Last Revision Date: 1st January 2020
Please read the terms below carefully.
If you are under 18 years of age, you may only use this Application with the consent of and under the supervision of your parent or legal guardian who shall be responsible for your use of this Application.
1. Introduction to Our Application
GETGREAT by Great Eastern ("Application”) is provided by Great Eastern. This Application is a mobile application which provides dedicated personal wellness coaching using instant messaging and rewards to encourage you to live a healthy lifestyle. This Application is accessible to both Great Eastern customers and non-Great Eastern customers and is not linked to any Great Eastern products. To use this Application, you must register an account with this Application by providing an email address and a password.
Any member of the general public may download the Application and sign up for an account.
3. Using Our Application
3.1 The information and materials provided on this Application are general in nature. Great Eastern does not provide professional financial, medical, diagnosis or treatment advice. The information you may receive through this Application is not a substitute for the advice of a medical professional, and should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. If you require medical advice or services, you should consult a medical professional.
3.2 While Great Eastern has taken reasonable care in providing such information and materials, they are not specific to your investment and/or wellness objectives, financial and/or medical situation, or any particular needs. No person should rely on nor act on the contents of any of the information, recommendations, products, or services through this Application without first obtaining advice from a qualified health professional.
3.3 The information and materials contained in this Application are provided on an "as is" and "as-available" basis without representation and/or warranty of any kind, either express or implied. In particular, no warranty or responsibility is assumed by Great Eastern and our related or holding companies regarding non-infringement, security, accuracy, completeness, adequacy, reasonableness, fitness for a purpose, or freedom from computer viruses in connection with the information and materials provided. Great Eastern and its related corporations do not accept any liability for any loss, damage, cost or other expense, whether wholly or partially, directly or indirectly, arising from any error, inaccuracy, or omission in relation to this Application to the extent that such liability is not excluded by law.
4.1 By accessing and/or using this Application, you agree and consent to Great Eastern and its related corporations (collectively, the “Companies”), as well as the Companies’ authorised service providers and relevant third parties, collecting, using and/or disclosing your personal data for purposes reasonably required by the Companies to administer and/or manage your Account in this Application (such as awarding you with the Points which you have earned from participating in the challenges) and such other purposes as described in Great Eastern’s Personal Data Protection Notice (collectively, the “Purposes”) which is accessible from Great Eastern’s website, which you confirm you have read and understood.
4.2 Marketing Consent
By accessing the Application, you understand and consent that, We* want to ensure that you fully enjoy our services and products as We update you on relevant news, promotions, activities and advice. We* will keep in touch with you through post, digital platforms (including social media), email, phone number-based messaging^ and voice calls.
Your privacy is of utmost importance to us* and you may withdraw your consent via Great Eastern’s website at any time.
* In this clause [4.2], “We/us” refers to Great Eastern, our related corporations, respective representatives and agents. For more details, please refer to the Personal Data Protection Notice on Great Eastern’s website.
^ Examples include SMS/MMS, WhatsApp, WeChat.
5. Links to Third Party Websites
This Application may contain links to other third party websites owned and/or operated by third party(ies) who are not related or affiliated to Great Eastern (“Third Party Websites”). The Third Party Websites are not under the control and/or supervision of Great Eastern. By providing hyperlinks or connection to third parties' services/products/contents via this Application, Great Eastern is not responsible for the contents, and shall not be deemed to endorse, invite, recommend, approve, guarantee, or introduce any third parties or their services/products/contents, or have any form of cooperation with such third parties and websites. Great Eastern is not a party to any contractual arrangements entered into between you and the third party provider of services/products/contents unless otherwise expressly specified or agreed to by Great Eastern. Great Eastern shall have no obligations or liabilities whatsoever in relation to the offer(s), goods and/or service(s) (including, without limitation, their quality and supply) provided by third parties.
6. Performance of this Application
6.1 Great Eastern makes no guarantee as to the reliability or other performance of this Application. The performance of this Application depends on various factors, including the functions, capacity and configuration of your mobile phones or access device, the speed of your internet connection, and the number of users assessing the systems which support this Application.
6.2 Great Eastern will use reasonable endeavours to generally make this Application available during its normal business hours. However, the availability of this Application depends on various third party service providers, and accordingly, Great Eastern do not represent, warrant or guarantee that:
(a) your use of this Application will be continuous, uninterrupted, secure or error-free;
(b) there will be no occurrence of network connection difficulties.
6.3 You acknowledge that this Application may not be available for use from time to time, and that you may be disconnected from your use of this Application at any time for any reason, including if:
(a) any network connection difficulties occur;
(b) the systems providing those services are unavailable for any reason (including system maintenance);
(d) Great Eastern decides, in its sole discretion to suspend, block or terminate your access to this Application for any reason.
6.4 The information available through this Application is subject to updates from time to time. While Great Eastern aims to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy due to the nature of the Internet. Accordingly, Great Eastern does not represent or warrant that this Application will be available at all times and that access will not be interrupted, that any defects will be corrected, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your mobile phones or access device. Great Eastern is not liable for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages and transactions you send or receive. You have the sole responsibility for adequate protection of mobile phones/access device and backup of data by taking sensible and prudent actions.
7. Registration, Termination and Account Security
7.1 When using this Application, we expect you to help us maintain the security of your Account. You acknowledge and agree:
(a) to set up only one (1) account for your personal use as setting up multiple accounts (whether using false personas or otherwise) is not allowed.
(b) that each account may only be linked to one activity tracker, and that sharing of activity trackers across multiple accounts is not allowed.
(c) you will not invent a false persona, but will use your real identity at all times on this Application.
(d) you will not impersonate another person or entity, or otherwise misrepresent your affiliation with another person or entity.
(e) to the fullest extent permitted under Malaysian law, you shall keep all information obtained through this Application secure and confidential.
(f) you are solely responsible for ensuring that your Account is only used by you, and that you treat your user IDs, authorisation codes or passwords with extreme care. You acknowledge and agree that you are fully informed of the protections and risks associated with using this Application. You agree that the security procedures, if any, to be followed by you in connection with this Application provide to you a commercially reasonable degree of protection in light of the circumstances of use of this Application. If Great Eastern receives instructions that appear on their face to have been given by you via this Application, you understand and agree that Great Eastern cannot determine the identity of the actual sender of such instructions and that Great Eastern shall be entitled to conclusively presume that such instructions have been sent by you. Further, Great Eastern is not liable for any loss, damage, cost or other expense incurred by you due to any third party using your account or password as a result of your failure to keep your account information private, secure, and confidential.
(g) if you invent a false persona or misrepresent your real identity we reserve the right to disable, delete, or suspend your account.
(h) if we disable, delete, or suspend your account, you agree you will not create another account without our prior written permission.
7.2 Great Eastern reserves the right, at its sole discretion, to do any of the following, at any time, without notice:
(b) determine, impose, and vary from time to time the scope and/or any restrictions on the use of this Application to be made available;
(c) suspend or terminate operation of or access to this Application, or any portion of this Application, for any reason;
(d) expand, add, modify, reduce, remove, or change functionalities in this Application, or any portion of this Application;
(e) interrupt the operation of this Application, or any portion of this Application, as necessary to perform maintenance, error correction, or other changes; and
(f) purge your data from our Application at any time without notice, and you agree that we will not be liable for any loss alleged to result from purging, deletion, or failure to store your data.
7.3 Please note that by posting any information or content onto this Application or through instant messaging, you acknowledge that you are allowing Great Eastern and its related corporations to access and use that information, and to associate it with you. Please also take note that you should not post any information (be it texts, graphics, drawings, images, photographs, audio or video materials) that:
(a) could disable, overburden, or impair the proper working of this Application, including uploading viruses or other malicious code;
(b) may be unlawful, fraudulent, violent, abusive, obscene, profane, hateful, offensive, racist, discriminatory or otherwise objectionable or unreasonable;
(c) threaten, defame, bully, intimidate, or harass any person or organization or Great Eastern generally;
(d) are solicitations, advertisements, endorsements or misrepresentation of any kind, or unauthorized commercial communications (such as spam);
(e) infringe upon any entities' privacy and rights including intellectual property right or proprietary right of any person or organization;
(f) are off-topic; and
(g) contain anything else Great Eastern deems to be inappropriate.
You acknowledge and agree that Great Eastern shall have the right to modify, remove, or delete any posted data that in Great Eastern's sole opinion may be in breach of this term.
7.4 Great Eastern requires you to take the necessary precautionary measures to ensure that no unauthorised access is given to your Account. Therefore, you must not allow anyone other than yourself access to this Application. You must notify us immediately by email to email@example.com
if you suspect that your Account had been accessed by an unauthorised person.
7.5 Great Eastern reserves the right to suspend or terminate your Account at its sole discretion, including but not limited to upon the occurrence of one or more of the following:
(b) you abuse the Application in any manner whatsoever; or
(c) you commit any fraud.
7.6 Update & change of personal data
(a) The email used to create your account may only be changed or updated by creating a new account and deleting the previous account.
(b) Your account will be automatically:
i. suspended due to inactivity if you do not log in at least once within 18 months of your last login.
ii. deleted due to inactivity if you do not log in at least once within 30 months of your last login.
(c) Any changes to your account including but not limited to your mobile number will only be reflected in the Application and not in your Great Eastern policies/certificates.
8 Rewards, Challenges, XPs & STARS
8.1 When using this Application, you may be asked to enter various health, fitness, nutritional, biometric and/or other relevant data, including but not limited to health metrics, fitness activities, sleep data, heart rate data, location data, steps taken, weight, BMI, calories burned (“Data”). We expect the Data you enter in this Application to be accurate and true to the best of your knowledge, belief and ability. You further acknowledge and agree that:
(a) You will not knowingly falsify any Data.
(b) You agree that if you have falsified any Data we shall have the right to, at our sole discretion, take any of the following steps:
i. modify, amend, update, or delete the falsified records;
ii. cancel any points earned through such falsified means; and/or
iii. suspend, disable, or delete your Account without prior notice to you.
8.2 Users are given experience points (XPs) upon completion of activities within the Application.
8.3 Users have to collect the required amount of XPs to level up which unlocks more features of the Application as they progress.
8.4 STARS are reset on the 1st of every month. Users who register 7 days or fewer before the 1st of the month will have their points reset on the 1st of the following month.
8.5 Upon the redemption of STARS, users will be notified via email within 1 working day and/or directed to the UPGREAT Platform to access therewards which can be given in the form of UPGREAT points or e-voucher.
8.6 Great Eastern may vary the terms and conditions of challenges, XPs and STARS in the Application without notice, or discontinue or withdraw any challenges at any time without any notice or liability to any party.
9 Limitation of Liability
9.1 By accessing or using this Application, you expressly agree that such access or use is at your own risk. Great Eastern assumes no responsibility and shall not be held liable for any loss, damage, cost or other expenses which you may incur as a result of any information or materials provided on this Application and/or your access to, or the use of, this Application.
9.2 You acknowledge that you are fully aware and expressly agree that the use of this Application is subject to having all your relevant activities hereof monitored and recorded by Great Eastern. These activities include your usage behaviour of the Application, Data synced, entered or logged with this Application, links shared and location (for location, where permission is given by you). Emails and other communication sent to Great Eastern and/or this Application over the Internet cannot be guaranteed to be completely secure. Access to and use of your email address is at your own risk and subject to any terms and conditions applicable to such access/use. Great Eastern is not responsible for any damages incurred by you if you send an email/message to Great Eastern or if Great Eastern sends an email/message to you at your request, over the Internet.
11 Intellectual Property
All copyright and other intellectual property rights in this Application are proprietary to Great Eastern and its licensors. You shall not (and shall not attempt to):
(a) use, copy, reproduce, altered, adapt, broadcast, modify, stored in a retrieval system, create derivative works or use in any other way for public or commercial purposes any part of this Application;
(b) modify, reproduce, distribute, translate, transmit or tamper with any part of this Application;
(c) create derivate works of or from any part of this Application;
(d) permit or assist any person to engage in any act described in paragraphs 11(a) to -11(c) above.
12 Ownership of Information
13 Personal Data Protection
Any personal information submitted to Great Eastern via this Application will be subject to Great Eastern Personal Data Protection Notice.
14 Third party rights
15 Inconsistency in wordings
16 No Waiver
18 Governing Law and Jurisdiction
The above Term of Use shall be governed and construed in all respects in accordance with the laws of Malaysia. You and Great Eastern agree to submit to the exclusive jurisdiction of the Malaysian courts.
19 Contact Information
19.1 You may contact us at:
Menara Great Eastern
303 Jalan Ampang
50450 Kuala Lumpur
19.2 Any notice that we intend to give to you may be carried out by posting the relevant notice on this Application and/or by sending any such notice to any contact information you may have provided to us. You are deemed to have received notice of the same upon us posting the relevant notice on this Application and/or by sending any such notice to any contact information you may have provided us with.
20 About us
We are known as Great Eastern Life Assurance (Malaysia) Berhad. Our email address is as shown in this Application. Our country of domicile is Malaysia. You can contact our customer service at the aforementioned email address.
Unless the context otherwise requires, the following words shall have the following meanings:
“Account” means your account registered with this Application.
“Content” or “Contents” means any data and/or information that is available, accessible or stored in this Application in an electronic form, including, without limitation, any information, advertisements, documents, text, files, images, sounds, moving images and videos.
“STARS” refers to the reward currency that Great Eastern may at its sole and absolute discretion permit you to earn when you participate in any challenges organised by Great Eastern and published in this Application, or for other initiatives or under any other program devised and/or managed by Great Eastern from time to time.
“XPs” refers to the Experience points within this application that allows users to accumulate and level up within this Application that Great Eastern may at its sole and absolute discretion permit you to earn when you participate in any challenges organised by Great Eastern and published in this Application, or for other initiatives or under any other program devised and/or managed by Great Eastern from time to time
“Force Majeure Event” refers to cause affecting the performance of Great Eastern’s obligations under this Agreement arising from acts, events, omissions or non-events beyond Great Eastern’s reasonable control including, but not limited to, restrictions of law, regulations, orders or other governmental directives, labour disputes, acts of God, third-party mechanical or other equipment breakdowns, embargoes fire, haze, explosions, fibre optic cable cuts, interruption or failure of telecommunication or digital transmission links, Internet failures or delays, cyber / malware attacks on information or information systems, storms or other similar events.
“Services” means any of the Internet-based, mobile based, interactive information services, software, content, or interactive tools that may be provided by Great Eastern via this Application.
21. Withdrawal of Marketing Consent
22. Force Majeure
Great Eastern shall not be liable for or deemed to be in breach of any provisions of this Agreement by reason of any delay in performing, or any failure to perform any of its obligations under this Agreement (including allowing you to access and use the Application, or offering, providing and making available any Services to you) if the delay or failure was due to a Force Majeure Event.