Terms of Use

Acceptance of Terms of Use

This Web Site is owned and maintained by Insurance Company of North America (the "Owner") which is a member of the CHUBB Group of insurance and reinsurance companies ("CHUBB"). CHUBB is made up of insurance and reinsurance companies located in various countries that are licensed or otherwise approved to transact insurance and/or reinsurance business. CHUBB also includes companies that provide services to the insurance industry and other customers.

This Web Site provides users with access to an online collection of information and materials. These materials may include insurance applications and policy forms and other information related to certain insurance products and services ("Products and Services") offered by providers of insurance and insurance-related services operating within CHUBB. The Web Site also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, "Content"), and may provide access to certain proprietary software used in connection with navigating and utilizing the functionality offered through this Web Site ("Software"). This Web Site is intended for use only by users who are at least 18 years of age and who reside in the Philippines.

PLEASE NOTE: Your access to and use of this Web Site are subject to the following Terms of Use, as well as all applicable laws and regulations. Please read these terms carefully. If you do not accept and agree to be bound by any of these terms or conditions, you are not authorized to access or otherwise use this Web Site or any of the information, contents, services or software contained on this Web Site. Your access to and use of this Web Site constitute your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Terms of Use may be changed, modified, supplemented or updated by the Owner from time to time without advance notice. Unless otherwise indicated, any new Products and Services, Content and Software added to this Web Site will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Web Site periodically for updates and changes.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT THE OWNER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE, SERVICES, CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE, OR STATEMENT OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEB SITE, SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE OWNER OR ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEB SITE.

Notices

Any notices to you from the Owner regarding the Web Site or these Terms of Use will be posted on this Web Site or made by e-mail or regular mail.

Electronic Communications

When you visit this Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Indemnity

You agree to defend, indemnify and keep indemnified the Owner harmless from and against any demands, liabilities, losses, costs and claims including any legal fees that may be incurred by the Owner in connection with, arising or resulting from (i) your use or misuse of the Web Site, or (ii) your breach or violation of these Terms of Use; or (iii) any intellectual property or proprietary right infringement claim made by a third party against the Owner in connection with your use of the Web Site.

Termination

The Owner reserves the right to terminate and/or suspend your access to the Web Site at any time for any reason. The Owner shall have the right, at its sole discretion, to immediately terminate your account in the event of any breach by you of this Terms of Use or you violate the rights of the Owner, any other user or of any third party.

General Provisions

Entire Agreement

This Terms of Use Agreement, the Privacy Policy, and other policies the Owner may post on this Web Site constitute the entire agreement between the Owner and you in connection with your use of this Web Site and the Content, Services and Software, and supersedes any prior agreements between the Owner and you regarding use of this Web Site, including prior versions of the Terms of Use Agreement. The Owner may update this Terms of Use Agreement from time to time by posting revised Terms of Use on this Web Site, without notice to you, and your subsequent use of the Web Site indicates your acceptance of and is governed by those new Terms of Use. The Terms of Use is effective until terminated or updated by the Owner at any time without notice. In the event of termination, the disclaimers and limitations of liabilities set forth in the Terms of Use Agreement will survive. The Terms of Use will be deemed to include all other notices, policies, disclaimers and other terms contained in this Web Site, provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Use, these Terms of Use will control.

Third Party Purchases Governed by Separate Agreement

The terms and conditions governing your purchase of any goods or services from any third party companies or financial institutions represented in this Web Site shall be governed by a separate agreement duly executed between you and the supplier of such goods or Services, including CHUBB, as applicable.

Age and Location of User

All information and content available on this Web Site are solely directed to individuals 18 years of age or older residing in the Philippines. The Owner makes no representation that the Content, information, products, Services or Software are available for use outside of the Philippines . Any use of the Services, Content and Software is prohibited where they are not allowed by law.

This Web Site contains a Binding Arbitration Provision which may be enforced by the parties

Dispute Resolution

Any dispute, difference or claim arising out of or in relation to this Terms of Use Agreement or use of this Web Site or the breach or termination thereof, shall be decided by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration. Such reference shall be deemed to be a submission within the meaning of the Arbitration Act 2005. The parties agree to the appointment of a sole arbitrator by agreement between the parties or in default of such agreement, to be appointed by the Director of the Kuala Lumpur Regional Centre for Arbitration. The seat and venue of the arbitration shall be Kuala Lumpur. The arbitral proceedings shall be conducted in the English language. Nothing in this clause shall prejudice the parties’ rights to seek injunctive relief from the courts.

Governing Law; Jurisdiction; Venue; Severability of Provisions

The Terms of Use are governed by the laws of the Philippines. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

Password Accounts, Passwords, and Security

If you have been given the option to open an account on this Web Site which will provide you with access to password protected portions of the site and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify the Owner of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. The Owner will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Owner or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder. The Owner is entitled, with or without notice, to invalidate or cancel the password and/or account without any obligation to give reason or explanation. The Owner shall not be liable for any loss or damage which you may suffer as a result of such invalidation or cancellation of password and/or account.