These Terms of Service ("Terms") govern your access to and use of the application, website, products, and
services ("Services") provided by BJAK Sdn Bhd (“BJAK”,”we","us" or "our"), so please read
these Terms carefully, before using our Services.
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 Services. Any reference made in these Terms of Service to "BJAK" shall be deemed to have been made to BJAK Sdn Bhd - 1339813-K, its subsidiaries, successors, assignees, and affiliates, as well as any company that controls BJAK, directly or indirectly, and any other subsidiary of that controlling company.
We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective upon the posting of the modification to our App/website (collectively, "the App"), and will apply to causes of action arising after the effective date of the change. You should continue to check the App for changes. Your continued use of our App or otherwise the Services following the posting of changes to these Terms will mean that you accept those changes. By accessing or using our Services, you confirm that: - you can form a binding contract with us; and - you are over the age of 18, as the Services are not intended for children under 18. If it comes to our attention through reliable means that a registered user is a child under 18 years of age, we will cancel that user's account and/or access to the Services. If you are using the Services on behalf of a corporation (or any legal entity other than using it personally), you represent that you are authorized to enter into an agreement on behalf of that legal entity, and are nevertheless individually bound by these Terms even if we have a separate agreement with such corporation.
WARRANTIES AND DISCLAIMERS
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
Other than as expressly set out in these terms or additional terms, neither BJAK nor service suppliers make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.
BJAK will take reasonable measures to ensure the accuracy and validity of all information relating to transactions and services which originate exclusively from bjak.my.
BJAK does not warrant or represent that access to the whole or part(s) of this website, the materials, information and/or functions contained therein will be provided uninterrupted.
WEB AND MOBILE APPLICATION
The information provided by BJAK's App is not and should not be construed as insurance advice. BJAK is not liable for any inaccurate, missing or misconstrued information and makes no guarantee as to the quality and precision of the content. Any insurance purchasing conclusions and decisions such as coverage amounts, limits and deductibles are completely and solely the responsibility of the insured. BJAK may at its sole discretion change the App’s content and information from time to time. At the time of a claim, coverage will be determined in accordance with the terms and conditions of the insurance policy and not the App. Accordingly, you are encouraged to view/download a specimen of your actual policy documentation prior to making any purchase decision
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 our Services, provided that:
1 You will not copy, distribute or modify any part of the Services without our prior written authorization;
2 You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.;
3 You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs;
4 You will not disrupt servers or networks connected to the Services; and (v) You comply with these Terms.
Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access (other than your User Content), which shall remain with us and our respective licensors.
All right, title, and interest in and to Services including worldwide Intellectual Property Rights therein, are and will remain the exclusive property of BJAK and its applicable licensors. We reserve all rights not expressly granted in and to the Services.
In order to access the Service, you will have to create an account. You hereby represent and warrant that the information you provide to BJAK upon registration (including information provided through your linked Facebook account, as applicable, or other third party Linked Accounts, as defined below), and at all other times, will be true, accurate, current, and complete. Your "Account Information" also includes any information you provide to us during the insurance application or claims process. You also hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
PRIVACY AND PASSWORDS
Some portions of the Site and Products are protected and require a user identification code ("User ID") and pin/password for access. Unauthorized access or use of such portions of the Site is prohibited. You agree that you will notify BJAK immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred by contact our Support team. For your protection, if BJAK believes that any unauthorized access may occur or has occurred, BJAK may terminate such access without prior notice to you. You also agree that BJAK is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.
LINKED ACCOUNTS AND SOCIAL NETWORKING SITES
BJAK may, now or in the future, allow you to link your account on the Service to your account(s) on third party services, such as social networking sites ("Linked Accounts"). If you link your account on the Service to a Linked Account, you are authorizing BJAK to store and use your access credentials to access your Linked Account on your behalf as your agent to integrate your experience with the Service with content, information, and features available through such Linked Account. This may include importing the contacts, preferences, interests or "likes" of the Linked Account, and/or pushing updates regarding your use of the Service out to your Linked Accounts. Linking, accessing or using a third party service through the Service in this manner may be subject to additional terms established by the applicable third party, and it is your sole responsibility to comply with such third party terms.
Your insurance or takaful is underwritten by your chosen insurance company or takaful operator. BJAK works with the licensed insurance and takaful agencies that represent the insurance companies or takaful operators that underwrite your policies. The underwriter and licensed agencies are as below respectively:
INSURANCE QUOTES AND COVERAGES
All quotes generated by BJAK Products are based upon the information you provided and are not a contract, binder, or agreement to extend insurance coverage. Any coverage descriptions provided on our website are general descriptions of available coverages and are not a statement of contract. To obtain coverage you must submit an application to BJAK whether on BJAK's website, mobile app or otherwise. All applications are subject to underwriting approval. Coverages and availability may vary by state or province; and additional minimum coverage limits may be available in your state.
Pursuant to Paragraph 5 of Schedule 9 of the Financial Services Act 2013, if you are applying for insurance offered on Bjak, care not to make a misrepresentation in answering the questions in our purchase flow. You must answer all questions fully and accurately. Failure to take reasonable care in answering the questions may result in avoidance of your contract of insurance, refusal or reduction of your claim(s), change of terms or termination of your contract of insurance. The above duty of disclosure shall continue until the time your contract of insurance is entered into, varied of renewed with us. In addition to answering the questions in Bjak's purchase flow, you are required to disclose any other matter that you know to be relevant to our decision in accepting the risks and determining the rates, and terms to be applied. You also have a duty to tell us immediately if at any time after your contract of insurance has been entered into, varied or renewed with us any of the information given is inaccurate or has changed.
If you elect to report an insurance claim, the information you submit regarding your insurance policy and the loss is subject to review and verification. BJAK reserves the right to request additional information prior to submitting a claim to the insurance underwriter/company. A claim representative from the insurance underwriter/company may be communicating with you regarding your claim. All policy provisions contained in your policy remain in effect. If you have any questions concerning the coverage afforded by your policy, please visit the BJAK Support page.
POLICY RENEWAL AND REFUNDS
When we process your insurance application you are asked certain questions relating to your circumstances. We may request additional information in order to offer you a competitive price consistent with your circumstance and requirements. However, please be aware that our offered rate is subject to change suggested or imposed by the insurance company who underwrites your insurance policy. We therefore have no control over such changes that may occur from time to time. The rate that we offer you is deemed current at the time of your application. Any changes shall be passed on to you without limitations.
All other refund requests are handled case by case basis. Investigation will be made and the duration of refund may vary for all approved refund requests.
By accepting this quotation, you have understood and accepted the terms and conditions.
Note: In accordance with Insurance Act 1996 (Part XII, Section 141 Assumption of Risks, Subsection 4) all refund premium shall pay directly to the policyholder.
There’s a processing fee of RM5 upon any order cancellation. BJAK reserves the right to impose service charges on any refund requests. If you feel you were incorrectly charged a processing fee, you may contact BJAK via the Help Centre on BJAK's website for assistance. BJAK reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the purchase, or the BJAK Credits or such other method as is deemed reasonable by BJAK, for cash payments.
Generally, all cancellations made will be charged a processing fee of RM5.00
BJAK reserves the right to amend the acceptable cancellation reasons and fee from time to time.
BJAK reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or BJAK Credits or such other method as is deemed reasonable by BJAK, for cash payments.
All Users of our portal are required to acknowledge that all particulars provided are accurate and abiding by law.
For policy renewals, You acknowledge and consent to BJAK that You have not been Blacklisted or Suspended by any third party which includes but not limited to; the government, law enforcers and insurance companies. BJAK reserves the right to not entertain any refunds for any of such abuse. This may also result in a suspension or even a permanent ban.
USER CONTENT GENERAL
The Service may request that you submit content such as text, photos, audiovisual content, and other media content ("User Content"). By providing User Content to BJAK, you are granting BJAK a license to use the User Content in order to make it available through the Service.
LICENSE GRANT BY YOU TO BJAK
By uploading Content, you are granting BJAK a license to display, perform and distribute your Content and to modify (for technical purposes), and reproduce such Content to enable BJAK to operate the Service. You agree that these rights and licenses are royalty free, worldwide, and irrevocable, and include a right for BJAK to make such Content available to, and pass these rights along to, others with whom BJAK has contractual relationships related to the provision of the BJAK service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if BJAK determines such access is necessary to comply with its legal obligations.
SUBMITTED IDEAS POLICY
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to BJAK through the "Contact Us," User Forum or Support interfaces or through any other channel or mechanism (collectively, "Contributions"), you acknowledge and agree that:
1 your Contributions do not contain confidential or proprietary information;
2 BJAK is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
3 BJAK shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way;
4 BJAK may have something similar to the Contributions already under consideration or in development;
5 your Contributions automatically become the property of BJAK without any obligation of BJAK to you;
6 you are not entitled to any accounting, compensation or reimbursement of any kind from BJAK under any circumstances.
Do not misuse our Services. You agree not to use the Service or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will:
2 comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
3 provide accurate information to us and update it as necessary; and
4 act honestly and in good faith.
By using the Services you agree NOT to:
1 Create an account for anyone other than a natural person (unless you are a company, organization, legal entity or a brand and represent that company, organization, legal entity or brand).
2 Defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person or engage in any other predatory behavior, including sending unwelcomed communications to others or engage in any other predatory behavior, or incite others to commit violent acts.
3 use or attempt to use another's account or create a false identity;
4 duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services, except as permitted in these Terms, or as expressly authorized by us;
5 reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
6 utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services;
7 adapt, modify or create derivative works based on the Services or technology underlying the Services, in whole or part;
8 rent, lease, loan, trade, sell/re-sell any information in the Services, in whole or part;
9 use the communication systems provided by the Services for any commercial solicitation purposes;
10 sell, sponsor, or otherwise monetize any service or functionality in the Services, without our express written consent;
11 remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors');
12 remove, cover or otherwise obscure any form of advertisement included on the Services;
13 collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same);
14 share other users' or third party's information or their User Content without their express consent;
15 infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us;
16 use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, "scrape," "crawl", "cache", "spider" or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
17 use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services;
18 access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose;
19 engage in "framing," "mirroring," or otherwise simulating the appearance or function of the website;
20 attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services;
21 engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services' infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs through or on the Services; and/or
22 Interfere or disrupt or game the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
THIRD PARTIES' LINKS, WEBSITES, AND SERVICES
The Services may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We are not affiliated with those websites, do not endorse them, have no control over those websites, and assume no responsibility and/or liability for the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
1 satisfy any applicable law, regulation, legal process, subpoena or governmental request;
2 enforce these Terms, including investigation of potential violations of it;
3 detect, prevent, or otherwise address fraud, security or technical issues;
4 cooperate with law enforcement authorities;
5 respond to user support requests;
6 protect our, our users' or the public's rights, property or safety.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, the Service Is Available "As Is."
You expressly understand and agree that:
1 Your use of the service and the purchase and use of any products or services are all at your sole risk. The service is provided and products are sold on an "as is" and "as available" basis. To the maximum extent permitted by law, BJAK expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement
2 BJAK does not warrant that
i The service will meet all of your requirements;
ii The service will be uninterrupted, timely, secure or error-free OR
Iii All errors in the software or service will be corrected.
3 Any material downloaded or otherwise obtained through the use of the service 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.
4 No advice or information, whether oral or written, obtained by you from BJAK or through or from the service shall create any warranty not expressly stated in these terms of service. You expressly understand and agree that BJAK, its subsidiaries, affiliates and licensors, and our and their respective officers, employees, agents and successors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, cover or other intangible losses (even if bjak has been advised of the possibility of such damages) resulting from:
i The use or the inability to use the service;
ii Unauthorized access to or the loss, corruption or alteration of your transmissions, content or data;
iii Statements or conduct of any third party on or using the service, or providing any services related to the operation of the service;
iv BJAK's actions or omissions in reliance upon your account information and any changes thereto or notices received therefrom;
v Your failure to protect the confidentiality of any passwords or access rights to your account information;
vi The acts or omissions of any third party using or integrating with the service;
vii The termination of your account in accordance with the terms of these terms of service; or
viii Any other matter relating to the service.
In any event and without limiting the generality of this section 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) $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 of service (including the limitation of liability provisions) is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from:
1 your use of the Services;
2 your violation of these Terms;
3 your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; including all actions taken under your account.
This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.
GOVERNING LAW AND JURISDICTION
By using the App, you agree to have all records, including the insurance policy, provided to you in electronic form. This consent, unless withdrawn, applies to all transactions between you and BJAK. However, you have the right to receive communications from us, including the insurance policy, in paper form if you wish by withdrawing this consent. If you withdraw the consent to provide you with records in electronic form, you will then be provided with records in paper form. To withdraw your consent, you must email us at help@BJAK.my with the following subject line "WITHDRAW ELECTRONIC CONSENT." The body of the email must include your name, policy number, effective and expiration dates of the policy, the effective date of your withdrawal and whether you want (a) all communications to be in paper form and (b) your insurance policy to be sent to you in paper form. BJAK reserves the right to charge a fee of RM500.00 for paper transmission of the insurance policy, any installment paper invoice and any policy endorsement or communication if requested by you.
Unless otherwise indicated, the copyright in this website and its contents, including but not limited to the text, images, graphics, sound files, animation files, video files, and their arrangement, are the property of BJAK, and are protected by applicable Malaysian and international copyright laws. No part or parts of this website may be modified, copied, distributed, retransmitted, broadcast, displayed, performed, reproduced, published, licensed, transferred, sold or commercially dealt with in any manner without the express prior written consent of BJAK. You also may not, without BJAK’s expressed prior written consent, insert a link to this website on any other website, frame or "mirror" any material contained on this website on any other server. Any such unauthorised reproduction, retransmission or other copying or modification of any of the contents of BJAK’s website may be in breach of statutory or common law rights which could be the subject of legal action. BJAK disclaims all liability which may arise from any unauthorised reproduction or use of the contents of our website.
All trademarks, service marks, and logos displayed in this website are the property of BJAK. Unless the prior written consent of BJAK has been obtained, no license or right is granted to any party accessing this website to use, download, reproduce, copy or modify such trademarks, services marks or logos. Similarly, unless the prior written consent of BJAK or the relevant proprietor has been obtained, no such trademark, service mark or logo may be used as a link or to mark any link to BJAK’s website or any other site.
EXCLUSION OF LIABILITY
BJAK shall in no event be liable for any loss or damage howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss of profits or savings arising in connection with your access or use or the inability to access or use this website (or any third party link to or from BJAK’s website), reliance on the information contained in the website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.
EXCLUSION OF LIABILITY DUE TO ACTS AND/OR OMISSION BY ANY THIRD PARTY / RELEVANT AUTORITY(IES)
BJAK shall not be responsible and liable for any claim, loss of profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages caused by any third party/relevant authority(ies) including but not limited to the following instances:-
You hereby irrevocably agree to indemnify and keep indemnified BJAK from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by BJAK in connection with or arising from (1) your use or misuse of this website and the services provided herein, or (2) your breach of these terms and conditions howsoever occasioned, or (3) any intellectual property right or proprietary right infringement claim made by a third party against BJAK in connection with your use of this website.
LIABILITY OF SERVICES
When permitted by law, BJAK, and BJAK’s service suppliers, will not be responsible for loss of profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, the total liability of BJAK, and its service suppliers, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supply you the Services again). In all cases, BJAK, and its service suppliers, will not be liable for any loss or damage over and above the services provided.
MODIFYING AND TERMINATING OUR SERVICES
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. BJAK may also stop providing Services to you, or add or create new limits to our Services at any time. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service. BJAK reserves the right to terminate and/or suspend your access to this website and/or your use of this website at any time, for any reason. In particular, and without limitation, BJAK may terminate and/or suspend your access should you violate any of these terms and conditions, or violate the rights of BJAK, of any other user, or of any third party.
The failure of BJAK to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the other provisions of the terms and conditions shall continue in full force and effect. Any rights not expressly granted herein are reserved.
LAW AND JURISDICTION
These terms and conditions are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this website and/or using the services provided herein by BJAK, you hereby consent to the exclusive jurisdiction of the Malaysian courts in Kuala Lumpur, Malaysia in all disputes arising out of or relating to the use of this website BJAK makes no representation that the materials, information, functions and/or services provided on this website are appropriate or available for use in jurisdictions other than Malaysia.
BUSINESS USES OF THE SERVICES
If you are using our Services on behalf of a business or a company, that business or a company accepts these terms. It will hold harmless and indemnify BJAK and its service suppliers, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
ABOUT THESE TERMS
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. BJAK reserves the right to amend any of the Terms and Conditions at any time without any prior notice. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between BJAK and you. They do not create any third party beneficiary rights.