Terms and Conditions of Use (“Terms”)

1. General

1.1. In these Terms, "you" and "your" means the customer (whether individual or corporate), and (where the context so requires) includes any user authorised by you. "We", "us" and "ours" means Manulife (Singapore) Pte. Ltd., including its successors and assigns.

1.2. Please read these Terms carefully before using any Manulife Digital Tool, including this Website. By installing, accessing and / or using this website (“Website”) any digital tool, mobile applications and / or online facilities owned or operated by us (“Applications”, and together with the Website, the “Manulife Digital Tools”), you agree to be bound by the following Terms without limitation or qualification. These Terms may be varied, amended and / or updated from time to time, in our sole discretion, without prior notice to you.

1.3. In addition to these Terms, there may be separate terms and conditions that apply to the installation, access and / or use of a particular Manulife Digital Tool (“Specific Terms”) if you have installed or accessed any Manulife Digital Tool through any application distribution system (including but not limited to any system operated by Apple Inc. or Google Inc.) and / or if you access other pages or follow links from any Manulife Digital Tool (“Other Terms”, and together with the Specific Terms, the “Additional Terms and Conditions”). It is your responsibility to read, understand and comply with the Additional Terms and Conditions, where applicable.

1.4. By using the Manulife Digital Tools, you acknowledge and agree that you understand and are bound by these Terms and the Additional Terms and Conditions, together with any amendments or revisions to the same and should therefore periodically visit this page and / or other relevant pages to review the current Terms to which you are bound. If you do not agree with these Terms, you should not use the Manulife Digital Tools and should uninstall and / or exit the Manulife Digital Tool (as applicable) immediately. Continued use of the Manulife Digital Tools following the posting of such amendments shall constitute acceptance by you of such amendments.

1.5. In the event of any conflict or inconsistency between provisions of these Terms, the Specific Terms and the Other Terms the following documents shall prevail in the following order, to the extent applicable to the matters stated within those terms:

a) Specific Terms;

b) Terms;

c) Other Terms.

2. Alert Service, Email Communications and Push Notifications

2.1. You will automatically be enrolled in the Alerts ("Alert") service subject to the type of Manulife policy being in force and your notification preference. Alert notifications will be sent via Short Message Service ("SMS") or email to you at our discretion based on predetermined criteria. You shall ensure that you have updated us with your latest mobile phone number and / or email address (depending on your notification preference) for the purposes of our Alerts service.

2.2. The SMS Alert service is subject to the terms of your agreement with your mobile phone service provider. You shall ensure that your mobile phone number is able to receive SMS both in Singapore and overseas, and you shall be responsible for any fee imposed by your respective mobile phone service provider.

2.3.  Each Alert is not encrypted and may include details pertaining to your transaction(s). You are responsible for the security of your mobile phone and any other electronic devices. We shall not be liable in any way to any party should any Alert be viewed or accessed by persons other than you.

2.4. When installing and / or accessing certain Manulife Digital Tool(s), you may be given the opportunity to opt-in to receive promotional SMS and / or email communications from us. You may opt-in or opt-out of receiving such communications any time by adjusting your settings within the relevant Manulife Digital Tool.

2.5. Similarly, certain Applications may provide you with the opportunity to receive push notifications from us on your device and within the Applications. This may include promotional communications, communications regarding your policies and products purchased with us and / or system messages pushed to your service or within such an Application ("Push Notifications"). You may at any time opt-in or opt-out of receiving Push Notifications by adjusting your settings during the installation of an Application or thereafter within the settings of an Application.

3. Use of the Manulife Digital Tools

3.1. Subject to the acceptance of the applicable terms under Clause 1.5 above, you may use the Manulife Digital Tools for your convenience and for the purpose of transacting business with, or participating in programs with us, where applicable.

3.2. In order to use certain functions of the Manulife Digital Tools, you may need to register an account, or otherwise login or grant access to the Manulife Digital Tool to access your existing account. Where you are required to register an account, you agree to:

a) create only one account;

b) provide accurate, truthful, current and complete information when creating such account;

c) maintain and promptly update such account information;

d) follow the guidance provided by us from time to time through the relevant Manulife Digital Tool in designing a password when creating the account;

e) maintain the security of such account by not sharing your account details and password with others and restricting access to the account;

f) promptly notify us if you discover or otherwise suspect any security breaches in relation to your account or any Manulife Digital Tool; and

g) take responsibility for all activities that occur under your account and accept all risks of unauthorised access.

You agree that we may collect and use technical data and related information, including without limitation, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Manulife Digital Tools. We may use this information to improve our products or to provide services or technologies to you.

3.3. Subject to these Terms, Manulife grants you a personal, non-exclusive, non-transferable, limited and revocable license to use the Manulife Digital Tools for personal and / or non-commercial use only on a device owned or controlled by you, in accordance with these Terms (“User License”). Any use of the Manulife Digital Tools in any other manner, including, without limitation, reproduction, resale, transfer, modification or distribution of the Manulife Digital Tools or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Manulife Digital Tools (“Content”), including these Terms, is prohibited. These Terms and the User License also govern any updates to, or supplements or replacements for, the Manulife Digital Tools unless separate Specific Terms accompany such updates, supplements or replacements, in which case the relevant Specific Terms, to the extent applicable, will apply.

4. Conditions of Use

4.1. Your access, transmission, input and / or use of the Manulife Digital Tools, Content and / or other information provided by you (including but not limited to account details, usernames and passwords, addresses, mobile numbers, e-mail addresses, policy information and financial information (such as credit card numbers)) is limited to the contemplated functionality.

4.2. As a condition of your use of the Manulife Digital Tools, you warrant to us that you will not use the Manulife Digital Tools for any purpose that is unlawful or prohibited by these Terms or any Additional Terms and Conditions, as relevant. In no event may the Manulife Digital Tools be used (whether by you or a third party allowed by you) in a manner that:

a) harasses, abuses, stalks, threatens, defames or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);

b) is unlawful, fraudulent or deceptive;

c) uses technology or other means to access the Manulife Digital Tools or Content in a manner that is not authorized by us;

d) uses or launches any automated system, including without limitation, "robots", "spiders", or "offline readers", to access the Manulife Digital Tools and Content;

e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

f) attempts to gain unauthorized access to our computer network or user accounts;

g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;

h) violates these Terms or the Additional Terms and Conditions (if applicable); 

i) attempts to damage, disable, overburden, or impair our servers or networks;

j)  impersonates any person or entity or otherwise misrepresent your identity or affiliation with another person or entity;

k) makes and / or distribute copies of the Manulife Digital Tools;

l) attempts to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Manulife Digital Tools;

m) creates derivative works of the Manulife Digital Tools of any kind whatsoever; and / or

n) damage, disable, overburden, or impair the Manulife Digital Tools or interfere with any other party's use of the Manulife Digital Tools,

(the foregoing, collectively "Unacceptable Use").

We reserve the right, in our sole discretion, to terminate any User License, terminate your ability to use the Manulife Digital Tools and / or remove Content or assert legal action with respect to the Content or the Manulife Digital Tools, if we in our sole discretion believe such use is or might be Unacceptable Use or is otherwise in violation of these Terms and / or any Additional Terms and Conditions. Our failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms.

4.3. We may at any time without notice to you, determine and vary:

a) the frequency and manner of use of the Manulife Digital Tools; and

b) the transaction capabilities and limits, functionality, operating hours and types of facilities and services available through the Manulife Digital Tools.

4.4. You will be responsible for all transactions on your account made by the use or purported use of the Manulife Digital Tools by any person, with or without your authority, knowledge or consent, and may not claim against us in respect of any such use or purported use.

4.5. You shall assume full responsibility and risk each time you install, access or use the Manulife Digital Tools or view or print any portion of the Content or information available to you on the Manulife Digital Tools.

5. Disclaimer

5.1. To the fullest extent permissible pursuant to applicable law: (1) the information and materials on the Manulife Digital Tools are provided "as is" and without warranties of any kind whether express, implied, statutory or otherwise, and Manulife disclaims all warranties, whether express, implied, statutory or otherwise, including, but not limited to, warranties of merchantability, satisfactory quality and fitness for a particular purpose, title and non­-infringement of third party rights; (2) Manulife does not warrant that the Manulife Digital Tools or the functions contained in its materials and Content will be uninterrupted or error-­free, that defects will be corrected, or that the Manulife Digital Tools or the server that makes the Manulife Digital Tools available are free of viruses or other harmful components; and (3) Manulife does not warrant or make any representations regarding the use or the results of the use of the information and/or materials on the Manulife Digital Tools in terms of their correctness, accuracy, reliability, adequacy, completeness or otherwise. The information and descriptions contained herein are not necessarily intended to be complete descriptions of all terms, exclusions and conditions applicable to the products and services, but are provided solely for general informational purposes. For complete details please refer to the actual policy or the relevant product or services agreement. Nothing on the Manulife Digital Tools shall constitute or be construed as legal liability, undertaking or admission by Manulife in any way.

5.2. We will use reasonable efforts to make the Manulife Digital Tools available during our stated operating hours (if any, and subject to any reasonable downtime to improve, vary and / or maintain the Manulife Digital Tools). However, you acknowledge that the Manulife Digital Tools are provided over the Internet and mobile networks such that the quality and availability of the Application may be affected by factors outside our reasonable control. Additionally, we do not accept any responsibility whatsoever for unavailability of the Manulife Digital Tools, or any difficulty or inability to download or access Content due to an incompatible device or any other communication system failure which may result in the Manulife Digital Tools being unavailable to you.

5.3. For your convenience, the Manulife Digital Tools may be linked to other third-party websites or applications which are not maintained by Manulife. Manulife is not responsible for the availability, content or accuracy of other third-party websites or applications and does not make any warranty expressed or implied, with respect to the use of those third-party websites or applications. The inclusion of any link to such websites or applications does not imply approval of or endorsement by Manulife of the websites or the content thereof. You acknowledge and agree that you access such websites or applications at your own risk, that our terms and policies no longer govern, and that the terms and policies of those third-party websites or applications will now apply. You should review the applicable terms and policies, including their privacy and data gathering practices, of any website or application to which you navigate from the Manulife Digital Tools.

6. Exclusion and Limitation of Liability

6.1. You waive all rights that you may have to hold us responsible in connection with any other use of the Manulife Digital Tools.

6.2. Based on the nature of internet transactions and related technology, you agree that these limitations of liability are fair and reasonable, and that we would not have permitted you to install, access to or use the Manulife Digital Tools by you if not for your agreement with the liability limitations and disclaimers set out herein.

6.3. While we shall use reasonable efforts to include accurate and up to date information on the Manulife Digital Tools, errors or omissions may sometimes occur. To the fullest extent permissible under applicable law, we make no warranties or representations as to the accuracy, adequacy or completeness of the Content of the Manulife Digital Tools and/or its materials and under no circumstances, including, but not limited to, negligence, shall we or any party involved in creating, producing, or delivering the Manulife Digital Tools be liable to you for any direct, incidental, consequential, indirect, special or punitive damages, losses, liabilities, costs, expenses and/or consequences of whatsoever nature that result from or in connection with any access, the use of, or the inability to use, the Content and materials on the Manulife Digital Tools or reliance on the Content and materials and/or any information on the Manulife Digital Tools, any systems, server or connection failure, error, omission, interruption, delay in transmission, computer virus or any use of or access to any other websites linked to the Manulife Digital Tools, even if we or our authorized representative has been advised of the possibility of such damages. To the fullest extent permissible under applicable law, in no event shall Manulife, its officers, directors, agents, Affiliates (“Affiliates” means any person controlling, controlled by or under common control with Manulife, as applicable), successors and assigns, and employees’ maximum liability to you for all damages, losses, and causes of actions howsoever arising (whether in contract, tort (including negligence), strict liability or any other theory, arising out of or in connection with your installation, access or use, or inability to install, access or use, the Manulife Digital Tools), exceed the amount paid by you within the one-month period immediately prior to the event giving rise to such liability, if any, for accessing the relevant Manulife Digital Tool.

6.4. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your electronic equipment or any other property as a result of your access to, use of, or browsing in the Manulife Digital Tools or your downloading of any materials, data, text, images, video, or audio from the Manulife Digital Tools.

7. Restrictions

7.1. We reserve the right, at our sole discretion, to refuse to act or carry our any instruction or transaction and / or terminate your access to the Manulife Digital Tools, the Content and / or any and all of our online facilities at any time, without any notice, for any reason whatsoever (unless required by any applicable law). We also reserve the right to disclose any information deemed necessary to comply with any applicable law, regulation or legal process, or to edit, remove, or refuse to post any information or materials at our sole discretion. Whenever we are required to act, make a determination or exercise judgement in any other way, we may do so in our sole and absolute discretion.

7.2. We neither warrant nor represent that your use of materials displayed on the Manulife Digital Tools will not infringe the rights of third parties.

7.3. You are entirely responsible for maintaining the confidentiality of your own passwords and account details. You are also entirely responsible for any transactions or activities that occur under your account on the Manulife Digital Tools, regardless as to whether such transactions or activities were made with or without your knowledge or authority. We shall not be liable for any damage, loss or other liability incurred by you arising from any transactions of any kind whatsoever resulting from the unauthorized use of accounts and passwords by any third parties. However, you may be held liable for any damage, loss or other liability incurred by us for any wrongful use of your account and / or password. You shall report to us immediately if you know or have reason to suspect that the security of your password and / or account may have been compromised or used by another person without authority.

8. Biometric Access Services

8.1. Some of the Manulife Digital Tools may allow you to implement access using biometric verification (“Biometric Access Service”). To use the Biometric Access Services, you will need to have:

a) successfully created an account on the applicable Manulife Digital Tool;

b) installed the Manulife Digital Tool on your device;

c) registered for Biometric Access Services by completing the registration process by logging in to the Manulife Digital Tool with your password and enabling the use of the Biometric Digital Tool either upon installation or otherwise within the relevant Manulife Digital Tool’s settings; and

d) at least one fingerprint, facial scan, or other unique biometric identifier as we may, in our sole discretion and from time to time, prescribe as an acceptable method of identification (“Unique Biometric Identifier”) registered in your device.

8.2. You understand that upon the successful registration of your device with the Biometric Access Services, any Unique Biometric Identifier that is stored on your device can be used to access the relevant Manulife Digital Tool, which includes access to your account and information on the Manulife Digital Tool.

8.3. When you authorise the use of the Biometric Access Services and use such Unique Biometric Identifier to access the Manulife Digital Tool or authorise transactions, you are deemed to have used your password to access the Manulife Digital Tool or instruct us to perform such transactions, as the case may be.

8.4. You may still choose to access the relevant Manulife Digital Tool using your password. You acknowledge that the authentication is performed by the Manulife Digital Tool by interfacing with the Unique Biometric Identifier authentication module on the device and that you agree to the authentication process.

8.5. You acknowledge and agree that, for the purposes of the Biometric Access Services, the Manulife Digital Tool will be accessing the Unique Biometric Identifier registered in your device, and you hereby consent to us accessing and using such information for the provision of the Biometric Access Services.

9. Indemnity

9.1. You agree to fully defend, indemnify and hold Manulife and its officers, directors, agents, Affiliates, successors and assigns, and employees harmless from any and all damages, claims, demands, suits, actions and/or causes of action of any kind whatsoever, for any costs, liabilities and/or expenses (including legal fees and disbursements) as and when they arise, and losses and damage suffered, incurred or sustained by Manulife, as and when such losses and damage arise from or are suffered in connection with:

a) your installation, access or use of the Manulife Digital Tools and / or any and all of our online facilities;

b) any other party’s installation, access to or use of the Manulife Digital Tools and / or any and all of our online facilities using your account and / or password; 

c) your breach of any of these Terms or any Additional Terms and Conditions; or

d) any other party’s breach of any of these Terms or any Additional Terms and Conditions where such party was able to access or use the Manulife Digital Tools and / or any and all of online facilities using your account and/or password and / or Biometric Access Service.

9.2. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defences.

10. Records of Transactions

10.1. Our own records of the transactions conducted by you through any of your account(s) on the Manulife Digital Tools shall be maintained through our computer systems or otherwise, and shall be accepted as conclusive and binding for all purposes. Your use of your account and / or password and / or Biometric Access Service to access or use the Manulife Digital Tools and / or any and all of our online facilities, including access to your policy records and our on­line services will be recognized as your electronic signature and will be legally binding.

10.2. In the absence of valid evidence of inaccuracy in our records, our records of your account are conclusive, and you agree to be bound by our records. In the event of a discrepancy between the information provided on the Manulife Digital Tools and our recordkeeping system, the information on our recordkeeping system will prevail. You accept that electronic records will be admissible as primary evidence in any court of law and agree that you will not challenge or dispute the accuracy or authenticity of such records.

11. Communications

11.1. All notices or other communications given by us to you if:

a) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left; or

b) communicated through any Alert Service, Push Notification (if applicable) or print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast.

12. No Waiver

No failure or delay by us in exercising or enforcing any right or option under these Terms shall operate as a waiver of it or limit, prejudice or impair our right to take any action or to exercise any right against any person or render us responsible for any loss or damage arising therefrom or in connection thereto. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

13. Severability

If any clause in these Terms is declared illegal, invalid or unenforceable in whole or in part by any competent court or authority, then the clause shall be deemed automatically adjusted to conform to the requirements for validity as declared at such time and as so adjusted, shall be deemed a clause of these Terms as though originally included. If the clause invalidated is of such a nature that it cannot be so adjusted, the clause shall be deemed deleted upon these Terms as though the clause had never been included and in either case, the remaining clauses of these Terms shall remain in full force and effect.

14. Jurisdictional Issues

Unless otherwise expressly set forth in these Terms, we make no representation that materials on the Manulife Digital Tools are appropriate or available for use in other location. Those who choose to access the Manulife Digital Tools do so of their own initiative and are responsible for compliance with local laws.

15. No Advisory Duty

15.1. The Content made available through the Manulife Digital Tools is provided for general information only and should not be used as a basis for making any specific investment, business or commercial decision. Unless we expressly agree in writing, we do not assume any advisory, fiduciary or similar or other duties to you. We assume and will rely on the assumption that you have taken the necessary independent legal, tax, financial and other advice in relation to any policy, product or transaction.

15.2. Except as expressly set forth herein, the information contained on the Manulife Digital Tools is not an offer to sell or a solicitation to buy any security, insurance product or other product or service by us. No security, insurance product or other product or service is offered or will be sold by us or, if sold by us, will be effective in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions.

16. Ownership of Information

16.1. Any information, other than “personal data” (as defined under the Personal Data Protection Act 2012), that you transmit to us via the Manulife Digital Tools, by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as non­confidential and non-proprietary and will become our property. Such information, other than personal data, may be used by us for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. We are free to use any ideas, concepts, know­how, or techniques contained in any communication you send to us via the Manulife Digital Tools or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. To the fullest extent permitted by applicable law, you waive all applicable rights you may have in any information (other than personal data) you transmit to us via the Manulife Digital Tools or otherwise.

16.2. Any personal data submitted to us using the Manulife Digital Tools will be subject to our Statement of Personal Data Protection and the Personal Data Protection Act 2012.

16.3. Your policy records are confidential and we have taken steps to safeguard this confidentiality. However, your co­operation is required for the confidentiality of your policy records to be maintained. You are required to take the necessary precautionary measures to ensure that no unauthorised access is given to your policy records, your password and access to the Manulife Digital Tools and/or any and all of our online facilities. You must not allow anyone other than yourself access to these records. You agree to notify us immediately if you should suspect that your policy records have been accessed by an unauthorised person.

17. Intellectual Property

17.1. All intellectual property rights (including trademarks, service marks, trade names, company names, logos, icons, slogans, copyrights, domain names, patents, design rights, utility models, database rights, know­how, trade secrets and all other intellectual or industrial property rights including, where such rights are obtained or enhanced by registration, any registration of such rights (including the right to apply for such registrations) and applications therefor (including the right to claim priority)) relating to the Manulife Digital Tools or the Content are the property of, or licensed to, us. Other than as expressly set out in these Terms and except as permitted by applicable law, nothing contained on the Manulife Digital Tools should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of such intellectual property rights without our written express permission or the relevant licensors or owners of such intellectual property rights. Your use of such intellectual property rights, or any other content on the Manulife Digital Tools, except as provided under these Terms, is strictly prohibited.

18. Security Reminder

While there is inherent risk in transmission of information over the Internet, we have implemented measures to reduce these risks. In order to safeguard and protect your privacy, please use up-­to-­date internet browsers and operating systems which are updated with current security patches.

19. Third Party Rights

A person who has not agreed to be bound by these Terms shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of these Terms.
 

20. Confidentiality

20.1. You shall agree to keep confidential any and all Confidential Information disclosed to you by way of any Manulife Digital Tool and warrant not to disclose, copy, reproduce or disseminate the same to any person save as expressly authorised by Manulife, or where otherwise required by any lawful authority or under any applicable laws or regulation.

20.2. “Confidential Information” means any information which is furnished or disclosed by Manulife that: (a) is by its nature confidential or proprietary, (b) you know or ought reasonably to have known is confidential or proprietary information, including, but not limited to, Manulife customer information, information pertaining to Manulife and its officers, directors, agents, Affiliates, successors and assigns, and employees, Manulife’s business know-how, business processes, trade secrets and any personal data.  Confidential Information does not include information that: (i) was in the public domain at the time it was disclosed, (ii) becomes part of the public domain without breach of these Terms, (iii) is disclosed with the written approval of Manulife or (iv) is or was disclosed by a party without an obligation to keep such information confidential.

21. Personal Data Protection

We shall comply with the Singapore Personal Data Protection Act 2012 as well as Manulife’s Privacy Policy which may be found at this link [https://www.manulife.com.sg/en/personal-data-protection.html], and whose terms are deemed to have been incorporated into these Terms, in respect of the collection, use, and disclosure of your personal data. In particular, we will ensure that:

a) only fair, proper and legitimate means are employed to collect personal data;

b) personal data collected and used is accurate;

c) personal data is protected by appropriate safeguards and made available only to authorised persons; and

d) you have the right to access and request correction of your personal data.

21.1. The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing.

22. Governing Law and Jurisdiction

These terms are governed by the laws of Singapore and the parties agree to submit to the exclusive jurisdiction of the courts of Singapore.

23. Assignment

You agree that you will not assign or transfer, or purport to assign or transfer, any of your rights, interests or obligations under these Terms without our prior written consent.

24. Entire Agreement; Construction

25. These Terms (including all other terms and conditions referenced and/or incorporated herein) are the complete and exclusive statement of agreement between Manulife and you, and supersedes all prior proposals and all other agreements in respect of the subject matter of this agreement. If any provision of these Terms is illegal or unenforceable, such provision will be deleted from these Terms, and the remaining Terms will not be affected.