an available download or otherwise) or via other electronic means. All communications so sent, whether by post, e-mail, facsimile, telegraph, via this Platform, or otherwise, shall be deemed delivered and received, whether actually received or not.
16.2 You represent that you will download any relevant document delivered to you by Platform promptly after receiving notice of its availability. Should you experience any difficulty opening a document electronically delivered by BBS, you shall promptly advise BBS in order to allow BBS to make the required delivery by other means. Failure to advise BBS of such difficulty within forty-eight hours (48) after delivery shall serve as an affirmation that you were able to receive and open the said document.
16.3 All notices, requests, or communications to BBS, under or in connection with this Agreement, shall be in writing and shall be delivered personally, or sent by pre-paid registered post or courier to No.50 Jalan Metro Pudu 2, Fraser Business Park, Off Jalan Yew, 55100 Kuala Lumpur, or such other address as BBS may have notified you in writing.
17. Termination
17.1 You agree that BBS may at any time and in its sole discretion without prior notice to you, terminate this Agreement, terminate or suspend your access to and/or use of all and/or any part of the Platform and/or the BZ Force Referral Program for any reason whatsoever, including but not limited to:-
(a) if any information or data in the Personal Information Form and/or given by you to BBS from time to time is inaccurate, misleading, or untrue;
(b) if you breach any term of this Agreement which, in the case of a breach capable of remedy, is not remedied by you within seven (7) days of a notice from BBS specifying the breach and requiring its remedy;
(c) any of the representations and warranties contained in this Agreement is discovered to be untrue or misleading;
(d) any bankruptcy proceedings are instituted against you, you become bankrupt, or a receiver is appointed for any of your assets;
(e) you commit any act or omission which brings the reputation of BBS into disrepute; and/or
(f) you conduct yourself in any manner which, in the reasonable opinion of BBS, brings or is likely to bring you and/or BBS into disrepute.
17.2 In addition to the other rights and remedies provided hereunder and/or any applicable law:
(a) upon the occurrence of any event provided in Clause 17.1 of this Agreement, you will no longer be entitled to any Fee;
(b) if you fail to comply with, or violate any provisions of, this Agreement, you shall lose all rights to the relevant Fee (including deferred and withheld Fees); and/or
(c) without prejudice to the other rights of BBS under this Agreement, if the representation or warranty set out in Clause 7.1 (i) of this Agreement is discovered to be untrue or misleading, and BBS has already paid the Fee to you, you agree that you are obligated to return all of the Fees you have received to BBS within 30 (thirty) calendar days after BBS has notified you in writing on the relevant discovery.
18. Your Conduct on the Platform
18.1 The Platform is a private property. The usage of this Platform must be lawful and must comply with the terms and conditions set out herein. To the extent your conduct (which shall be determined by BBS in its sole and absolute discretion) restricts or inhibits any other user(s) from using or accessing or enjoying any part of the Platform, BBS may at its sole and absolute discretion limit your use or access to the Platform and/or seek other remedies. Examples of ACTIVITIES that are prohibited are as follows:
(a) submitting inaccurate information, committing fraud, and/or falsifying information in connection with your use of the Platform or in connection with your account with BBS;
(b) attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
(c) attempting to scan and/or test the security or configuration of the Platform and/or to breach the security or authentication measures without proper authorization;
(d) tampering or interfering with the proper functioning of any part, page or area of the Platform and/or any and all functions and services provided by BBS;
(e) attempting to interfere with service to any user in any manner, including, without limitation, by means of uploading or transmitting any form of virus , worm, Trojan horse, or other malicious code to the Platform, or attempting to “overloading” , “flooding”, “spamming”, “mail bombing” or “crashing” the Platform;
(f) using the Platform or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with BBS;
(g) reselling or repurposing your access to the Platform or any purchases made through the Platform;
(h) using the Platform or any of its resources to solicit Site End Users, Merchants or other business partners of BBS to become users or partners of other online or offline services;
(i) using the Platform to collect any personal data, including but not limited to names and/or email addresses;
(j) accessing, monitoring or copying any content or information from the Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(k) violating the restrictions in any robot exclusion headers on the Platform or bypassing or circumventing other measures employed to prevent or limit access to the Platform;
(l) taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on BBS’s servers or other portion of our infrastructure (as determined in BBS’s sole discretion);
(m) aggregating any live or post-feature content or other information from the Platform (whether using links or other technical means or physical records associated with purchases made through the Platform) with material from other sites or on a secondary site without our express written permission;
(n) deep-linking to any portion of the Platform without our express written permission;
(o) acting illegally or maliciously against the business interests or reputation of BBS; or
(p) hyperlinking to the Platform from any other website without our initial and ongoing consent.
19. International Use
19.1 BBS make no representation that information on the Platform is appropriate or available for use outside of Malaysia. If you choose to access the Platform from outside of Malaysia, you agree that you do so on your own initiative and are responsible for compliance with local laws.
20. Miscellaneous
Except as specifically permitted in this Agreement, no provision or condition of this Agreement can be, nor should be deemed to be, waived, altered, modified or amended unless agreed to in writing by BBS.
Notwithstanding the term “BZ Referrer”, nothing herein shall constitute a partnership between the Parties or create a relationship of employer and employee between BBS and the BZ Referrer. Accordingly, it is agreed between the Parties that the BZ Referrer shall not be entitled to receive any employment benefit from BBS.
Subject to BBS's rights to amend the terms and conditions of this Agreement, this Agreement represents the entire agreement between you and BBS concerning the subject matter hereof. Certain policies and/or procedures may be further outlined on this Platform and by your use of this Platform, you hereby agree to be bound by all such postings. You shall not assign any right and obligations hereunder without first obtaining the prior written consent of BBS. In the event of any conflict between this Agreement with subsequent notices put forward by BBS in the Platform, the subsequent notice(s) on the Platform shall supersede the conflicted provision.
Each of the terms and conditions of this Agreement is severable and distinct from the others. If at any time any term or condition of this Agreement shall be held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court of competent jurisdiction, or a regulatory organisation, agency or body, such invalidity or unenforceability shall attach only to such term or condition and the validity of the remaining terms and conditions shall not be affected or impaired thereby and this Agreement shall be carried out as if any such invalid or unenforceable term or condition were not contained herein.
This Agreement shall be governed by and construed according to the laws of Malaysia. All disputes arising out of or in connection with this Agreement shall be submitted to the courts of competent jurisdiction in Kuala Lumpur, Malaysia.
If you are a foreign national, non-resident alien, or if you do not reside in Malaysia, you affirmatively agree to waive your right to file any action against BBS in any foreign venue or jurisdiction other than in Malaysia as set forth above.
Time shall be of the essence of this Agreement.
20.7 Binding effect of Agreement
You hereby agree that this Agreement and all the terms herein shall be binding upon you and your estate, heirs, executors, administrators, personal representatives, liquidators, receivers, lawful assignees and successors-in-title.
20.8 Headings are Descriptive
The heading of each term or condition hereof is for descriptive purposes only and shall not be deemed to modify or qualify any of the rights or obligations set forth in each such term or condition.
20.9 Extraordinary Events / Technical Difficulties
In addition to the foregoing, you specifically agree to hold BBS, its affiliates and/or any independent contractor engaged by BBS to assist in setting up, running, managing and/or moderating this Platform or the BZ Force Referral Program harmless from any and all claims howsoever arising out of or in connection with this Agreement or the subject matter hereof, and agree that BBS, its affiliates and/or any independent contractor engaged by BBS to assist in setting up, running, managing and/or moderating this Platform or the BZ Force Referral Program shall not be liable for any loss, actual or perceived, caused directly or indirectly by any change in law, federal, state or local government restriction, any regulation, suspension of trading, equipment failure, communication line failure, system failure, security failure on the Internet, unauthorised access to the Platform, theft, or any problem, technological or otherwise, that might prevent you from entering this Platform or accessing the information on this Platform, or other conditions beyond the control of BBS.
APPENDIX 1
List of Insurance Products
The list of insurance products listed herein may be amended from time to time by the Insurance Company in its absolute discretion:
Regular Contribution Ordinary Family Takaful Plan
1. Takaful ProEssential Plan and its rider(s) (if any)
2. Takaful Al-Shams