CLAUSES ON SUPPLY OF INSURANCE PRODUCTS IN CYBERSPACE
(Attached and integral to the insurance contract/certificate of insurance issued by United Insurance Company of Vietnam)
A. TRANSACTION IN CYBERSPACE
1. By these clauses, the Parties, including the Insurer (hereinafter referred to as “UIC”) and insurance buyer and the insured (collectively, the “Customer”), acknowledge and agree that the insurance product under this insurance contract is provided online, using electronic transaction methods on mobile application or website of UIC and/or a partner or representative approved by UIC (hereinafter collectively referred to as the “Application”).
2. The insurance contract executed under these Clauses on supply of insurance products in cyberspace (hereinafter referred to as “these Clauses”) shall have legal effect on the Parties.
3. UIC shall not be liable for any information and transaction made on the Application, except for information about UIC’s insurance products and insurance contract(s) that Customer signs with UIC through the Application.
Article 2. Provision of information in service of transactions
1. UIC is liable for providing the Customer with accurate, complete and up-to-date information on insurance products, including but not limited to, insurance benefits, premiums, wording, terms and conditions, and other information serving the execution of the insurance contract. The provision of the above information may be provided by UIC through the Application.
2. Application, terms and conditions, wording and certificates of insurance are an integral part of the insurance
contract between the Customer and UIC. In the event of any discrepancy with the information provided on the Application, provisions of the insurance contract shall prevail.
3. The Customer has the right to agree or disagree with the purchase of the insurance after carefully reading and fully
understanding the information about the insurance product provided by UIC.
1. The consent of the Customer in the process of performing transactions in cyberspace must be expressed in a specific and clear manner in accordance with laws and regulations on electronic transactions, and be valid for all related parties. The insurance contract is effective only if the Customer shows his/her consent in accordance with this Article.
2. The Customer’s consent in cyberspace may be shown by ticking the box “agree” or an equivalent word expressing consent, consent syntax shown on a message/e-mail sent from the phone number/email address registered with UIC (or its lawful representative), consent technical settings or other forms in accordance with the law.
3. UIC’s consent to execute the insurance contract is shown by providing the Customer with a written proof of contract signing certified by UIC’s signature and stamp. UIC at its own discretion may use a digital signature or a signature in other forms on the proof of contract signing. For clarity, UIC is only liable for insurance contracts executed by UIC issued from the Application.
4. It is the Customer’s responsibility to confirm the receipt of the proof of contract (in the form of a certificate of insurance or otherwise in writing) provided by UIC. The Customer is deemed to have received the insurance contract when UIC has sent the insurance contract/certificate of insurance to the Customer’s email box/account on the Application.
1. The Parties acknowledge and accept the risks that may occur in the process of providing and using insurance products in the cyberspace, including but not limited to:
– The service is suspended, interrupted, delayed or not performed, or provided information is false or not recorded due to inconvenience, delay, interruption, failure of the Application or a related third party’s service(s).
– The service providing system is illegally attacked, compromised, or controlled by viruses, worms or other malicious software, systems or elements.
– The transaction is performed by fake or impersonating accounts or by an unauthorized person.
– Data is lost, stolen or unauthorizedly disclosed, or leaked to a third party due to malfunctions, breakdowns, or loss of control of the service providing system.
– The information displayed on the Application is edited, replaced, or deleted by a third party without the consent of UIC or its partner/lawful representative.
2. UIC hereby commits to take necessary and reasonable measures to the extent possible to limit risks that may arise when providing products and services in cyberspace. However, UIC shall not be liable for any loss or damage, whether direct or indirect, suffered by the Customer through no fault (whether intentional or unintentional) of UIC or completely beyond the control of UIC (including but not limited to force majeure events, objective hindrance as prescribed by the Civil Code).
3. The Customer shall keep secure his/her account, username, password, authentication code, biometric identifiers, phone number, email address and other means which are used for the purpose of executing and performing the insurance contract with UIC; not allow this information and property to be used illegally by any third party; and immediately notify UIC if it is found that this information or property has been disclosed or used illegally.
4. Notwithstanding any other provisions in this insurance contract, UIC shall be liable only for direct damage arising from UIC’s conduct, and shall not include indirect damage, consequential damage resulting from direct damage suffered by the Customer.
1. The Customer hereby warrants and agrees that:
a) UIC may send the insurance contract, endorsements, insurance contract-related information/notices to the email address/phone number/account of the insurance buyer/the insured available on the Application. Any information UIC receives from the email/telephone number/account of the insurance buyer/the insured shall be deemed to have been duly confirmed and sent by the insurance buyer/the insured.
b) All information, documents and data which were and will be provided/declared to UIC (collectively referred to as “information”) are accurate, complete and up-to-date. UIC has the right, but no obligation, to verify the up-to-dateness, completeness, accuracy and legality of such information and is obliged to amend it only if requested by the Customer or as required by law. Any outdatedness, incompleteness, inaccuracy, or illegality of the information may result in the insurance contract being terminated, cancelled, or rejected insurance claim.
c) All organizations/individuals who are data subjects/owners of the declared/provided information have legally approved and authorized the insurance buyer/the insured to disclose the information on their behalf and accept the provisions of this document.
d) Authorize and allow any organization/individual who has or know any information to provide UIC, reinsurers, loss adjusters/claim settlement service providers and related parties with all information related to the insurance buyer, the insured, insured objects for the purposes of risk assessment, appraisal and issuance of insurance contracts, offering of quotation, premium calculation, premium collection, reinsurance, fraud and loss prevention and mitigation, claim settlement, dispute resolution, confidentiality and other purposes permitted or required by law.
2. The settlement of claims under the insurance contract (including but not limited to submitting claim files, sending notices of claim settlement and other relevant notices and exchanges) may be done through electronic means including websites/applications connected to the Internet or other telecommunications networks.
3. UIC reserves the right to use claim settlement support services and other services related to third party to settle claims via electronic means. In all cases, UIC shall be liable to the Customer for its claim settlement decision.
4. By sending electronic copies of papers and documents related to claim settlement to UIC via the Application, the Customer warrants the completeness, accuracy, truthfulness, legality and up-to-dateness of these papers and documents, and shall be liable before the law if there is any act of forging or deceiving related to these papers and documents. In the event of any dispute over the sending/receiving of information/notifications, the data stored on the Application shall be deemed as the original data and shall prevail.
5. Notwithstanding the provisions of this Article, UIC has the right to request the Customer to provide original papers and documents for the purposes of loss prevention and limitation; claim verification and settlement; settlement of customer complaints and disputes; compliance control, risk management, audit; and inspection, examination by and explanation to competent authorities.
1. The Parties agree that payments arising from insurance products and services provided in the cyberspace may be made via electronic means in accordance with the law. The specific payment means shall be determined specifically for each of the products. The Customer may choose from the means proposed by UIC.
2. The insurance buyer and the claimant shall provide complete and accurate information necessary for UIC’s payment.
3. UIC shall not be liable for any problem, interruption, or error arising in the payment process due to incorrect or incomplete information provided by the Customer and for loss or damage, whether direct or indirect, caused by malfunction, interruption, or failure of payment service provided by a third party.
1. The protection of Customer information (including but not limited to personal data under the law) shall be implemented in accordance with the relevant provisions of this insurance contract. UIC shall comply with laws and regulations on personal data protection, and shall take all necessary and reasonable measures to the extent possible to protect the personal data of the Customer and other related parties.
2. Personal data that UIC may collect about the Customer may include basic personal data and sensitive personal data, including full name, date of birth, gender, nationality, occupation, contact information, valid citizen identity card/passport number, place of residence, history of using UIC’s products and services, information about interests, health status, marital status, family relationships, lines of business, Customer’s concerns, and other information required by law or as necessary or in connection with the supply of UIC’s products or services, and to better understand customer needs. UIC may also collect information such as IP address, type of operating system being used by the Customer, when and how long the Customer accesses the Application, location of Internet access, and items in the Application the Customer has accessed for the purpose of researching the use of the Application, administering and customizing the Application to improve customer experience.
3. In order to execute and perform the insurance contract and comply with the law, the Customer hereby authorizes UIC and/or a third party approved or authorized by UIC to process (including but not limited to collect, store, use, analyze, and disclose) the Customer’s personal data, and allow third parties (such as reinsurers, insurance auxiliary service providers, claims settlement service providers, Application providers, agents, brokers, consultants, actuaries, service providers, partners, capital contributors, parent companies, member in the same group of companies, other relevant partners of UIC in Vietnam and other countries and territories) to process the Customer’s personal data for the purposes of improvement, design, development and distribution of products and services, offering of quotations, appraisal, execution and performance of the insurance contract, claim settlement, dispute resolution; control of conflict of interest, compliance control, audit, risk management, finance and accounting, data storage and administration, customer satisfaction surveys, announcement of UIC’s products and events; or at the request of a competent authorities or in any mandatory case as prescribed by law.
4. If the insurance buyer/the insured/other party who is the data subject withdraws his or her consent to process the information or requests to delete/change the provided information, the insurance contract shall be terminated from the time UIC receives the written request for withdrawal, deletion or change, unless UIC has a different opinion in writing.
5. If the insured is a child aged (7) years or older, the insurance buyer hereby warrants that he/she is the parent/lawful guardian of the insured, and has obtained the consent of the insured for the processing of personal data of the insured in accordance with this Article.
6. UIC shall retain and process the information as of the time of declaration or collection, in physical and electronic records (including without limitation, cloud storage), or other means in accordance with the law, until it is no longer necessary to meet the purposes for which it was collected or as required by law.
C. GENERAL PROVISIONS
1. If any loss or damage occurs within the coverage of this Contract, the Insurer shall pay the insurance indemnity in
the following methods:
a) Indemnify the Insured or Beneficiary (if any).
b) Other methods as agreed in writing between the parties in accordance with the law on insurance business (not
applicable to health insurance).
2. Claim payment method: By cash or bank transfer.
2. These Clauses shall be construed and governed by the laws of Vietnam, and make an integral part of the insurance contract(s) and have the same validity as of the insurance contract(s). In the event of any discrepancy between these Clauses and other provisions in the insurance contract, the former shall prevail. Matters not specified in these Clauses shall be governed by the relevant provisions of the insurance contract./.
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