Mobile app T&C + PDPA

This Agreement is made between You and Pacific Cross Insurance (Company). These terms outline the conditions that govern your use of the mobile application (referred to as the "Application"). By agreeing to these terms, along with any updates or additional conditions the company may provide periodically, you enter into this agreement.

The guidance and information provided through the Application are not intended to offer medical advice, diagnosis, or treatment. The information available is for showing your claim records and detail of your policy only.

If you are under 20 years of age, you must obtain your parent’s or guardian’s consent to this agreement before downloading the Application. By downloading and using the Application you are indicated that you agree to bound by and comply with the terms of this agreement. Failure to comply with any of the terms may result in the Company denying your access to the Application.

Agreed terms

1. Acknowledgement

1.1. These terms govern your use of the Application and any related services accessible through the Application (referred to as "Services"), including any update or supplements to the Application or any Services, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Application or Services, the term of an open-source license may override some of the terms of this agreement.

1.2. The Company reserves the right to modify these terms at any time, with notice provided when you next start the Application. Updated terms may be presented on-screen, and you may be required to review and accept them to continue using the Application and/or Services.

1.3. Your use of the Application is also subject to any rules or policies set by the platform or store from which you downloaded the Application (referred to as "Application Provider Rules"). You acknowledge that this agreement is between you and the Company alone, and that the Application Provider and its subsidiaries are not parties to this agreement and bear no responsibility for the Application.

2. Grant and scope of license

2.1. The Application is licensed to you, not sold, and may only be used in accordance with the terms of this Agreement (and any additional terms set by any relevant third party).

2.2. Under the conditions of this Agreement, the Company grants you a limited, non-transferable, non-sublicensable, non-exclusive, and revocable license to download, install, and use the Application on your device solely for personal use.

3. Data

3.1. The terms of our Privacy Policy, as updated from time to time, are incorporated into this Agreement and apply to any information you provide while using the Application and its Services. Privacy Policy can be accessed through the following Privacy Policy. By using the Application and/or any Services, you acknowledge and accept that internet transmissions cannot be guaranteed as completely private or secure, and that any message or data you send via the Application or Services could potentially be intercepted or read by others, even if encrypted.

3.2. By registering for and continuing to use the Application or Services, you consent to our collection and use of the information you provide, such as your name, email, and date

of birth. This information will not be visible to other users of the Application unless you choose to share it or as otherwise permitted under the Privacy Policy. Additionally, you agree to our collection and use of technical data about your device, including related software, hardware, and peripherals, to improve our products and services.

3.3. The Company may use personal information to resolve disputes, enforce any applicable terms (including investigating potential violations), or to detect, prevent, or address fraud, security, or technical issues. The Company may also disclose personal information when required by law. The Company will usually attempt to notify you when the Company is making such a disclosure, but the Company may not do so in an emergency or when prohibited by law or court order from giving such notice.

4. Acceptable use restrictions

4.1. You must

a) Refrain from using the Application or Service in any illegal manner, for any unlawful purposes, or in a way that violates this Agreement. You must not engage in fraudulent or harmful activities, such as hacking or introducing malicious code, viruses, or harmful data into the Application, Service, or any operating system.

b) Not infringe our intellectual property rights or the rights of any third party when using the Application or Service.

c) Not transmit any content that is defamatory, offensive, or otherwise inappropriate while using the Application or Service.

d) Refrain from using the Application or Service in a way that could damage, disable, overburden, impair our systems or security or interfere with other users; and

e) Not gather data from any Service or our systems, nor attempt to decode any transmissions to or from the servers running the Service.

4.2. Unless explicitly stated in this Agreement or allowed by local law, you agree to:

a) Not copy the Application, except where such coping is necessary for the purpose of back-up;

b) Not allow third parties, on your behalf, to alter, translate, disassemble, decompile, reverse-engineer, modify, or create derivative works of the Application;

c) Not permit the Application or any part of it to be combined with or integrated into any other programs; and

d) To comply with all technology control or export laws and regulations that apply or any Service (Technology)

5. Intellectual property

5.1. You acknowledge that all trademarks, copyright, database rights and other intellectual property rights related to the Application and its Technology worldwide, including the underlying software code, are owned by the Company or its licensors. The rights to the Application are licensed (not sold) to you, and your use of these rights is limited to what is outlined in this Agreement.

5.2. You acknowledge that you do not have the right to access the Application source-code form or to reproduce any part of the Application in any form or by any means.

5.3. You are not permitted to use the name “Pacific Cross Insurance” and all logos in this Application without the prior written consent of the Company or the relevant trademark owner.

6. No warranty

6.1. The Company does not guarantee that the Application, Services, or any information provided within the Application is suitable for your use or compliant with local laws. Although the Company has exercised reasonable care and skill in compiling the content of the Application, it makes no warranties regarding the accuracy of the information and shall not be held liable for any errors or omissions.

6.2. The Company exclude all conditions, warranties and other terms that may otherwise be implied by law into this Agreement; however, nothing in this Agreement affects your statutory rights.

7. Third Parties

7.1. The Application or any Service may feature or provide access to content, data, applications, or materials from third parties (referred to as "Third-party Materials") or contain links to independent third-party websites (referred to as "Third-party Sites"). The company do not control Third-party Materials or Third-party Sites, and the company are not responsible for their content, compliance with applicable laws and regulations, or their privacy policies, if any.

7.2. You acknowledge and agree that the Application Provider, and its subsidiaries, are third party beneficiaries of this agreement, and have the right to enforce its terms against you as a third-party beneficiary. The Application Provider is not required to consent to any changes made to this Agreement.

8. Limitation of liability

8.1. You acknowledge that the Application and Services are not created specifically for you, and it is your responsibility to verify that the features and functionalities of the Application and Services meet your needs.

8.2. The Company provides the Application and Services solely for personal and domestic use. You agree not to use the Application or Services for any commercial, business, or resale purposes, and the Company will not be liable for any lost profits, business losses, interruptions, or missed business opportunities related to your use of the Application.

8.3. The Company is not responsible for any losses you incur in connection with the Application or Services unless those losses were a foreseeable consequence of the Company’s breach of this Agreement or due to our negligence. Losses are considered foreseeable if both you and the Company could have anticipated them at the time you downloaded the Application.

8.4. The Company is not liable for any failure to provide all or part of the Services due to circumstances beyond our reasonable control, including failures of any machine, data processing systems, or transmission links, as well as during maintenance or upgrades of any systems used to deliver the Services. This also includes outages or lack of coverage or signal on any mobile network.

8.5. Nothing in this Agreement shall limit or exclude our liability for:

a) Death or personal injury resulting from our negligence.

b) Fraud or fraudulent misrepresentation; and

9. Communication

9.1. If the Company needs to reach you or send written notice, the company will do so through email or by postal mail to the address you provided during the registration process for the Application.

10. Termination

10.1. Your rights under this Agreement remain in effect until terminated by either you or the Company. These rights will automatically end without notice if you fail to comply with any terms of this Agreement or if your insurance policy with Pacific Cross Insurance is terminated. Upon termination, you must cease using the Application and delete it from your device.

10.2. The Company may restrict or disable your access to the Application without prior notice. If your access is disabled, this Agreement will terminate. The company will not be liable to you or any third party for exercising this right.

11. Other terms

11.1. The Company may periodically offer updates or upgrades to the Application, which may be made available through software downloads or other methods. These updates may either download automatically without any action required from you or may require you to manually download the update or upgrade from the Application Provider.

11.2. The company may transfer our rights and obligations under this Agreement to another organization, however, this will not impact your rights or our responsibilities under this Agreement.

11.3. You may transfer your rights or obligations under this Agreement to another person only if the Company agree in written.

11.4. If the company decide to modify this Agreement, the company will update it either when releasing or updating the Application, or by notifying you of the changes. By continuing to use the Application after these changes are made, you indicate your Agreement to be bound by and comply with the updated terms, and the Company will treat your continued use as acceptance of the revised provisions.

11.5. If the Company fails to insist that you fulfil any of your obligations under this Agreement, or if the Company does not enforce its rights against you (or delays in doing so), this does not mean that the company have waived any default on your part. Any waiver will only be effective if provided in writing, and it does not mean that the Company will automatically waive any future defaults.

11.6. The Company will not be held liable or responsible for any failure or delay in fulfilling its obligations under this Agreement if such failure or delay is caused by an act or event beyond the Company's reasonable control.