GenLink HONG KONG TERMS OF USE

We, MSIG Insurance (Hong Kong) Limited ("MSIG") can provide you, with a non-exclusive right to access and use GenLink Hong Kong.

We may unilaterally change these Terms and Conditions for the use of GenLink Hong Kong, from time to time by posting a notice of such change on this site. The customer is therefore responsible for reviewing the information posted online for notice of such changes.

Once you sign up with us for this service, your continued use of GenLink Hong Kong constitutes your continuing acceptance of these Terms and Conditions as may be modified from time to time.

The System

GenLink Hong Kong is the Hong Kong version of an interactive Internet based general insurance underwriting system, offered by MSIG, which provides facilities for various transactions within Hong Kong, like:

  1. Quotations
  2. New business acceptances
  3. Endorsements
  4. Cancellations
  5. Renewal issuance
  6. Policy Inquiries
  7. Policy Printing
  8. Claims Notification/Enquiries
  9. Cover Note
  10. E-Payment
as may be varied from time to time ("GenLink Hong Kong").

GenLink Hong Kong is currently only offered to selected valued customers of MSIG for the purpose of effecting certain mutually agreed general insurance transactions electronically between MSIG and its customers within Hong Kong.

Transactions will be effected through the Internet. You must therefore take up and maintain a subscription with a reputable local Internet Service Provider (ISP) of your choice in order to access GenLink Hong Kong. All fees levied by the ISP in respect of such service will be borne by the intermediary. We do not take on any liability or responsibility arising from any deficiency in the service provided by any ISP.

Proprietary Rights

You acknowledge and agree that as between you and MSIG, the copyright and all other intellectual property rights in the system including but not limited to the term ‘GenLink’ and/or ‘GenLink Hong Kong’, whether or not protected by registered trademark, patent or other device:

  1. are and will at all times remain MSIG’s exclusive property, and
  2. such exclusive rights will survive even though you may cease to be a GenLink Hong Kong user.
In particular but without limiting the generality of the above, any sort of replication of the GenLink Hong Kong user interface is an infringement if effected without MSIG’s prior written consent.

Limited License

You are granted a limited license to display, transmit and/or print Certificates of Insurance and / or certain other identified Policy documents viewed and/or issued through GenLink Hong Kong solely for or directly in connection with the course of business generated for MSIG in accordance with the terms and conditions of insurance cover referred to in any marketing or equivalent agreement that may exist between yourself and MSIG.

Except as otherwise necessary in the course of business generated for MSIG or as agreed, GenLink Hong Kong and the facilities (if applicable) we provide under these Terms and Conditions cannot be used to provide a service to any third party including any of your subsidiary, or related or associated companies.

We understand that in the course of generating business on behalf of MSIG, you may have to print or download a part of the data stored in GenLink Hong Kong. For security reasons, no printed copy or download of the entire facilities can be made by you but we will not unreasonably withhold our consent to any request you may make to print or download a justifiable portion of the facilities in order to aid the generation of business on behalf of MSIG.

Modifications

It is a breach of these Terms and Conditions for you to modify any Certificate of Insurance or other Policy documents issued through GenLink Hong Kong in any way without prior written consent given by us through a duly authorised representative.

If a Certificate of Insurance or other Policy document is modified or replaced with our written consent, it shall be your responsibility to promptly inform all parties who had received notice of the original document of such change.

Deemed Receipt

As between you and us, every transmission made through GenLink Hong Kong shall be deemed to be received and communicated once it is or should reasonably be accessible at the receiving party’s computer system.

As between MSIG and the Policyholder, no Certificate of Insurance or Policy document shall be binding on MSIG unless manually counter-signed by your duly authorised representative(s) whose particular(s) and sample signature(s) must be provided by you to MSIG before you begin to use GenLink Hong Kong.

Discrepancies

In the event of any discrepancy between a Certificate of Insurance or other Policy documents issued through GenLink Hong Kong at your terminal and the information contained in MSIG’s GenLink Hong Kong database transactions, the information contained in MSIG’s database will be deemed as correct.

System Security

You will be provided with a mutually agreed number of User IDs and Passwords to enable you and where applicable, designated members of your staff, to access GenLink Hong Kong for the sole purpose of processing the transactions, which we mutually agree, are to be affected through GenLink. You may only access your own or your own client database and no other.

The responsibility for ensuring the security of the GenLink Hong Kong system at your premises rests entirely with you and we will not be bound by any attempted delegation of that responsibility by you. You have to discharge this responsibility by means, which must include the following:

  1. each User ID and password must be kept confidential by you, and where applicable, the staff member to whom they are properly disclosed with our consent as evidenced by our written acceptance of properly completed MSIG sanction forms. User IDs and passwords must not be shared or otherwise disclosed to your clients, business contacts or any other persons and are not transferable
  2. all activation of the terminal is protected by password
  3. the password which we will initially issue to you must be changed immediately on your first sign-on. Subsequently, the system will prompt you to change your password at three monthly intervals.
  4. notify MSIG personnel immediately:
    (a) should any User ID or Password issued to you be compromised or
    (b) when a staff member assigned a User ID or Password, resigns or is otherwise no longer to have access to GenLink so that the access to GenLink through that particular User ID and Password can be terminated on time.
  5. selection, implementation and maintenance of appropriate security products, tools tests and procedures reasonably sufficient to ensure that the transactions and the records of transactions effected through GenLink Hong Kong are protected within your computer system, from any consequent improper access, loss, alteration or destruction.

Responsibility for Transaction

You agree to be responsible for all use of GenLink Hong Kong under the User ID and Password issued to you regardless of whether authorised by you or not. You shall indemnify and hold us, our third party service providers as well as our parent, related and associated companies/entities (collectively referred to as "Associates") harmless for any loss and/or damage and/or any liability and costs arising from any improper and/or unauthorised use of GenLink Hong Kong under your User ID and Password.

Assignment

The facilities are made available to you on the understanding that there will be no sub-licensing, assignment, transfer or disposal of the facilities to any other parties without our written approval.

For the purpose of this clause, a change in the controlling ownership of your capital stock from that prevailing as at the date you first accept these Terms and Conditions shall be deemed to be an assignment under this clause.

Reasonable Endeavours

Because of the nature of computer hardware, software and data, we cannot guarantee that the operation of GenLink Hong Kong and any other computer-related facilities that we may provide you (if applicable) will be uninterrupted or error free but we do agree to employ all reasonable, commercial measures within our means to correct any rectifiable errors found.

Exclusion of Implied Warranties

All liability that is not expressly accepted in these Terms and Conditions is excluded. Except as specifically stated in these Terms and Conditions, we on our behalf and on behalf of our Associates disclaim all other warranties whether statutory or otherwise that might otherwise be implied, howsoever arising, whether in contract tort, negligence or otherwise.

In particular but without prejudice to the generality of the above, we and our Associates do not warrant that GenLink Hong Kong and/or any other computer related facility that we provide:
(a) is subject to any minimum standard whether in terms of type, scope or extent or otherwise and we expressly reserve the right to effect changes which may represent a regression from prevailing standards;
(b) will meet with your requirements or that their use or operation will be uninterrupted or error free.

You assume the risk of and are responsible for taking appropriate precautions against damage to your operations or other losses, which could be caused by defects, interruptions or malfunctions in GenLink Hong Kong and /or any other computer related facility we may provide.

Good Faith and Access

It is understood that the doctrine of utmost good faith shall govern these Terms and Conditions and our mutual business dealings, and that both parties will work together to correct errors and resolve any difficulties that may arise.

It is understood that you will allow MSIG representatives free and full access to the location and to all documents and records relating to these Terms and Conditions.

Incidental and Consequential Damages

Neither party will be liable to the other for any special, incidental or consequential damages including but not limited to loss of profit arising from or as a result of any failure, delay, omission or error in the electronic transmission or receipt of any transaction sent pursuant to these Terms and Conditions.

Modification

These Terms and Conditions may not be contradicted, modified or supplemented except by a written agreement signed by both of us.

Applicable Law and Jurisdiction

These Terms and Conditions will be governed and construed in accordance with the laws of Republic of Hong Kong and both of us submit to the exclusive jurisdiction of the courts of Hong Kong.

Confidentiality

You are aware that in connection with these Terms and Conditions, you may gain access to and be entrusted with MSIG’s confidential information. You agree for yourself, your employees and representatives:

  1. to treat as secret and confidential all such information, and
  2. not disclose such information to any other party other than as required by law or as expressly agreed by us in writing.

Confidential Information of MSIG does not include:

  1. information already known to you or any of its employees at the date you accept these Terms and Conditions, which was obtained without breach of confidentiality
  2. information which is or becomes part of the public domain through no fault on your part

Enforceability by Third Parties

You agree that our Associates and Third party service providers shall have the right to enforce the relevant provisions of the "Responsibility for Transaction" and "Exclusion of Implied Warranties" provisions of these Terms and Conditions as if they had directly entered into a contract with you on such terms.

You further agree that except to the extent necessary for our Associates and Third Party service providers to exercise their rights under the two provisions identified above, The Contract (Rights of Third Parties) Act 2001 or any statutory modification or revision of that Act, shall not apply to these Terms and Conditions.

Important Notes applicable to all the protection plans underwritten by MSIG Insurance (Hong Kong) Limited

All the protection plans are underwritten by MSIG Insurance (Hong Kong) Limited ("MSIG"). MSIG will be responsible for handling all protection and claims issues. Exclusions and Excesses apply to certain circumstances. This promotional advertisement is for reference only, and is not a contract of insurance. Please refer to the policy for exclusion, terms and conditions and details of the plan.

Terms and Conditions

  1. MSIG reserves the right on the final approval of the insurance plan.
  2. MSIG reserves the right to amend the above terms and conditions without prior notice in the event of disputes, the decision of MSIG shall be final and conclusive.

Refund Policy / Cancellation

Please refer to the policy wording for the details of policy cancellation. For enquiries, please call MSIG hotline on (852) 3122 6922 (Mon - Fri, 9am - 5.30pm) or email to hk_hotline@hk.msig-asia.com

Delivery Policy

Policy can be downloaded in GenLink upon the application is accepted by MSIG.

Disclaimer

MSIG has taken reasonable precautions to ensure that the information contained on this web site is current, accurate and complete at the date of publication. The information contained on this site is provided for information only, and does not constitute an offer to sell. No representations or warranties are made (express or implied) as to the reliability, accuracy or completeness of such information.


Back