Terms and Conditions

Date of Last Revision: July 22, 2020

 

CompareHero.my (“CompareHero”) is held and provided by Compargo Malaysia Sdn. Bhd.

 

In these terms and conditions (as amended from time to time, these “Terms and Conditions”) stated here, whenever we use “us”, “we” and “our”, it refers to Compargo Malaysia Sdn. Bhd. (“CompareHero”) (registered in Malaysia under Company Registration No. 201301020939 (1050769-U), when we use and “you” and “your” it refers to anyone who uses the Services (as described below).

 

We provide our services to you through our website located at www.comparehero.my (or any subsequent URL which may replace it) (the “Website”) and through our online content, software and services, whether accessed on the Website or through third-party websites, mobile sites and/or applications (collectively, such services, including any new features and applications, and the Website, the “Services”), subject to the following Terms and Conditions:

 

  1. General
    • The access and use of the Services is subject to the following Terms and Conditions and our Privacy Policy and any additional terms applicable to our services that may be posted on or in connection with the Services from time to time, all of which are incorporated by reference herein. By using the Services, you agree to act according to these Terms and Conditions and our Privacy Policy and any such additional terms. If you do not conform to these or any future Terms and Conditions or our Privacy Policy, you are not allowed to access and use the Services and you should stop such access and/or use now.
    • If you violate any of the terms mentioned herein, your right to access and use the Services shall be terminated immediately.
    • We work constantly to improve our services and develop new features. As a result, we reserve the right to make changes to these Terms of Use from time to time without providing any prior notification. The amended Terms of Use are effective from the date they are announced on this website.  You should regularly visit this page to review the current Terms and Conditions so you are aware of any revisions that will apply to you.  If we make any revisions, we will post them on this page and will indicate at the top of this page the date these Terms and Conditions were last revised.  The amended Terms and Conditions will be effective from the date they are posted on the Services.  Your continued use of the Services after any updated Terms and Conditions are in effect will constitute your acceptance of the new Terms and Conditions.
    • We reserve the right to suspend, limit or terminate your use and access of the Services and/or to cancel your account at any time without further notice and for any reason whatsoever.

 

  1. Our Service
    • CompareHero offers an independent online service that allows you to compare banking and travel insurance products provided by third parties. Our comparison service is free. We earn money by charging the concerned third party provider a fee and/or commission for the leads generated.
    • We additionally allow you to get assistance and help offline (such as over the telephone) on using the Services either from us or from a third party related to insurance, banking and alternative products or services. We do not charge you for this service.
    • Please bear in mind that nothing on the Services ought to be thought of, or 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 only and you should not treat it as any advice given by us. Information on the Services may help you choose the product or service that best meets your needs. However, it is solely your responsibility to conduct research, to seek independent and professional advice and to ensure the suitability of the product or service that is of interest to you. Ultimately, it is your sole and absolute decision to get or refrain from getting any product or service whether it has been featured on our Services or not.
    • Please bear in mind that nothing on the Services is, or shall be deemed to represent, a proposal by us or any third party to sell to you any product or service or to enter into any contract with you in respect to any product or service. By giving us your details, you are making a proposal to get the relevant product or service from the relevant third party based on its terms and conditions.  The relevant third party reserves the final right to decide whether or not to accept your offer.
    • We aim to give you uninterrupted access to the Services. However, we cannot assure you of uninterrupted availability of this website. We have the right to suspend, limit or terminate your access to the Services at any time.
    • We reserve the right to feature, amend, delete, edit, take away or modify any data, content, material or information displayed on the Service at any time without further notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

 

  1. Information about Insurance Products
    • Any contract to obtain an insurance product will be entered into between you and the relevant insurance provider. All products and services described on the Services or arranged by CompareHero are subject to the terms and conditions of the contract between you and the applicable insurance provider. You are advised to read these terms and conditions carefully and to satisfy yourself that you understand such terms and conditions thoroughly (and in appropriate cases, seek professional advice on the meaning, operation and substantive effect of these terms and conditions) before you enter a contract for such products or services.  If you are in doubt as to your obligations under these Terms and Conditions or if you wish to seek assistance in relation to our services, you are encouraged to contact our customer service department.
    • No insurance coverage shall be construed as bound, in force, applied for or assumed as a result of your submission of data to CompareHero on the Services or otherwise unless and until notification of coverage has been sent to you by CompareHero or the relevant insurance company/provider.
    • Unless otherwise specified, products and services described in this Website are not available to persons who are outside Malaysia or to persons who do not possess legal capacity to enter into contracts, such as minors, and accordingly, no contract purported to be entered by these persons will bind CompareHero.
    • Where appropriate and with your consent, all documents related to insurance products may be sent to you electronically. In cases where insurance documents cannot be delivered electronically due to legal constraints, physical forms will be delivered to you upon your request.
    • Information on the Services and all materials pertaining to products and services on offer are not representative of, and thus must not be treated as a complete description of the particular and individual terms and conditions of, nor the precise cover provided by the relevant product or service. It is your sole responsibility to seek independent and professional advice and to ensure all details and information provided to us and displayed on the Services are accurate and reliable.  With respect to any specific product or service, the terms and conditions of the provider of that product or service shall prevail should contradictions arise with the information set out on the Services.
    • Prior to any cover being confirmed or provided to you, you should fully and faithfully inform CompareHero of everything you know, or could reasonably be expected to know that could be relevant in the process or the decision to grant you the requested insurance. You are obliged (i) to disclose every fact which would influence the judgment of a prudent insurer in fixing the premium or determining whether to underwrite the risk; (ii) not to misrepresent material facts and (iii) not to make fraudulent claims.  A fact is material and requires disclosure to the insurer (even if not asked or prompted by the insurer in the proposal form or any other communication between you and the insurer, whether through CompareHero or not) if it is relevant to the nature of the risk sought to be covered.  To do otherwise may result in receiving no benefit from your chosen policy.
    • You agree that submission of your information on our Services shall never in any way be considered as an acceptance of any offer and/or your request to purchase any product or service, and that nothing on the Services shall be treated as an invitation to do any of these actions. CompareHero’s request for a policy shall not be construed as an offer by CompareHero to provide a product to you.
    • You must read and accept all applicable terms, conditions, exclusions, and limitations of any policy before entering any agreement or arrangement with an insurer.

 

  1. Mobile Services
    • The Services include certain services that may be available through a mobile device, including (i) the ability to submit information to the Services via a mobile device and (ii) the ability to browse the Services and the Website from a mobile device (together, the “Mobile Services”). To the extent that you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.  In addition, using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.  By using the Mobile Services and/or providing your mobile telephone number to us through the Services, you agree that we may communicate with you regarding our products and services and/or our service providers by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.  In the event you change or deactivate your mobile telephone number, you agree to promptly update information that you have submitted to us.

 

  1. Permitted Use
    • You are solely permissible to access and use the Services for personal, non-commercial functions, which means this website shall solely be accessed and used directly by a private individual or by a legal entity to find a product or service for that individual or entity and on their own behalf. Access to and use of the Services aside from for your personal, non-commercial functions is strictly prohibited.
    • In order to protect the safety and well-being of others and the integrity and security of our Services, you agree that you cannot use the Services (or facilitate or support others to do so)::
      • To do or to share anything that breaches these Terms and Conditions or any policies that we publish and which apply to your use of the Services;
      • In any unlawful, fraudulent, improper, unauthorized, harassing, discriminatory, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable manner or in any way that may be harmful or detrimental to our rights (including intellectual property rights) or interests or the rights (including intellectual property rights) or interests of any of our third party providers, or in any manner that could constitute a criminal offence or give rise to civil liability or regulation, in all cases as determined by us;
      • In any way that infringes or breaches our rights or someone else’s rights;
      • To produce, check, confirm, update, modify or amend your own or another person’s databases, records or directories.
      • To alter or reverse engineer any a part of this website.
      • In a way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems as determined by us.
      • Using any automatic computer code, process, program, robot, net crawler, spider, data processing, trawling or alternative ‘screen scraping’ computer code, process, program or system.

 

  1. Your responsibilities
    • You have to take all necessary precautions to make sure that any data, content, material or information you submit or provide to us via the Services (“User Content”) is free from viruses, spyware, malicious software and anything which can have a contaminating, harmful or damaging impact on any a part of this Services, our Content or the websites of third parties or the other technology.
    • If you choose to contact us in connection with the Services, you agree to provide and maintain (as applicable) true, accurate, current and complete information about yourself and/or any other person (such as a family member, associate or beneficiary, if relevant to the product or service) as prompted by one of our tools or forms that appears on our Services. Any personal data or other information that you submit using our tools or forms during account creation or otherwise (including any information you provide in relation to your family members), and certain other information about you that may be automatically collected when using the Services, is governed by our Privacy Policy.  By providing any information about another person (or persons) such as a family member, associate or beneficiary), you warrant and guarantee that you have the authority to act on such person’s behalf (whether by appointment or by application of law) and that you have obtained any requisite consents to our processing of their personal data as set out in our Privacy Policy.
    • You are entirely accountable for your conduct on this website and for your User Content. You need to guarantee that your User Content does not violate any privacy rights, holding rights (such as copyright, information rights and trade marks) or alternative rights of any third party (including any right of confidentiality).
    • Furthermore, your User Content should not violate any law. It should not be harmful, fraudulent, threatening, defamatory, embarrassing, distressing, infringing, abusive, inflammatory, daunting, harassing, libelous, stalking, profane, obscene, indecent, inappropriate, hateful, discriminatory or racially, ethnically, sexually or otherwise objectionable or prohibited by any applicable laws or regulations. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Services, restricting such violator’s access to the Services and reporting the violator to the appropriate authorities..You must comply with all applicable laws, statutes and regulations when using our Services. You agree that are will be held wholly responsible for any harm, loss, claim, demand, liability or expense (including reasonable legal fees) that we suffer as a result of your breach of these Terms and Conditions, your breach of contract or warranty, willful act or omission, misrepresentation, negligence in relation to, or in association with, your access and/or use of the Services and/or in relation to your submission and accuracy of your User Content.

 

  1. Intellectual Property Rights
    • You agree and acknowledge that the Services may contain or display data, content, images, material or information (“Content”) that is protected by copyright, trademark, patent, trade secret or other proprietary rights and laws and is our property and/or the property of our third-party licensors. You can print, copy, transfer or store extracts of content, material or information displayed on this website for your own personal use if you abide by the following conditions:
      • Content cannot be used for any business or commercial functions without our permission.
      • You will not use any automatic computer code, process, program or system, robot, net crawler, spider, data processing, trawling or alternative ‘/screen scraping/’ computer code, process, program
      • It cannot be sold out or transferred to any third party without our express written consent.
      • The copy should retain any copyright or alternative property notices contained within the original
      • Images displayed on this website are protected by copyright and will not be reproduced or taken in any way without the written permission of the various owner(s).
      • No logos, trademarks or service marks displayed on this website can be written or downloaded, except as a part of the text of which they are already part of.
      • You should not modify the paper or digital copies of such data, content, material or information. It shall not be excerpted, reproduced, published, used, reformatted and/or displayed on another website without our written permission.
      • The standing of us and our licensors as authors of such data, content, material or information should be acknowledged at all times.
      • Images, logos, trademarks or service marks, displayed on the Services are either our property or the property of our third-party licensors and are protected by the applicable copyright laws, trademark laws, the laws of privacy and publicity and/or other intellectual property law(s). Any unauthorized use of images, logos, trademarks or service marks, displayed on the Services may violate the applicable laws.
    • All intellectual property rights such as patents, logos, net domain names, ethical rights, data, supply codes, software, specifications, know how, processes and business strategies (in all cases whether or not registered or unregistered and as well as all rights to use for registration) in and about the Services (including data, Content, material or information displayed on it) are owned by or our licensors and such rights are reserved. Nothing in these Terms and Conditions or our Services grants you, by implication, estoppel, or otherwise, any license or right to use the Content except as expressly stated in these Terms and Conditions. Except as mentioned elsewhere in these Terms and Conditions, none of the intellectual property rights that belong to us or our licensors in and about the Services (including data or Content displayed on it) can be used, copied, modified, published, transmitted, sold, excerpted, reverse designed, reproduced, reformatted or distributed by you without our express written consent in each instance.

 

  1. License to Use your Submissions
    • We encourage you to tell us how we can improve the Services. The Services provide you with the opportunity to send us questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”) through online forms, email, social media or other channels.  By submitting or otherwise providing your Submissions (including, for these purposes, User Content) to us, you agree and acknowledge that your Submissions are non-confidential and you grant us a non-exclusive unrestricted, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use your Submissions in any manner and for any purpose, commercial or otherwise, without acknowledgment or compensation to you, other than personal data which will only be used in accordance with our Privacy Policy.

 

  1. Exclusions of liability
    • We take all efforts to ensure that the information, material and knowledge on the Website are correct and to rectify any errors or omissions as soon as practicable when being notified of them. However, we do not warrant and hereby disclaim any warranty, express or implied, as to the accuracy, correctness, reliability, timeliness or non-infringement of any information, material or knowledge contained on the Services which are provided on an “as is” and “as available” basis.
    • We do not endorse any material information and data submitted or provided by third parties that is presented on the Website and you must bear in mind that such information could also be inaccurate, incomplete or out of date. We will not be held liable for any knowledge, material or data on the website that has been provided by third parties.
    • We aim to give you uninterrupted access to the Services. However, we do not guarantee or warrant that any Content or functions associated with the Services will be uninterrupted or error free, or that defects will be corrected or that the Services and its server will be free of all viruses and/or other harmful elements.
    • We are not liable and assume no responsibility for losses or damages of any kind however caused as a result (direct or indirect) of the use or access of, or the inability to use and access the Services, including but not limited to any damage or loss suffered as a result of reliance on the Content, and/or arising out of or in connection with these Terms and Conditions whether in contract, tort or otherwise, even if we have been informed of the possibility of such damage.
    • We are not accountable and exclude all liability for any indirect losses or damages suffered or incurred by you or those which were not predictable when you accessed or used the Services. This includes any loss of savings you expect to make, loss of business or business opportunity, loss of profit or revenue or for any loss or damage you may suffer or incur in connection with your use of the Services which was not foreseeable by us when you used the Services.
    • Notwithstanding the foregoing, nothing in these Terms and Conditions shall limit our liability for personal injury or death, fraud, or for any other liability the exclusion or limitation of which is not permitted by any applicable law or regulation.
    • You will be able to apply for a variety of products and services via this Website. The products and services are provided by third parties. You are solely responsible for your choice of product or service. We are not responsible or liable for (directly or indirectly) for any loss or harm you will suffer or incur as a result of any product or service you received and/or purchased in a result of or on the basis of using the Services or for any acts, omissions, errors or defaults of any third party in reference to that product or service. While we aim to provide accurate and up-to-date information for all products featured on the Services, we are not liable and do not assume any responsibility for the accuracy of any information relating to third party products and services on this Website. There may be some discrepancies between the information provided on this Website and the information contained in the third-party service provider’s websites. Please bear in mind that the data and descriptions of products and services on the Services might not represent the entire descriptions of all the options and terms and conditions of these products and services. You need to make sure that you carefully look at all the options and the terms and conditions of any product or service before purchasing it.
    • When you purchase an insurance product on the Services, please ensure that all details are correct; under no circumstances will refunds be provided once the insurance certificate has been issued. CompareHero will not have any liability for refunds once the insurance certificate has been issued.
    • A number of our channels can offer you with access to third party websites who can host reviews concerning a number of the products and services. In some instances, you will even be able to access user reviews directly on the website. The views expressed in third party websites do not represent our views and we will not be accountable for the accuracy or content of any such views or expressions.
  2. Third Party Liability
    • Our Services may provide you with access to third-party websites. The views expressed in third-party websites do not represent our views and we will not be responsible for the accuracy or content of any such views or expressions. Use of the hyperlinks and access to such linked websites are entirely at your own risk.
    • If you apply for and acquire any product or service, you will be in contact with a third party who is providing that product or service to you on their own terms and conditions and privacy policy. Such terms and conditions and privacy policy may totally differ from these Terms and Conditions and our Privacy Policy. It is solely your responsibility to make sure that you agree to those terms and conditions and privacy policy before entering a contract to get that product or service. We are not accountable or to blame for any loss or harm you will suffer or incur as a result of the terms and conditions applying to any contract entered into by you with any third party in respect to any product or service or for any acts, omissions, errors or defaults of any third party in reference to those terms and conditions.
    • We offer links from this Website and from emails sent to you as a part of our service to third parties. Due to this, we tend to mention websites that are operated by third parties that we do not manage. You access and use these third party websites at your risk and your sole discretion. You are entirely liable for any use of those third party websites and for any call to get or refrain from getting any of the products or services on such third party websites.
    • Any links to third party websites are provided for your interest and convenience as a user of the Services. We are not accountable for any loss or harm you will suffer or incur as a result of use of any third party websites or for any acts, omissions, errors or defaults of any third party mentioned on this website. . In no circumstances shall we be considered associated or affiliated in whatever manner with any trade or service marks, logos or insignia that appears on such third-party websites.

 

  1. Jurisdiction
    • The Services are controlled and operated in Malaysia. These Terms and Conditions, and any non-contractual obligations arising out of or in connection with these Terms and Conditions, will be governed by the laws of Malaysia and you irrevocably agree to submit to the exclusive jurisdiction of the courts of Malaysia.