GIGACOVER WEBSITE TERMS OF USE
These Terms and Conditions of Use (the “Terms of Use”) apply to the website of Gigacover Philippines, Inc. (“Gigacover”) located at http://www.gigacover.com, and all associated sites linked to http://www.gigacover.com by Gigacover, its subsidiaries and affiliates, including Gigacover sites around the world (collectively, the “Site”). The Site is the property of Gigacover Pte Ltd (“Gigacover”) and its licensors.
Gigacover is an authorized and licensed insurance aggregator. Gigacover does not represent any particular insurance company in its dealings. Gigacover is not an insurance company or broker and does not underwrite any insurance risk, nor does it represent any insurance company or brokerage in its dealings with you.
Gigacover reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Gigacover grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. You agree that Gigacover shall not be liable to you or any third party for any modification to these Terms of Use, or limitation or restriction of your access to the Site, if warranted.
These Terms of Use should be read in conjunction with Our Privacy Policy and other terms and conditions as they apply to the various programmes, promotions, contests as and when they are updated. If you violate any of the terms mentioned herein, your right to access and use the Services will be terminated immediately.
The Services
Gigacover offers an independent online service that allows you to compare insurance products provided by licensed third parties (the “Services”). The business of Gigacover is to identify insurance proucts and services provided by third parties that may be of interest to you. For the avoidance of doubt, other than the maintenance and operation of the Site, Gigacover does not carry on an insurance business and all insurance-related activities it is not otherwise authorized to engage in as determined by the Insurance Commission. The Services are free, as Gigacover monetizes the Services through its partner insurance providers. Please know that Gigacover will not charge you for any of the Services. Please report to Gigacover any parties that would purport to be connected with Gigacover and claim to be authorized to charge you for use of the Site or any of the Services.
Nothing on the Services is intended or may be relied upon as financial advice or a recommendation or endorsement of any of the featured products or services. All information contained in the Services shall only be used for reference and should be treated as advice from Gigacover. While Gigacover provides information that may help you select the product or service that best addresses your needs, you acknowledge that it is your sole responsibility to conduct research, seek independent and professional advice and ensure the suitability of the product or service that may interest you.
Additionally, nothing concerning the Services may and shall be deemed to serve as a proposal by Gigacover or any third party to sell to you an product or service or enter any contract with you as regards any product or service. In providing your personal information and use of the Site, you are essentially proposing to be provided to get the relevant product or service from the relevant third party based on its terms and conditions. Thus the relevant third party reserves the final right to decide whether or not to accept your offer.
Note that while Gigacover seeks to provide uninterrupted access to the Site, Gigacover cannot assure the same.
In the event you provide feedback regarding our Services or any content on the Site (not including information covered by our Privacy Policy), you agree and acknowledge to our authority use such information for any lawful purpose.
Insurance Products
Any contract to obtain an insurance product will be entered into between you and the relevant insurance company and shall be bound by the terms and conditions of such insurance company on the corresponding product or service. It is your responsibility to read these terms and conditions carefully and to understand the same before entering into such contracts. Gigacover shall not be responsible as regards your choice of product or service.
No insurance coverage shall be construed as bound, in force or effective as a result of your submission of information or data to Gigacover. You are only considered covered when the terms and conditions for coverage by the corresponding insurance company have been complied with.
Unless otherwise provided, products and services described in the Site are not available to persons outside the jurisdiction of the Republic of the Philippines. The products and services in the Site are similarly not available to persons who do not possess the legal capacity or capacity to act required to enter into contracts.
You agree that where appropriate and subject to your consent, all documents related to products and services may be sent to you electronically.
You acknowledge that the effectiveness of the Services depend on the accurate information provided by you to Gigacover. You thus undertake to:
- Disclose all information requested of you that would influence the judgment of an insurance company in fixing the premium or determining whether to underwrite the risk;
- Not misrepresent material facts; and,
- Not provide any false or fraudulent claims.
You acknowledge and agree to any payment arrangement that may have been agreed upon between Gigacover and the relevant insurance company in facilitating payments of premium and any other fees.
You acknowledge and agree that in case you are availing of the Services through a mobile device, your wiresless service carrier’s standard charges, data rates and other fees shall apply. Further, by providing mobile device information to us, you agree and acknowledge to our communicating to you via SMS, MMS, text message or other electronic means and that information regarding your usage may be communicated to us. In the event of change of mobile device or deactiviation, you agree to update Gigacover the soonest as to such change or deactivation.
Information Collected through Cookies and Similar Technologies
We use cookies to personalize the Services for you and to collect aggregate information about usage of our Services. A cookie is a text file or other local storage identifier provided by your browser or associated applications. We use cookies for record-keeping purposes and to enhance the quality of your use of our Services. The cookies assign random, unique numbers to your Devices to enable our systems to recognize your Devices and to allow us to see how you use our Services. Additional information about cookies and how they work is available at http://www.allaboutcookies.org.
The cookies we use in connection with our Services include:
Third-party cookies: We permit certain third parties to place cookies through our Services to provide us with better insights into the use of our Services and user demographics and to advertise our Service to you. These third parties may collect information about your online activities over time and across different websites when you access or use our Services. For example, we utilize Google Analytics to analyze usage patterns for our Services. Google Analytics generates a cookie to capture information about your use of our Services, which Google uses to compile reports on website activity for us and to provide other related services. Google may use a portion of your IP address to identify its cookie, but this will not be associated with any other data held by Google. We may also permit third-party service providers to place cookies for our Services, as indicated above, to perform analytic or marketing functions where you are notified of them and you have consented to the usage. We do not control the use of such third-party cookies or the resulting information, and we are not responsible for any actions or policies of such third parties.
By accessing or using our Services, you consent to the placement of cookies on your Devices as described in this Privacy Policy. If you prefer not to receive cookies through our Services, you may control how your browser responds to cookies by adjusting the privacy and security settings of your web browser. Unless you set your browser settings to refuse all cookies, our system may issue cookies when you access or use our Services. If you set your browser settings to refuse all cookies, the performance of certain features of our Services may be limited or not work at all.
Disclaimer of Warranties
All information published on the Site is provided ‘as is’ and ‘as available’ and are without any express or implied warranty of any kind. We do not warrant the accuracy, adequacy or completeness of the information published on the Site and expressly disclaim liability for all errors or omissions that may occur. We may at our sole discretion change, delete or replace the Site, the content within or any part thereof.
User Registration
In order to register as a personal user through the Site, you must be at least 18 years old and are not prevented by any law applicable to You that would prevent you from registering as a user.
You acknowledge that all registration information provided by You is accurate during registration and that you undertake to update the said registration information as and when there are any changes to them. You are allowed to register for and operate only one personal user account.
You are responsible at all times for the safekeeping of your user login information and password. You agree to notify us without undue delay if you have reason to suspect that there has been unauthorised access to your personal user account.
You agree and undertake to notify us immediately if you see any inaccurate personal information or policy information that is available on your user profile.
You agree not to obtain or attempt to obtain unauthorised access of the Site or to any protected information through any means not intentionally made available by Us for Your specific use.
We have the sole discretion to reject your user registration request or revoke your existing user registration.
Operation of the Site
We do not warrant that access to Our Website will be uninterrupted, free from errors or that any identified defect will be corrected. Further, we do not warrant that Our Website is free from any viruses or other malicious, destructive or corrupting code or that viruses, malware or spyware will not be transmitted in connection with or arising from the use of Our Website.
We may at any time without prior notice provide updates to the Website for the purposes of technical repair, software maintenance or to improve our services as a whole. This may result in a temporary disruption that may cause access to the Website and Application to be denied, for which We will not be liable for. We are also not liable for any loss of data or consequential damage as a result of the temporary disruption.
Third-party Content, Systems and Transactions
Our Website may contain and/or may provide, links to other websites or content on the Internet that are owned or operated by third parties. Unless We expressly state otherwise, you are to regard that these other websites are not under Our control. We assume no responsibility and shall not be liable for any errors or other consequences arising from accessing or delays in accessing such other websites or content or any actions taken in reliance thereon, and We disclaim liability for any and all forms of loss or damage arising out of the use of those other websites and their content.
Under no circumstances shall it be construed that, in case of your access to and use of any third-party systems, We are party to any transaction, if any, between you and such third party.
Intellectual Property
All Trade Marks are registered and unregistered trademarks of Gigacover, its related corporations and/or third parties. Nothing on Our Website should be construed as granting, by implication or otherwise, any licence or right to use any Trade Marks displayed on the Website, without Our written permission or any other applicable trade mark owner. The name or word ‘Gigacover’ may not be used in any way without Our prior written permission.
All Content published on Our Website is the property of Gigacover, its related corporations, and/or third parties. You may not reproduce, republish, copy, display, broadcast, hyperlink, mirror, frame, transfer, transmit, distribute, store or in any other fashion re-use the Content in any manner or by any means unless given express written permission by Us, our related corporations and/or third parties to do so.
Indemnity
You agree to indemnify and hold harmless Gigacover handling or otherwise providing access to the Website, from and against any and all claims, actions, demands, proceedings, liabilities or judgments, and against all losses, taxes, expenses, costs, legal fees, and liabilities (present, future, contingent or otherwise on an indemnity basis), which may be suffered or incurred by any of the Indemnified Persons as a result of or in connection with a breach of this Terms of Use by You.
Exclusion and Limitation of Liability
Gigacover shall not be liable for (i) any loss of profit, business or revenue, (ii) any costs or expenses, or any special, indirect or consequential damages of any nature whatsoever, suffered or incurred by you as a result of or in connection with the provision of access to Our Website.
Rights of Third Parties
Nothing in this Terms of Use is intended to, nor shall create any right enforceable by any third party.
Permitted Use
You shall use the Site for personal, non-commercial functions, particularly to find products and services that suit your personal needs. Access to the Site aside from your personal, non-commercial functions is strictly prohibited.
Prohibited Use
You may not use the Site to engage in the following categories of activity:
- Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which it is or is required to be a member;
- Partake in a transaction which involves the proceeds of any unlawful activity;
- Defraud or attempt to defraud Gigacover or any of its users;
- Infringe upon the Gigacover’s intellectual property rights;
- Provide false, inaccurate or misleading information;
- Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
- Interfere with another individual’s or entity’s access to or use of any of the Site;
- Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
- Publish, distribute or disseminate any unlawful material or information;
- Transmit or upload any material to the Site that contains harmful or deleterious programs;
- Collect information from Gigacover about others, including but not limited to email addresses, without proper consent;
- Act as a payment intermediary or aggregator or otherwise resell any of the Services;
- Transfer any rights granted to it under these terms and conditions;
- Otherwise attempt to gain unauthorized access to Gigacover, other accounts, computer systems or networks connected to Gigacover, through password mining or any other means;
- Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law; or,
- Take any action that Gigacover deems as circumventing controls or intended to cause damage in any way.
Governing Law
These Terms of Use will be governed in accordance with Philippine laws. With respect to any legal proceeding, each party submits to the exclusive jurisdiction of the courts of Makati City, Philippines.
In the event any provisions of this Terms of Use are found to be or become unlawful, invalid or otherwise unenforceable, that provision is deemed severed from this Terms of Use and shall not affect the legality, validity and enforceability of the remaining provisions of this Terms of Use, and shall continue in force as if such unlawful, invalid or unenforceable provision was severed from this Terms of Use.
No rule of law (or interpretation to the effect) that an ambiguity in a document is to be construed against the party drafting or preparing such document shall apply in respect of this Terms of Use.
The headings used in this Terms of Use are for convenience of reference only and are not to affect the construction of, or to be taken into consideration in, interpreting this Terms of Use. Definitions “Terms of Use” means these Terms of Service, which may be revised, amended or supplemented from time to time, which expression shall where the context so admits, include any of them;
“Content” means information, applications, programmes, text, graphics, logos, icons, images, sound clips, video clips, data compilations and any other material displayed on the Website/Application, including the Website/Application page layout, underlying code and software;
Gigacover means Gigacover Philippines, Inc.;
“Trade Marks” means the trade marks, service marks, trade names, used and displayed on the Website;
“Website” means the internet location, all pages and content for Gigacover, accessed via desktop or mobile App, which is at www.gigacover.com.