Terms of Service
These Terms of Service (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Services”) provided by Surer (as defined below).
These Terms apply to all users of the Services, including without limitation users who are insurance agents, financial advisors, underwriters, or contributors of information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.
If you are accessing the Services from Singapore, these Terms are between you and Whitechalk Pte. Ltd. If you are accessing the Services from elsewhere in the world, these Terms are between you and Whitechalk Pte. Ltd. For ease of reference, Whitechalk Pte. Ltd. is referred to in these Terms as “Surer”.
By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.
Surer reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.
If you have any questions, please email us at email@example.com.
2. Use of the Services
Subject to your compliance with these Terms, Surer grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
You shall use the Services in accordance with our Platform Usage Guidelines, these Terms and shall not:
- Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
- Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
- Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
- Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
- Use the Services in violation of or to circumvent any sanctions or embargo.
- Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of Surer or its affiliates, partners, suppliers or licensors.
- Use the Services for any purpose for which it is not designed or intended.
- Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by Surer.
- Use any proprietary information or interfaces of Surer or any other intellectual property of Surer in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
- Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
- Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
- Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
- Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
- Collect any information in respect of other users without their consent.
- Commit any act to avoid paying any applicable fees and/or charges.
- Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake proposals; closing/renewing insurance deals with yourself.
- Authorise or encourage anyone to do any of the foregoing.
Surer reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend a your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our platform usage guidelines, any additional terms and conditions and policies.
You would need to have an account with Surer (“Account”) in order to use the Services. When you create an Account, you represent and warrant that:
- If you are an individual, you are at least 18 years of age.
- If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.
- You are capable of entering into and performing legally binding contracts under applicable law.
- All information which you provide is accurate, up to date, truthful and complete.
- You will comply with Surer’s terms of service and all applicable laws with respect to your activities and the Content which you upload to the Services.
- You shall not set up multiple Accounts, or transfer or sell your Account or user ID to another party.
You may purchase a subscription account (“Surer subscription account”) for access and use of the features and Services via the subscription service on the Surer platform or any of the methods as may be made available on the Surer or as may be notified to you from time to time.
You acknowledge and agree that:
You are a registered Singapore General Insurance Agent, Financial Advisor and/or Financial Institution of whom is in compliance with all rules, regulations and guidelines as stated in The General Insurance Agents’ Registration Regulations
You are a Life Insurance Agent of whom are compliant with the requirements as stated here and are employed by insurers (including, reinsurers) compliant to the Insurance Act (Cap 142) set out by the Monetary Authority of Singapore (MAS).
- Surer is not liable and to be held accountable for any misrepresentations you make to your clients, underwriters, and other users. Any representations you make to the above mentioned parties using Surer is done at your own risk.
- All Surer subscription account fees are due in advance for all Surer subscription account types.
- All Surer subscription account types are non-refundable
- Surer reserves the right to amend, suspend and/or terminate all or any part of any Surer subscription account, its terms and conditions, the types of content or services offered, the subscription period and rates for such Surer subscription accounts.
- Your subscription will continue and be renewed automatically on a monthly/yearly basis after the first month/year until you expressly instruct us that you wish to terminate your relevant Surer subscription account by providing us with written notice of non-renewal at least thirty (30) days’ before the expiration of the applicable current subscription period. All such notices should be made to firstname.lastname@example.org. Unless otherwise stated by Surer, any renewal of your subscription will be on the then prevailing subscription terms thereof.
- Surer does not represent or warrant that the said additional features and Services will remain available as a Surer subscription account.
- You shall be bound by any specific terms governing payment, subscription fees, minimum subscription periods, entitlements to any gift or premium under any promotion, termination fees which are applicable to your Surer subscription account, as set out in our application forms for the relevant subscription packages and payment terms you have selected.
- Your application for any Surer subscription account is subject to our acceptance. Surer will try to process your Surer subscription account promptly but does not guarantee that the Surer subscription account will be available to you by any specified time, even if an estimated time is indicated. The agreement with you for receipt of the Surer subscription account will come into effect only when you receive a confirmation of your subscription from Surer.
4. Surer Fees
Depending on the type of account and/or any additional services you may request in relation to your Account, you may be charged subscription fees and/or other fees and charges, to your Account (collectively, the “Surer Fees”).
You may pay your Surer Fees using a credit card or debit card (or cheque for financial advisory firms). You may also pay your Surer Fees through any of the methods as may be made available on Surer or as may be notified to you from time to time.
You acknowledge and agree that:
- in the event of a subscription or recurring payment, you shall ensure that all payments are made and cleared by your bank before each monthly and/or annual recurring payment is due. For payments by credit card, your credit card account must be in good standing and remain valid for the monthly/annual charge(s) to be debited successfully. In the event of an unsuccessful payment, your Surer subscription account will automatically be suspended and/or terminated if payments are not received within ten (10) days from due date;
- in the event your credit card has expired, or if you wish to use a different credit card, please make the necessary updates or changes on Surer. You may contact your sales representative or email us at email@example.com with the subject header, “Expiry/Change of credit card details” if you need assistance with this.
- save as set out in Clause 3 above, all subscription fees, and/or other fees and charges paid by you to us with respect to your Account or otherwise for your access to and use of the Services, are non-refundable. For the avoidance of doubt, there will be no refunds of any Surer Fees in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms;
- you shall make prompt payment of all Surer Fees, in full before the due date stipulated by Surer for such payment (where applicable) and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due to Surer, without prejudice to any other rights or remedies available to us, Surer shall be entitled to: (i) terminate and/or suspend your Account and/or your access to the Services; and/or (ii) charge you a late payment fee on the overdue amount at the rate of 1.5% per month, or, if lower, the maximum rate allowed by applicable law. You shall pay such fees together with the overdue Surer Fees and any legal fees and collection costs incurred by Surer in collecting any past due amounts. This fee will be applied on the day after the payment due date and will applied each month until the overdue amount is paid;
- in the event your Account is suspended or terminated for any reason any amounts due on your Account will immediately become due and payable. Surer reserves the right to immediately charge any amounts you have not previously disputed to the billing method that you are using and shall be entitled to terminate your Account, without prejudice to any other rights or remedies available to us.
5. Surer is a Venue
The Services provide a venue for users and underwriters to interact with each other, and to manage direct-to-underwriter and/or referral insurance deals. Surer does not pre-screen a user or the Content provided by a user, nor is Surer directly involved in transactions and/or agreements between users. Consequently, Surer has no control over, and you agree that Surer is not responsible or liable for, any of the following:
- The quality, safety, morality or legality of any aspect of the insurance deals, proposal information, quotations, underwriting details and policy details.
- The truth or accuracy of proposals created and sent out.
- The ability of users to complete an insurance deal or renew a policy.
- The ability of an underwriter to provide error-free quotes in a timely manner.
- The ability of users to pay for referral commissions due, or the ability of insurers/underwriters to pay for commissions and claims to users and the user’s clients and any other financial transactions between the users of Surer, the users’ clients, or insurers.
- The true identity, age, nationality, or sense of humour of a user.
- Any Content posted by users.
You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about an each proposal/renewal proposal which a user has put up to solicit for quotations. However, please exercise common sense and good judgment in your interactions with other users. While Surer endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.
The Services allow users to create proposals and share content, such as the user’s client’s, business information, contracts, data, text, links and other information (“Content”).
You retain ownership rights in the Content which you upload or share on the Services but you grant Surer a worldwide, fully-paid, royalty-free, sub-licensable, and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content for the purpose of operating, developing, providing, promoting, and improving the Services and to research and develop new products and services.
You understand and agree that you are solely responsible for the Content which you create in proposals, post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.
You acknowledge that Surer does not pre-screen Content inputted/uploaded by users. Surer shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, Surer shall have the right to remove Content, without liability or the obligation to offer a refund or compensation, in any of the following events:
- If the Content is in breach of these Terms.
- If Surer has received a complaint or notice of infringement in respect of the Content.
- If the Content is otherwise objectionable.
Surer may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.
7. Creating/sending/accepting of proposals/renewal proposals
In using the Services to create a proposal/renewal proposals and solicit for quotes, you agree to comply with the following:
- All proposals/renewal proposals must comply with these Terms of Service.
- You must provide a fair, accurate and give complete information of each insurance product selected.
- Each proposal that is sent to underwriters and other users for referral purposes is unique and not duplicated.
- Your proposals/renewal proposals should be filled with information according to the fields presented in each insurance product’s form, which include text, descriptions, numerical values, document uploads, and other content relevant to the insurance product. All Content contained in a proposal/renewal proposal must be true, complete, accurate and not misleading in any manner whatsoever.
- Any links included in your proposals/renewal proposals that leads to your personal or corporate website and must not include any links to third party websites.
Without prejudice to the rest of these Terms and Surer’s policies, you warrant, in respect of a proposal/renewal proposal, that:
- You are a genuine insurance agent/financial advisor representing a genuine client.
- The Content in any proposal does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.
- All offers/quotes made and accepted through the Services are binding.
- All commission splits agreed with referral agents are binding.
If you are a referral agent who has accepted/forwarded a proposal/renewal proposal to your underwriters from another user’s proposal/renewal proposal request, and the subsequent quotations are accepted by the user:
- You agree to honor all commissions splits agreed with the user.
- You agree to follow through and assist the user with the finalisation of the policy and any subsequent insurance claims made by the user’s clients, as they occur, in a prompt manner unless there is an exceptional circumstance, for instance, if the user or the user’s client is not a genuine entity or person, or if the user’s client is breach of not making policy payments to the insurer.
Surer is not involved in the negotiations of commission splits between users and users acting as referral agents, and therefore, not liable in disputes arising from the instance where no commission splits are agreed between users and users acting as referral agents when a proposal/renewal proposal is accepted.
In communicating with a user through the Services for the offering of or acceptance of a proposal/renewal proposal, you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.
Notwithstanding the foregoing, as Surer is not involved in Transactions which are considered solely between users, underwriters and insurers, Surer cannot ensure that a user (whether as a proposal originator or referral agent) would follow through and complete a Transaction or pay up on agreed commission splits.
8. Disputes with users
If you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to Surer, Surer will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release Surer from any claims, demands and damage arising out of your disputes with users of our Services.
9. Intellectual Property
You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Surer. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of Surer. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by Surer.
The Services may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
You are not authorised by Surer to use Surer’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Surer, which may be withheld for any or no reason.
10. Suspension and Termination
You may deactivate your Account at any time by giving us notice in writing or email.
Surer reserves the right to, at its sole discretion, and without liability:
Suspend or terminate your Account and/or your access to the Services at any time, for any breach of these Terms, our platform usage guidelines, any additional terms and conditions and policies.
Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.
Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.
Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
11. No Warranty
You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
Surer does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and Surer’s servers are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Surer is not responsible for any delays, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from Surer or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that Surer has no obligation to support or maintain the Services.
Surer disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. Surer is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.
In addition, the Services may promote, advertise or sponsor functions, events, offers or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. Surer does not accept any responsibility in connection with your participation in activities conducted by any other party.
12. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
IN NO EVENT SHALL SURER OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SURER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SURER’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY SURER IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will indemnify and hold harmless Surer, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
Surer does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Surer and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
15. Sub-contracting by Surer
Surer reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as Surer deems appropriate.
You and Surer are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
Except as provided herein, any failure by Surer to exercise a right or require performance of an obligation in these Terms shall not affect Surer’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
These Terms constitute the entire agreement between you and Surer and supersedes all prior or contemporaneous understandings and/or agreements between you and Surer.
17. Governing Law and Jurisdiction
You hereby agree that the laws of Singapore shall govern this Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
Effective on December 30, 2019