Terms & Conditions
1. These Terms and Conditions (these “Terms”) apply to the use of this application (“App”), website (“Web”), and the associated services (“Services”) provided by YAS DIGITAL LIMITED (“YAS”, “we”, “us”, or “our”) together with:
- any other terms and conditions that we may notify you of.
References to “you” in these Terms of Service means you, your duly authorized representatives and any entity you may represent in connection with your use of the App, the Web or the Services.
2. Using the App and the Web
2.1 For the purposes of these Terms,
(i)“IP Rights” means any copyright, trademarks, service marks, trade names, corporate names, domain names, design rights, registered designs, database rights, semiconductor topography rights, know-how, patents, goodwill, or any similar right exercisable anywhere in the world, and all applications or rights to apply for the same (where such applications can be made), whether presently existing or created in the future, and whether registered or not, and all benefits, privileges, or rights to sue, recover damages and obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights;
(ii)“App and Web Content” means any data, material or information, in any format whatsoever, including (without limitation) any data files, text, computer software, images, graphics, photos, video clips, sound, audio files, directories, files, databases or listings, that are made available on or through the App and the Web; and
(iii)“Third Party Content” means any App and Web Content provided, uploaded, transmitted, submitted or posted by or sourced from any third party.
2.2 All rights, title, interests and IP Rights subsisting in this App, this Web and the App and Web Content (excluding User Content and Third Party Content) are wholly owned by YAS. All Third Party Content shall belong to the relevant third party licensor. You acknowledge and agree that we shall not be obligated (but reserve the right at our sole discretion) to actively monitor or exercise any control whatsoever over any Third Party Content. We do not endorse any Third Party Content, and make no warranties, representations or undertakings in relation to the same.
2.3 Subject to these Terms and our policies (including policies made available to you within the Services), we grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use the App, the Web, App and Web Content and our Services, provided that:
(i) you will not copy, distribute, modify or create derivative works based on any part of the App, the Web, App and Web Content or the Services without our prior written authorization;
(ii) you will not use the App, the Web, App and Web Content or Services to send unsolicited or unauthorized advertisements, spam, chain letters, or any other communications or materials;
(iii) you will not transmit malicious code or any content which contains software viruses, or other harmful computer code, files or programs;
(iv) you will not interfere with or disrupt servers or networks connected to the Services or the access, operation or security of the App, the Web or the Services;
(v) you will not use the App, the Web or Services in order to impersonate another person or otherwise misrepresent an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
(vi) you will not use the App or the Web to send, communicate, upload, or engage in any harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene or menacing behaviour; and
(vii) you comply with these Terms. Certain software code incorporated into or distributed with the App, the Web or otherwise with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses (collectively, the “OSS”). Notwithstanding anything to the contrary in these Terms, the OSS is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
2.4 The App and the Web can be used on a mobile device running an operating system supported and specified by us from time to time, from which you can access the internet.
2.5 Updates to the App may be issued periodically through the supplying app store. For some devices, updates will be downloaded automatically. Depending on the update, you may not be able to use the App until the latest version has been downloaded.
2.6 You must be at least 18 years or over in order to use the App, the Web and the Services. By using the App, the Web and the Services, you represent and warrant that you are 18 years old or above. The App and the Web is not intended for download or use in any jurisdiction where such download or use would be contrary to any law or regulation of such jurisdiction or where we are not licensed or authorized to provide the App, the Web or Services. If we discover or suspect that a registered user is not eligible to use the App, the Web or the Services, we will cancel that user’s account and/or block that user from accessing the App, the Web and the Services.
2.7 iPhone, iPad, iPod Touch, Touch ID and Apple are trademarks of Apple Inc., registered in the US and other countries. App Store is a service mark of Apple Inc. Google PlayTM is a trademark of Google Inc. AndroidTM is a trademark of Google Inc.
2.8 All quotes generated by the App and the Web are based upon the information that you provide. Quotations do not amount to a contract or agreement for the insurance product. To obtain the insurance product, you will need to make an application to the Insurer through the App or the Web and all applications shall be subject to the approval of the Insurer. Whether your application is accepted or not is a decision for the Insurer and we cannot advise or act for you. Your insurance product will be subject to the Insurer’s terms and conditions (i.e. Policy Wording). You may access the Policy Wording upon your insurance application.
2.9 All information you submit for an insurance claim is subject to review and verification. The Insurer may request additional information from you before the Insurer decides to pay your claim. Whether a claim is paid or not and the amount to be paid is a decision for the Insurer and we cannot advise or act for you. A claim representative from the Insurer may be communicating with you regarding your claim.
2.10 The App, the Web or the Services may allow you to submit or request that you submit content such as text, photos, audiovisual content, and other media content (“User Content”). By uploading User Content, you are granting us a worldwide, non-exclusive, irrevocable, royalty-free license to use, publish, translate, transmit, display, disseminate, distribute, create derivative works, modify (for technical purposes) and reproduce such User Content (in whole or in part), for any purpose relating to the App, the Web, the Service and/or any associated support, and/or to analyse and/or improve the App, the Web, App and Web Content or the Services. You agree that these rights and licenses are sub-licensable and transferable, and include a right for us to make such User Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose your User Content to third parties if we determine such access is necessary to comply with our legal obligations.
2.11 You represent, warrant and undertake that:
(i) you have the right to grant the rights and licenses under Clause 3.9 in relation to the User Content;
(ii) the User Content (and our use or our sub-licensees’ or assignees’ use of the User Content pursuant to Clause 3.9) shall not infringe the rights of any third party;
(iii) the User Content shall be accurate, up-to-date and not misleading; and
(iv) the User Content shall not be illegal, defamatory, libelous, harassing, offensive, abusive, threatening, indecent or obscene. You understand and agree that you are solely responsible and liable for the User Content, and we have no responsibility or liability to any third party in relation to the User Content.
3.0 Your Responsibilities
3.1 You must comply with all applicable laws and regulations that govern your download, access and use of the App, the Web and App and Web Content.
3.2 You must not alter, modify, adapt, reverse-engineer, copy or reproduce all or any part of the App or the Web.
3.3 You must not remove or tamper with any copyright notice attached to or contained within the App or the Web. All ownership in the App and the Web remains with us.
3.4 In order to use the App, the Web or access the Services or App and Web Content, you will need to create an account. You hereby represent and warrant that the information you provide to us upon registration, and at all other times (including, without limitation, any information you provide to us during the insurance application or claims process), will be true, accurate, current and complete (“Account Information”). You also hereby undertake, represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
3.5 The App and the Web is for your personal use only, and you must not use the App or the Web for business or commercial or other unauthorised purposes.
4.0 Our Responsibilities and Disclaimers
4.1 While we make reasonable efforts to provide the App, the Web and Services, we will not be liable for any failure to provide the App, the Web, Services and/or any App and Web Content, in part or in full.
4.2 The App and Web Content is provided for your general reference only, and is not intended to amount to any advice on which you should rely. The App, the Web, the Services and App and Web Content are provided “as is” and “as available”, with no representation, warranty, guarantee or agreement of any kind. We cannot guarantee that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your mobile device. We are not responsible for any loss you may incur as a result of this.
4.3 You Expressly Understand and Agree That:
(a) Your use of the app, the web, the app and web content and the services are all at your sole risk;
(b) To the maximum extent permitted by law, we expressly disclaim all warranties and conditions of any kind, whether express or implied;
(c) Any material downloaded or otherwise obtained through the use of the app, the web or the services (including, without limitation, the app and web content) is done at your own discretion and risk and you are solely responsible for any damage to your computer or other device or loss of data resulting from the download or use of any such material;
(d) You expressly understand and agree that yas, its subsidiaries, affiliates and licensors, and our and their respective officers, employees, agents and successors shall not be liable to you for any indirect, incidental, special, consequential or exemplary damages.
4.4 Without prejudice to the generality of clause 5.3, we make no representations, warranties, guarantees or undertakings as to the accuracy, quality, completeness, currentness, adequacy, availability, reliability or validity of the app, the web, any app content or the services, or that the app, the web, the services or app and web content will meet your requirements, be uninterrupted and free of any defects, errors, omissions or viruses, or that any defects will be rectified.
4.5 To the extent permitted by law you agree that our total liability to you for all damages and losses shall not in any circumstances exceed the greater of (a) HK$100, or (b) the aggregate of the amount (if any) paid by you in the 6 months immediately preceding bringing of a claim against us or our affiliates. Nothing in these terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.
5.1 You are responsible for safeguarding the password and login details for your user account in relation to the App and the Web, and are responsible for all activities that occur under your account. You must take all reasonable precautions to keep safe and prevent fraudulent use of your mobile device and security information. These precautions include:
- Not disclosing your security details to anyone;
- Changing your security details immediately and telling us as soon as possible if you know, or even suspect, that someone else knows your security details, or if we ask you to;
- Keeping your security details and mobile device safe;
- Once you have logged on to the App or the Web do not leave your mobile device unattended or let anyone else use your mobile device;
- Follow all security measures provided to you by the manufacturer of your mobile device operating system that apply to your use of the App, the Web or your mobile device (although you should never disclose your security details to them or information about your accounts with us); and
- Undertake reasonable and adequate precautions to scan for computer viruses or other destructive properties.
5.2 You must not use the App or the Web on any device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations. This includes devices that have been “jail-broken” or “rooted”. A jail-broken or rooted device means one that has been freed from the limitations imposed on it by your mobile service provider and the phone manufacturer without their approval. The use of App on a jail-broken or rooted device may compromise security and lead to fraudulent transactions. Download and use of the App and the Web in a jail-broken or rooted device is entirely at your own risk and we will not be liable for any losses or any other consequences suffered or incurred by you as a result.
5.3 You should only download App and its updates from official supplying app store and not from any unofficial sources.
5.4 You will be responsible for all instructions given by you or anyone acting with your authority between when you log on to the App or the Web until you log off the App or the Web.
5.5 You are responsible for making sure information shown or stored on your mobile device is kept secure.
5.6 Without prejudice to the rest of this Clause 6, if you know or suspect that someone else knows your security details, or has used or tried to use them, or if your mobile device is lost or stolen you must tell us without delay by calling us on such number as we specify from time to time.
5.7 You must delete the App from your mobile device if you change your mobile device or dispose of it.
6.1 You are free to stop using the App, the Web and the Services at any time. We also reserve the right to suspend or terminate your access to and use of the App, the Web, the Services and/or your user account and to remove your social posts and information, at any time and at our sole discretion, without notice.
6.2 You will grant YAS permission to request any and all information from your insurance company; You will thereafter be able to amend or optimize your insurance policy by requesting for review(s).
6.4 The App or the Web may include hyperlinks to other websites, content or resources, which are hosted, offered or provided by third parties unrelated to us. You understand and agree that we have no control over and do not monitor such third party websites, content, or resources, and we make no guarantee or warranty, and are not responsible for any such external sites, content or resources (or any products, goods or services promoted, referred to or offered on such external sites or resources). We do not endorse any websites linked to the App, the Web or any advertising, products, goods, services or other materials on or available from such websites or resources.
7.0 Governing Law
7.1 These Terms are governed by and will be construed according to Hong Kong laws.
7.2 You submit to the non-exclusive jurisdiction of the Hong Kong courts but these Terms may be enforced in the Courts of any competent jurisdiction.
In case of discrepancies between the English and Chinese versions, the English version shall prevail.
- How we collect and hold it;
- Purposes for which we collect, hold, use and disclose it
- How you can access your personal data, seek correction of it
Steps we take to protect your information:
- Your personal data is stored on computer systems which are protected by a combination of firewalls, secure logon processes, encryption and intrusion monitoring technologies.
- We use a recognised payment service provider to process any insurance payments you make using the App or the Web. This service provider is committed to protecting your personal data on our behalf.
- We use eKYC service to protect us from fraud, reduce the risk by exploiting data and technology.
- In certain circumstances we will collect and use your IP address to protect the security of our website.
- We regularly test our websites and infrastructure for vulnerabilities and take action where needed.
- We apply security patches to software provided by vendors.
- For any payments you make using our App or our Web, we use a recognised payment service provider to process such payments. This service provider is committed to protecting your personal information on our behalf.
Steps you can take to protect your information.
It’s still very important that you take some steps to help keep up security when you’re online:
- Protect your personal data, such as usernames and passwords by not allowing anyone to see you entering them, and avoid public Wi-Fi usage.
- Notify us as soon as possible if you become aware of any breaches or hacks into your account.
- Use a strong password for your account. Try to think of something that is easy to remember, but hard to guess, such as a passphrase.
- Change your password regularly and try not to reuse the same password on more than one site.
- Don’t let your browser save your password for our websites.
- Be wary of websites, emails or phone calls that claim to be from us. Please contact us if you are unsure.
- Keep an eye on your accounts and check for any unauthorized transactions.
- Keep your devices up to date with firewall enabled, anti-malware software, anti-virus software and security updates.
What information do we collect when you interact with us online?
The personal data we collect from you including but not limited to your name, identification number or passport details, address, email, phone number, payment and account details, photo and policy number so that you can use the App or the Web to purchase insurance products from Insurers, access information about the insurance products purchased and make any claims on any insurance products (“Services”).
We will also use your personal data to administer, manage and contact you about your account and our Services; to maintain a profile in relation to you, including but not limited to information regarding any purchases or claims made via the App or the Web; and to provide you with a more personalised experience in relation to our App, Web and Services.
Other purposes of collection including but limited to performing market research and statistical analysis to improve the Services provided; and responding to your queries and feedback regarding the App and the Web. If you choose to post any comments or reviews regarding any Insurer or insurance products or services via our App or our Web, you understand and agree that such comments or reviews shall be made publicly available, but we will not post your name or any contact details. Please refer to the Personal Information Collection Statement for further information.
We will transfer your personal data to Insurers (who may be located inside or outside the jurisdiction in which you are located), so that the Insurers can:
(a) Process your insurance application;
(b) Arrange a contract of insurance with you and administer the policy issued;
(c) Handle, investigate and analyse claims;
(d) Design products and/or services for customers;
(e) Promote, improve and further the provision of the Insurers’ products and/or services; and
(f) Comply with any legal or regulatory requirements applicable to the Insurers.
In order to enable them to carry out the above purposes, the Insurers may transfer your personal data to their parent company, subsidiaries, affiliates or service providers, or any reinsurers, intermediaries (including brokers, and insurance agents), claims investigators, loss adjustors and other professional advisors, insurance industry association or federation and their respective members, or any other person necessary to comply with applicable legal or regulatory requirements, or orders issued by any competent authorities (each of whom may be located inside or outside the jurisdiction in which you are located).
For the purposes set out above, we may also transfer your personal data to our own parent companies, subsidiaries and/or affiliates (“Group”), to any service provider appointed by us or any member of our Group, or any legal or regulatory authority or court of competent jurisdiction (in each case whether located inside or outside the jurisdiction in which you are located).
We will ask for your consent on the use, transfer, disclosure, processing and retention of your personal data pursuant to a Personal Information Collection Statement, which will be provided to you at the time we collect your relevant personal data. We will only transfer your personal data to the Insurer(s) providing insurance products to you.
You must provide us with any personal data we indicate as being mandatory, from time to time. If you do not provide such mandatory personal data then we may not be able to provide the Services to you and/or the Insurers may not be able to provide any insurance products or services or to process any claims. All other personal data that is not indicated as being mandatory can be provided by you voluntarily.
You confirm that if you provide any personal data of other persons(s), they have consented to the provision and use of such data pursuant to the relevant Personal Information Collection Statement provided to you at the time of collection.
Subject to your consent, we may use your personal data to send you direct marketing materials regarding our App, our Web, our Services, and insurance products or services offered by any Insurer.
The Insurers may use your personal data for the purposes of direct marketing of insurance products or services and to send you promotional materials or updates of their insurance products or services.
Neither we nor the Insurers may use your personal data for direct marketing if you have indicated your objection to such use or transfer by ticking the relevant box during the registration process.
You may also at any time request that we cease to use your personal data for direct marketing by contacting us via the contact details set out below. If requested by you, we will also notify the Insurers to cease using your personal data for direct marketing, but we are not responsible for the Insurers’ failure to do so. You may contact the Insurers directly to request that the Insurer cease using your personal data for direct marketing purposes, via the details and opt-out methods provided by the Insurers.
Where your personal data is stored?
Any personal data we hold about your account (including, but not limited to, your name and phone number) will be stored in our servers which are located in Hong Kong. Any personal data collected for purchase of insurance products that are transferred to Insurers are stored by Insurers. Your credit card information will be stored in your mobile device rather than in-App or in our servers.
Use of Provided Information
YAS obtains the information you provide when you use and register the Application or the Website. Registration with us is not mandatory. However, please keep in mind that you may not be able to use some of the features offered by the Application or the Website unless you are registered with us.
We may use the information you provided us to contact you from time to time to provide you with important information, required notices and marketing promotions.
Information and data collected are used for the followings: monitoring use of the Application and the Website to help for further development; compiling aggregate statistics about our users to analyze usage; communicating with the user in respect of matters related to the use of the services offered; providing information related to YAS’s products, services and other privileges, benefits and advantages from time to time.
Automatically Collected Information
In addition, YAS may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, and information about the way you use YAS.
Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
Information that is not capable of identifying you, such as the number of users visiting this App or this Web, is collected through code embedded in the webpages of this App or this Web. You cannot disable the code on these pages. Other information, such as browser type, is included in a ‘cookie’ that is sent to your mobile device when you are completing certain tasks on this App or this Web. A cookie contains bits of information that enables our servers (i.e. the computers that house this App or this Web) to identify and interact efficiently with your device. Cookies are designed to provide a better, more customised website experience, and to make it easier for you to use this App or this Web.
Access Requests and Corrections
You can request access to and correction of personal data we hold about you using the contact details below. You may also update or correct personal data on your profile at any time directly through the App or the Web. If we no longer hold this data, we will pass your request to the Insurer holding such data. Any questions or requests or any complaints may be made to [email protected]
In case of discrepancies between the English and Chinese versions, the English version shall prevail.
Personal Information Collection Statement
Purpose of Collection and Use by YAS DIGITAL LIMITED
YAS DIGITAL LIMITED (“YAS”, “we”, “us”, or “our”) may collect and use your personal data including your name, identification number or passport details, address, email, phone number and other contact details, date of birth, payment, credit card and bank account details, photo and policy number, information about your dependents and health records, and which we may collect when, for example, you apply for, renew or make a claim under a policy and/or you correspond with us, for the following purposes:
- Your use of the application (“App”) or the website (“Web”) to purchase insurance products from the insurers offering insurance products on the App or the Web (“Insurers”) and for you to access information about the insurance products purchased;
- Your use of the App to make claims on any insurance products;
- Administering, managing and contacting you about your user account on the App, the Web and related records;
- Responding to your queries and feedback regarding the App or the Web; and
- Complying with any legal or regulatory requirements applicable to YAS.
You must provide us with any personal data we indicate as being mandatory, from time to time. If you do not provide such mandatory personal data, we may not be able to provide the Services to you and/or the Insurers may not be able to provide any insurance products or services or to process any claims. All other personal data that is not indicated as being mandatory can be provided voluntarily.
Transfer to Insurers and Use by Insurers
We will transfer your personal data to the Insurers so that they can:
- Process your insurance application;
- Arrange a contract of insurance with you and administering the policy issued;
- Claims handling, investigation and analysis;
- Design products and/or services for customers;
- Promote, improve and further the provision of the Insurers’ products and/or services; and
- Comply with any legal or regulatory requirements applicable to the Insurers.
Data held by the Insurers relating to you may, for the purposes set out above, transfer your personal data to:
- Their group companies;
- Intermediaries including insurance brokers and insurance agents;
- Claims investigators, loss adjustors and other professional advisors;
- Their other appointed service providers, including for the following services: telecommunication, information technology, administration, data processing, payment processing, emergency assistance, legal and medical;
- Any insurance industry association or federation and their respective members; and
- Any other person necessary to comply with applicable legal or regulatory requirements, or orders of competent authorities, in each case both within and outside of the jurisdiction in which you are located.
We may also transfer your personal data for the purposes set out above to any of our own parent companies, subsidiaries and/or affiliates (“Group”), to any service provider appointed by us or any member of our Group, or any legal or regulatory authority or court of competent jurisdiction (in each case whether located inside or outside the jurisdiction in which you are located).
Marketing and Promotion by YAS
YAS may use your name, contact details, profile, previous purchase history, activity information and/or claims information collected in relation to your use of the App, the Web or Services, to send you direct marketing materials relating to the App, the Web and our Services.
YAS will not use your personal data for direct marketing if you have indicated objection to such use by ticking the opt-out box below.
You may also, at any time, request YAS to cease the use of your personal data for direct marketing purposes, by sending a request to the contact details set out below.
Marketing and Promotion by Insurers
The Insurers who you have purchased any products or services from via the App or the Web, may use your name, contact details, profile, previous purchase history, claims information, and/or activity information collected in relation to your use of the App, the Web or Services, for the purposes of sending you direct marketing materials relating to the Insurers’ insurance products, services and offers and for sending you the promotional materials or updates of such products, services or offers when they become available.
You may contact the Insurers directly to request that the Insurer cease using your personal data for direct marketing purposes, via the details and opt-out methods provided by the Insurers.
Access Requests and Corrections
You have the right to obtain access to and request correction of any personal information concerning yourself held by YAS. You may also update or correct personal data on your profile at any time directly through the App or the Web.
Requests can be made to [email protected]
Acceptance of PICS and Opting-In of Direct Marketing
By clicking “accept”, you indicate:
(i) your agreement to this PICS; and
(ii) your consent to the use of your personal data for direct marketing purposes in accordance with the above, unless you have ticked the relevant opt-out box below indicating that you object to such use.
In case of discrepancies between the English and Chinese versions, the English version shall prevail.