Terms and Conditions for SIM Platform

These terms and conditions (“Terms and Conditions”) represent an agreement between the users (“User”) and AIA Company Limited and its subsidiaries and affiliates (collectively called “AIA” or “Company”), governing the following terms, conditions and obligations of each party in relation to the use of the Company’s website and application SIM (the “SIM Platform”).

Please read the Terms and Conditions carefully, before using the Company’s Platform.

By accessing the SIM Platform, it is represented that you have read and agreed to be bound by, and will strictly comply with, all these Terms and Conditions stated herein. If you do not agree with these Terms and Conditions, or you do not wish to be bound by the Terms and Conditions, please leave the SIM Platform and stop using it and the relevant services immediately.

 

1. General Provisions

1.1. By registering or creating the account, including accessing the SIM Platform, it is assumed that you have understood, accepted and agreed to be bound by, and will strictly comply with, all the terms and conditions stated herein and the other policies of the Company, as well as the relevant policies, laws, regulations, notifications or rules, without reservation.

1.2. The User may use the SIM Platform only if the User is capable of entering into an agreement with the Company legally, and only in compliance with these Terms and Conditions, as well as all applicable local and international laws, rules and regulations. If you are under 20 years of age, or not sui juris under the applicable law, you represent and warrant that you have obtained consent from your parents or legal guardians in order to use the SIM Platform for the purposes specified in these Terms and Conditions. You also agree to deliver any documents or evidence to demonstrate said consent, when requested by the Company. If you fail to deliver such documents or evidence within the specified time, the Company reserves the right to suspend you from using the SIM Platform.

1.3. These Terms and Conditions do not cancel or replace other terms and conditions of AIA, which may be related to you. This means that you are still bound by other applicable terms and conditions of AIA, and will be bound by these Terms and Conditions additionally.

1.4. The User shall still perform his/her duties as a life insurance agent of AIA, and shall comply with the terms and conditions, rules, policies, and announcement or other agreements entered into with AIA at all times. The use of the SIM Platform is a service, tool, or additional benefit, which AIA provides to its life insurance agents, in order for them to offer for sale and perform other agent’s duties as the life insurance agent of AIA only.

1.5. In the case where there is a conflict between these Terms and Conditions and other terms and conditions of AIA, if such conflict is related to the SIM Platform, these Terms and Conditions shall prevail. In the case of any doubt, AIA’s decision is absolute and final.

 

2. Definitions

2.1. “SIM Platform” means websites and applications for the provision of SIM services.

2.2. “Services” means any services provided by AIA through the SIM Platform, including the iSay application and microsite, which may be related to the provision of SIM services and other services in connection with the SIM Platform.

2.3. “Intellectual Property Rights” means all copyrights and related rights, patents, rights to inventions, utility models, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in computer software, database rights, semi-conductor topography rights, moral rights, rights in regard to confidential information (including know-how and trade secrets) and any other intellectual property rights; in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world. Intellectual Property Rights means any one of the Intellectual Property Rights.

 

3. Specific conditions for the use of the SIM Platform for Users

 

3.1. The User, who is entitled to use the SIM Platform, shall be a life insurance agent of AIA, in accordance with the applicable law and the Company’s rules. The User is not authorized to grant the right to access or use the SIM Platform, as well as services or other benefits provided through the SIM Platform, to a third party including, but not limited to, other life insurance agents, personnel, and third parties of the Company.

3.2. To use the SIM Platform, you shall proceed with the registration and login to the SIM Platform, in accordance with the procedure prescribed by AIA. You are required to keep the confidentiality of your login information, account and password, and any activities carried out under your account, regardless of whether you acknowledge or authorize the conducting of such activities.

3.3. The User is prohibited from using the SIM Platform and the Services with the following characteristics:

a) Conduct any acts which are, or may be related to a violation of applicable laws;

b) Infringe or violate our Intellectual Property Rights, or the Intellectual Property Rights of others;

c) Violate any terms and conditions, rules, policies, announcements, and any notifications of AIA;

d) Harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability of any persons, including AIA;

e) Conduct any acts, which may illegally damage, destroy, correct, change or amend the computer data of the AIA and other Users, as well as customers and prospective customers, either in whole or in part;

f) Submit false or misleading information;

g) Interfere with, or bypass, the security features of the Company’s Platform;

h) Conduct any acts, which may violate the requirements in relation to a regulated business under the applicable law, such as securities business, insurance business, or banking business;

i) Conduct any acts, which may affect the performance of being a life insurance agent of AIA, e.g., an act, which may cause his/her life insurance agent license to be revoked;

j) Copy, re-publish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sub-license, or reverse engineer, the Company’s Platform and the Company Content.

k) Copy, re-publish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sub-license, or reverse engineer, the SIM Platform or the SIM Platform’s Content;

l) Upload or transmit viruses, or any other type of malicious code that will, or which may, be used in any way that will affect the functions or the operation of the SIM Platform, or other websites or applications, regardless of whether or not such websites/applications are linked to the SIM Platform;

m) Illegally access or track the personal data or other private information/content of other Users;

n) Engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the servers than a human can reasonably produce in the same period of time, by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited emails; (iv) attempting to interfere with, compromise the integrity or the security of the system, or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or which may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; and (vi) uploading invalid data, viruses, worms, or other software agents through the Services.

3.4. The User agrees that pictures/photos, videos, numbers, advertisement, banners, and any information, which you are allowed to access, use, and disclose via the SIM Platform (“SIM Platform’s Content”) and the Intellectual Property Rights related thereto are the exclusive property of the AIA, or any persons as specified/indicated by AIA. The User is not allowed to edit, change, revise, add, or conduct any actions to change the SIM Platform’s Content, unless he/she obtains permission from AIA.

3.5. The User is permitted to publish the SIM Platform’s Content in accordance with the forms and channels indicated by AIA only. The User understands and agrees that AIA does not have responsibility or liability for any actions taken in respect to the use of the SIM Platform’s Content through websites, applications, or channels other than the SIM Platform. In this regard, when you use websites or applications other than the SIM Platform, AIA recommends you read the terms and conditions of such websites and applications thoroughly prior to, or at the time of, using such websites or platforms.

3.6. The User shall be able to access, use, and disclose the SIM Platform’s Content to the extent that such access, use, and disclosure is in the scope of performing the duties of a life insurance agent of AIA only. For example, you are not allowed to use the SIM Platform’s Content for other personal purposes, or for conducting other business which is not related to being a life insurance agent for AIA.

3.7. The use and publishing of the SIM Platform’s Content, the disclosure of the Agent Profile, and any acts in respect to the offering for sale or the provision of services as a life insurance agent of AIA shall be conducted within Thailand only.

3.8. In sending any information or publishing the SIM Platform’s Content or the Agent Profile to customers, prospective customers, or any other persons by using the SIM Platform, you are required to ensure that the prospective customers or data recipients have provided their consent, or can expect the receipt of such information or the SIM Platform’s Content. The contacting of a prospective customer, which has not been a customer of AIA, shall be subject to your liability only. AIA will not be liable for the aforementioned acts.

3.9. The User acknowledges and agrees that any information in respect to customers or third parties, which is shown or displayed on the SIM Platform, is AIA’s confidential information, and the User is prohibited from publishing or conducting any acts, which may allow a person to access or receive the information without authorization, or illegally.

3.10. The User acknowledges and agrees that the User’s information, customer data, and any information which is available on the SIM Platform, may be linked or connected to other databases in relation to you and AIA’s customers.

3.11. The User acknowledges and agrees that AIA is entitled to access, examine, assess, analyze, and conduct any acts, which are related to the use of the SIM Platform, as well as access the SIM Platform’s Content, at any time, for the purpose of the operation of its business and management of life insurance agents of AIA.

3.12. Additional conditions for the use of the microsite and the Agent Profile:

3.12.1. The User acknowledges and allows customers, prospective customers, and any persons to access the information of the SIM Platform, e.g., accessing the User’s history and business details through the microsite or the Agent Profile, in order to contact you through the SIM Platform, or via other communication channels as shown in the SIM Platform.

3.12.2. The User represents and warrants that any content or information displayed in the microsite or the Agent Profile, which is inputted, specified, or modified by you (“User’s Content”), is accurate, updated, and it does not violate the applicable law.

3.12.3. The User agrees that the User’s Content, which is inputted, specified, or modified by you, on the SIM Platform does not have any prohibited characteristics, as follows:

a) May encourage illegal or immoral acts, or lead to a deterioration of local cultures;

b) May create a risk of damage, loss, harm, physical or mental injury, emotional distress, death, disability, disfigurement or physical or mental illness to any person including, but not limited to, yourself and other Users, customers, and prospective customers;

c) Unlawful, libelous, defamatory, obscene, pornographic, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, offensive, inflammatory or fraudulent;

d) May constitute, encourage or provide instructions for a criminal offense, or violate the rights of any person, including other Users;

e) May infringe the Intellectual Property Right of any persons;

f) May violate the requirements in relation to a regulated business under the applicable law, such as securities business, insurance business, or banking business;

g) May cause damage or loss to any person or property;

h) May case harm to the national security of your country and/or any other country;

i) May lead to discrimination and, in particular, discrimination based on race, religion, sex, sexual orientation, age, disability, ancestry or national origins;

j) Any information or content that you do not have a right to make available under applicable law, and under any contractual obligations, which you may have with AIA, including any terms and conditions, rules, policies, and announcements of AIA;

k) Inaccurate information and content; and

l) Any other information which may create a risk in regard to a violation of the applicable law.

 

3.12.4. You will be responsible for your User Content, and any acts in relation to your User Content. You agree that the Company shall not be responsible and liable for your User Content, as well as any damages and loss which arises from your User Content.

3.12.5. You agree that, in the case where AIA is aware of any acts, which may violate the applicable laws or any terms and conditions of AIA, which are related to the User Content and Services provided through the SIM Platform, AIA has the right to take down, remove, delete, suspend, or conduct any other actions to halt the availability of such User Content. In such case, AIA shall not be liable for any damages, which may be caused to the User and other persons.

 

 

4. Third-Party Websites or Applications

The SIM Platform may be linked to third-party websites or applications for the provision of our Services, advertising or any other purposes. In this regard, you understand and agree that your access or use of other linked websites and applications will not be subject to these Terms and Conditions or other policies of AIA, but rather, it will be governed by the terms and conditions and policies of these third-party websites/applications, whereby we strongly encourage you to read and understand all the terms and conditions. You also agree that the Company is not responsible or liable for damage arising out of the access and use of third-party websites/applications.

 

5. AIA’s Reservation

5.1 AIA reserves the right to suspend the use of the SIM Platform at any time, without prior notice, in order to maintain, update, test, develop and/or repair the Company’s systems or the SIM Platform, when AIA stops providing the SIM Platform, or when AIA ceases the operation of the business.

5.2 AIA reserves the right to suspend or terminate the use of the SIM Platform without prior notice, in the event that AIA has reasonable cause to believe that you have used the SIM Platform inappropriately, or breached these Terms and Conditions, any terms and conditions of AIA, or applicable laws.

5.3 AIA reserves the right to increase, reduce, add, remove, change and/or amend the SIM Platform’s Content as it deems appropriate.

5.4 AIA does not give any representation and warranty for the information, products, and services provided on the SIM Platform, except as explicitly specified in these Terms and Conditions, or any written agreements between you and AIA, or as specified in the applicable law.

 

6. Limitation of Liability

6.1 Access to the SIM Platform from various devices depends on several factors, including the operation system, browser and/or software which is installed on your device. AIA reserves the right to exclude its liability for any damage or your device’s inability to function normally, which is caused by the installation of the SIM Platform, or any use of the SIM Platform, including computer viruses and malware. In addition, AIA does not represent, nor guarantee, that the SIM Platform is free from computer viruses or malware, or other such things which may affect the functions of your device.

6.2 AIA shall not be liable to you and/or any third party for any damage or claims which may arise due to a breach of these Terms and Conditions, which does not result from the intentions or gross negligence of AIA.

6.3 AIA shall not be liable for any loss or damage to the SIM Platform’s Content, which results from a force majeure event including, but not limited to, loss or damage resulting from malfunctions of software or devices.

6.4 AIA shall not be liable for any errors of the SIM Platform which result from the transmission of data, delays of the system, delays of the device, or delays and any other issues caused by: use of the internet, connection via Bluetooth or Wi-Fi, any electronic communication, errors of your device, the loss of connectivity or inability to function, including the completeness, correctness or how current the information or content available on the SIM Platform is, as well as whether it is caused by technical error or human error.

6.5 AIA will not warrant the accuracy, integrity, and completeness of the SIM Platform’s Content, and will not be liable for any damages, which may arise from the use and publication of the SIM Platform’s Content, which does not result from the intentions or gross negligence of AIA.

 

 

7. Indemnification

You agree and consent to indemnify AIA and its parent company, subsidiaries, affiliated companies, alliances, business partners, licensor, officers, employees, directors and representatives (“Indemnified Party”), from any damages (this shall include reasonable attorneys’ fees) which arose from, or which are in connection with, claims, legal proceedings, demands or filing of complaints by a third party, and which results in AIA being subject to liability in relation to these Terms and Conditions due to: (1) the User’s usage or other actions which are in violation of the law or these Terms and Conditions; or (2) the User performing any other acts intentionally, or with gross negligence, which causes damage to, or which infringes, any rights of such third party.

 

8. Intellectual Property Rights

You agree that, except for your User Content, the Services, information, the SIM Platform’s Content and the Intellectual Property Rights related thereto, are the property of AIA and its licensors (if any). Except as explicitly provided herein or as agreed under the agreement between you and AIA, nothing in these Terms and Conditions shall be deemed to grant permission or authority in respect to, or under, our Intellectual Property Rights, and you agree not to reproduce, sell, access or use in any manner, any or all of the content or data on the SIM Platform, without obtaining prior explicit consent from AIA.

 

9. Personal Data Protection

You understand and agree that, by using our SIM Platform, it is represented that you have read, understood, and agreed to the Privacy Policy for agents, and that you have also read and agreed to the information in the data processing agreement between you and AIA, which has been entered into prior to using the SIM Platform.

 

10. Entire Agreement

These Terms and Conditions constitute the entire agreement between AIA and the User, and supersedes all prior agreements and conditions, texts, or any communication, either verbal or in writing, in relation to the subject matter of these Terms and Conditions (if any).

 

11. Amendment to the Content of the Terms and Conditions

11.1 AIA reserves the sole right to amend, change or add any content or text to these Terms and Conditions (“Amendment”) from time to time. AIA may inform you about such Amendment via any communication channels, which are normally used to communicate with you, or other channels as specified by AIA. Your continued use of the SIM Platform after the Amendment will be deemed to constitute that you acknowledge such Amendment, and that you also agree to be bound by the amended Terms and Conditions. Nevertheless, in the case where the amendment, changes, additions, and revisions made to these Terms and Conditions are material, AIA may inform you of such amendment, changes, additions, and revisions at least 15 days in advance, before its effectiveness.

11.2 If you do not wish to use the SIM Platform after such Amendment, please stop using the SIM Platform immediately.

 

12. Severability

If any of the terms or contents contained in these Terms and Conditions are found to be invalid, unlawful or unenforceable, the remaining terms and conditions will continue to be valid and enforceable to the fullest extent permitted by law.

 

13. Waiver

AIA’s failure or delay to enforce any rights in these Terms and Conditions, or any single or partial exercise of any such rights by AIA, shall not preclude any other, or further exercise of, such rights under these Terms and Conditions. In the event that AIA waives the User’s performance of the obligations under these Terms and Conditions, or relinquishes any rights at any one time, this shall not be deemed to show that AIA has waived or relinquished such rights at any other time.

 

14. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, without reference to any rules relating to conflicts of law.

 

15. Dispute Resolutions

Any disputes arising out of, or in connection with, these Terms and Conditions, or any from any communications, transactions, or interactions conducted between AIA and the User, or through the use of the SIM Platform, shall be considered and settled by a Court in Thailand.

 

16. Contact AIA

Should you require further information or have any inquiries, please contact us by using the information provided below:

Contact the AIA Call Center at: 1581.

 

 

Version 1.0 Effective as of 1 March 2022C