By accessing and using this https://www.insuranceko.ph website (this “Website”) and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
If you do not agree to be bound by this Agreement, do not understand the Agreement, or if you need more time to review and consider this Agreement, please leave the Website immediately. The Company only agrees to provide use of the Website and Services to you if you assent to this Agreement.
1. DEFINITIONS
The parties referred to in this Agreement shall be defined as follows:
a. Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website and certain Services on it, available to users. EnsureMePh Insurance Broker, Inc., Company, We, Us, Our, Ours and other first person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
b. You, the User, the Client: You, as the user of the website will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
c. Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
2. AGE RESTRICTION
You must be at least Eighteen (18) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.
3. INTELLECTUAL PROPERTY
The Website, including all content features in the Website including all texts, graphics, images, logos, trademarks, and the link (the “Content”), and Services provided by the Company are the properties of the Company. You agree that that the Company owns all right, title, interest in and to the Content and that You will not use the Content for any unlawful or infringing purpose.
Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable, and revocable license to use the Content solely in connection with Your use of the Website and Services. The Content may not be used for any other purpose, and this license terminates upon Your cessation of the use of the Website or Services or at the termination of this Agreement.
You agree not to reproduce or distribute the Content in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Company.
4. USER ACCOUNTS AND OBLIGATIONS
Some content on the Website may only be accessed by the User by registering with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also be required to provide personal information, including, but not limited to, Your names and contact information. You are responsible for ensuring the accuracy of this information.
You agree to change Your password from time to time. You also agree to keep Your user identifier and log-in password confidential and that You will not share such identifying information with any third party. If You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification to connect@insuranceko.ph will suffice.
You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us informed of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is ground for immediate termination of this Agreement.
You agree that You are solely responsible for all acts or omissions that occur under Your identifying information or password, including the content of any transmissions using the Website or Service.
5. ACCEPTABLE USE
As a condition of Your use of the Website or Services, You agree not to use the Website or Service for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.
You further agree not to use the Website or Services to:
a. Harass, abuse, or threaten others or otherwise violate any person’s legal rights;
b. Violate any intellectual property rights of the Company or any third party;
c. Perpetrate any fraud;
d. Engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
e. Attempt to gain unauthorized access to the Website or Service, other accounts, computer systems or networks connected with the Website or Service;
f. Transmit or upload any content or material that contains viruses, trojan horses, ransomware, or other harmful or deleterious programs or software;
g. Publish or distribute any obscene or defamatory material;
h. Publish or distribute any material that incites violence, date, or discrimination towards any group;
i. Unlawfully gather information about others, including email addresses;
j. Interfere with another user’s use and enjoyment of the Website or Service or any similar Website or Service;
k. Commit any acts punishable under Philippine laws.
6. SUBMISSION POLICY
User Submissions are text, photos, images, graphics, videos, or any other content that the User has added, uploaded, or posted to the Website or Service.
You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let Us know.
7. AFFILIATE MARKETING AND ADVERTISING
The Company, through the Website and Services, may engage in affiliate marketing whereby the Company receives a commission on or percentage of the sale of products or services on or through the Website. The Company may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
8. PRODUCTS AND SERVICES
Our website also serves as our channel to sell and offer the insurance products provided by our Partner Insurance providers. The terms and conditions of this Service complies with the rules and regulations of the Insurance Commission, including IC Circular Letter No. 2014-47 dated 21 November 2014, our data privacy and customer charter.
All insurance products sold and offered through this channel are subject to the terms and conditions of the appropriate insurance policy/ies issued by the Insurance Company and the Insurance Code.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to cancellation or termination in accordance with law or the terms of the applicable insurance policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
From time to time, the Company may post promotional offers for Products and Services on the website in accordance with existing Philippine laws on e-commerce and trade. The frequency of such offers, as well as their terms and conditions are determined by the Company.
9. CANCELLATIONS AND REFUNDS
The cancellation of any product/s purchased through this website and any refunds shall be effected in accordance with the terms and conditions of the insurance policy, and any applicable Philippine laws, rules and regulations. Any amount/s due for refund shall be paid directly to the policyholder. To the extent permitted by law, we will not be liable to you or to any third party if we do this.
10. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. If we make a change to an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Cancellation Policy per product.
11. PRIVACY
Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information in the Philippines and any other country where We may operate.
We take Our privacy obligations very seriously in accordance with the Philippine Data Privacy Act.
Please refer to Our privacy policy (www.insuranceko.ph/privacy) for further information about what information We collect, how We use it and store it, and Your rights in relation to it.
We may share your personal information with our third-party suppliers, service providers, independent contractors, partners, and the insurance providers, and their employees or agents, such as payment gateways and logistics service companies, solely for the purpose of processing your transaction.
12. DATA STORAGE
All the necessary information including personal information needed to process customer insurance application and for better customer experience on our website are stored in a secured cloud database service that prioritize data security and accessibility.
Alongside this, an encryption algorithm will also be employed when storing the data into the database, as well as when storing the user session into cookies for easier data access.
13. COOKIES
WEBSITE ANALYTICS
This Website uses cookies to allow us to help you navigate efficiently to obtain the information and services you need. We engage third-party service providers to analyze non-identifiable web traffic data, including:
• The search terms you used
• The pages and internal links accessed on our site
• The date and time you visited the site
• Geolocation
• The referring site or platform (if any) through which you clicked through to this site
• Your operating system
• Web browser type
14. INDEMNITY
You agree to defend and indemnify the Company and any of its affiliated (if applicable) and hold Us harmless against and legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions.
You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
15. OTHER ACTION
We reserve the right to take any of the following actions in accordance to these Terms and Conditions or any applicable laws
a. Monitor, review, edit or delete any User Submissions
b. Determine whether or not You have breached this Agreement;
c. Record any correspondence that occurs in public sections of the Website or Service;
d. Review any allegations about breaches of these Website or Service, and determine whether to take any action in response to those alleged breaches, including removal of any Content in relation to those alleged breaches;
e. Determine whether to terminate Your or another user’s access to any particular section or sections of the Website or Service.
16. SPAM POLICY
You are strictly prohibited from using the Website or any of the Company’s Services for spam activities, including gathering email address and personal information from others or sending any mass commercial emails.
17. REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b. Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.
18. MODIFICATION & SERVICE INTERRUPTIONS
The Company may, in Our sole discretion, vary, alter, amend, change, or update the Website or Service and/or its Content at any time. The Company may need to interrupt Your access to the Website to implement any change or to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
19. VARIATION OF TERMS
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement and are in full force and effect immediately upon posting on the Website and that the modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
You agree to routinely monitor this Agreement and refer to the Effective date at the bottom part of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing an older version of this Agreement.
Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
20. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. The Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
21. APPLICABLE LAW
This Agreement and Your use of the Website and all non-contractual relationships arising out of Your use shall be governed and construed in accordance with the laws of the Philippines.
In case of any dispute or litigation, the Parties agree to submit to the jurisdiction of the Philippines courts.
22. ASSIGNMENT
This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or in part by You. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
23. SEVERABILITY
If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
24. NO WAIVER
Our failure to enforce any provision of this Agreement shall not constitute a waiver of any future enforcement of that provision or of any other provision.
No waiver shall be deemed to have been made unless expressed in writing and signed by Us. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part or of the same part or sub-part on a future date.
25. HEADINGS
Headings of parts and sub-parts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement.
26. CONTACT US
You can contact us about this Agreement using the following details:
connect@insuranceko.ph
27. EFFECTIVE DATE
This Agreement will become effective on 1 Jan 2022.