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Terms of Use (UPGREAT)

Last updated : 1 January 2020
 
Important
 
Please read the terms below carefully.
 
The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute an agreement between you and Great Eastern Life Assurance (Malaysia) Berhad (“Great Eastern” or “we” or “us” or “our”). By accessing and/or using this Application (as defined below), you hereby expressly acknowledge and agree to be bound by the Terms of Use, including any future amendments, additions, replacements and modifications hereto as may from time to time be made by Great Eastern. If you do not agree to any of these Terms of Use, please do not access or continue using this Application.
 
In addition to these Terms of Use, you may be required to agree to other terms and conditions in respect of particular Contents or Services we may make available on or via this Application from time to time. In the event and to the extent only of any conflict or inconsistency between the terms and conditions of any particular Content or Service and these Terms of Use, the terms and conditions for such Content and/or Service will prevail over these Terms of Use.
 
Great Eastern may amend these Terms of Use from time to time, without giving any notice to you and without giving any reason for doing so by posting an updated version of the Terms of Use on the Application. Any changes and amendments shall be effective immediately upon such changes being posted on Great Eastern’s UPGREAT Terms of Use website or on such date as may be otherwise stated. It is your responsibility to check them periodically for any changes. If you do not agree to the updated Terms of Use, you must immediately cease using the Application.
 
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)         Definitions
 
Unless the context otherwise requires, the following words shall have the following meanings:
 
“Account” means your account registered with the Application.
 
“Application” is defined in paragraph 2.
 
“Basic user” means a user or Member who has signed up for an UPGREAT account and has not verified themselves as a Great Eastern’s Policyholder.
 
 “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.
 
“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.
 
GETGREAT is a Great Eastern health & wellness mobile application that rewards users for staying fit and active by achieving steps or by completing wellness activities.
 
“Main user” means a user or Member who has signed up for an UPGREAT account and has verified themselves as a Great Eastern’s Policyholder.
 
“Member” is an individual who has a valid Account.
 
“Points” means UPGREAT points that Great Eastern may at its sole and absolute discretion permit you to earn when you participate in any of the challenges organised by Great Eastern and published in the Application, or for other initiatives or under any other program devised and/or managed by Great Eastern from time to time.
 
“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 the Application.
 
 
2)         Introduction to Our Application
 
The Rewards Programme is provided by Great Eastern via its mobile application aimed at driving customer engagement (the "Application").  This Application provides easy access to redeem vouchers, rewards and privileges. The Application is accessible to both Great Eastern customers and non-Great Eastern customers. To use this Application, you must register an account with the Application by providing a valid email address and a password (hereinafter referred to as UPGREAT members “Members”).
 
 
3)         Eligibility
 
Any member of the general public may download the Application and sign up for an Account.
 
By signing up for an Account with Great Eastern, you warrant, represent and agree that you are and will at all times, be eligible to access and use the Application. You understand that you are required to satisfy all the criteria set forth in these Terms of Use, as may be amended from time to time by Great Eastern at its sole and absolute discretion. You accept that you will have to successfully pass all identification checks, due diligence and other checks, screenings and verifications (including for anti-fraud, anti-terrorism, anti-money laundering and countering financing of terrorism purposes) which Great Eastern or any relevant third party in their sole and absolute discretion consider necessary for the provision of Services to you under this Application.
 
 
4)         Using Our Application
 
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. 
 
 
5)         Consent
 
5.1            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 which is accessible from Great Eastern’s website, which you confirm you have read and understood.
 
5.2            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 paragraph 5.2 only, “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
 
 
6)         Third party Links
               
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. Such third party products and/or services, and any act or omission of such third parties, shall be the sole responsibility of the relevant third party, and you must and may only pursue any claim, dispute or remedy in respect thereof with such third party. 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. 
 
 
7)         Performance of the Application
 
7.1            Great Eastern makes no guarantee as to the reliability or other performance of the Application. The performance of the 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 the Application.
 
7.2            Great Eastern will use reasonable endeavours to generally make the Application available during its normal business hours. However, the availability of the Application depends on various third party service providers, and accordingly, Great Eastern does not represent, warrant or guarantee that:
a) your use of the Application will be continuous, uninterrupted, secure or error-free;
b) there will be no occurrence of network connection difficulties.
           
7.3            You acknowledge and accept that the Application is provided on an “as in, as available” basis and it may not be available for use from time to time, and that you may be disconnected from your use of the 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);
c) you have breached any of these Terms of Use; or
d) Great Eastern decides, in its sole discretion to suspend, block or terminate your access to the Application for any reason.
 
7.4            The information available through the 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.
 
 
8)         Registration and Account Security
 
8.1            When using the Application, we expect you to help us maintain the security of your Account. You warrant, represent and agree:
a) that the Account and your use of any of the services in relation to the Account is for your own sole personal use and you will not authorise others to use your identity or user status, or assign or otherwise transfer your user account to any other person or entity.
b) to set up only one (1) account for your personal use as setting up multiple accounts is prohibited.
c) you will not invent a false persona, but will use your real identity at all times on the Application.
d) you will not impersonate another person or entity, or otherwise misrepresent your affiliation with another person or entity.
e) if you invent a false persona or misrepresent your real identity, we reserve the right to disable, delete, or suspend your account without prior notice.
f) to the fullest extent permitted under Malaysian law, you shall keep all information obtained through this Application secure and confidential.
g) you are solely responsible for maintaining the confidentiality of the information you hold for your Account, including your password, and for any activity that occurs under or through your Account, notwithstanding that your Account information may have been used by another person without your knowledge or authority. 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 howsoever caused.
h) you will not take any action to disable any function provided by, and/or agreeing to any settings of, your mobile device that would otherwise result in the security of your Account being compromised.
i) if we disable, delete, or suspend your account, you agree you will not create another account without our prior written permission.
 
8.2            You are 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.
 
8.3            Great Eastern reserves the right, at its sole discretion, to do any of the following, at any time, without notice:
a) amend, modify, add, delete, or revise in any way any information of this Application and/or these Terms of Use;
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 the Application, or any portion of the Application, for any reason;
d) expand, add, modify, reduce, remove, or change functionalities in the Application, or any portion of the Application;
e) interrupt the operation of the Application, or any portion of the 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.
 
8.4            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 the 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.
 
8.5            Great Eastern requires you to take the necessary precautionary measures to ensure that no unauthorised access is given to your Account. You are responsible for keeping your account secure and you must not allow anyone other than yourself access to your Account. You must notify us immediately by email to upgreat-my@greateasternlife.com if you suspect that your Account had been accessed by an unauthorised person, or that there has been fraudulent usage of your Account, or that your Account or phone’s security has been compromised and you would like to report this or request a suspension of your Account.
 
8.6            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, thereby maintaining only one valid Account with the Application.
b) Your account will be automatically:
- suspended due to inactivity if you do not log in at least once within 18 months of your last login.
- 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.
 
8.7            Accuracy of Personal Data
 
When using the Application, you undertake that the data you key- in the Application to be accurate and true to the best of your 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 reserve the right to:
                i. modify, amend, update, or delete the falsified records;
                ii. cancel any points/e-voucher earned through such means; and
                iii. suspend, disable, or delete your Account in the case of repeated or egregious activity.
 
 
9)         Promotions and Vouchers
 
9.1            Great Eastern may run promotions for selected group(s) of users withthird party vendors from time to time. In addition to the terms and conditions of this Agreement, each promotion is subject to the terms and conditions of the relevant promotion. In the event of any conflict between the terms and conditions of the relevant promotion and this Agreement, the terms and conditions of the relevant promotion shall prevail only in relation to that specific conflict.
 
9.2            Members are responsible for the usage of all e-voucher(s) found in their “My Voucher” tab before the expiry date, failing which, the e-voucher shall be null and void and removed from the Member’s “My Voucher” tab and such e-vouchers shall not be replaced or extended.
 
 
10)       Instant Offers
 
10.1         Members acknowledge and accept that the use of the e-voucher(s) under this Clause 10 is subject to the terms and conditions imposed by the participating Merchants providing the relevant reward.
 
10.2         Instant offers e-voucher(s) in the form of digital vouchers; promo codes or barcodes:
a) are denominated in Malaysian Ringgit, unless otherwise stated;
b) must be used before the expiry date, failing which, the e-voucher shall be null and void and removed from the list and shall not be replaced or extended.
c) where the e-voucher is in the form of a promo code or barcode, it shall not be shared or disclosed to other person(s).
d) where prior reservations are required for the use of such e-voucher(s) with a Merchant, the Member shall be responsible for making such prior reservations and paying the ancillary cost (if any) associated with the use of such e-voucher(s).
 
10.3         E-vouchers are not exchangeable for cash or other e-vouchers.
 
10.4         Members who have redeemed physical voucher(s), item(s) or prize(s) are not allowed to sell or request for an exchange.
 
10.5         If the value of the goods and/or services purchased by the Member using the e-voucher exceeds the value stated therein, the Member shall be responsible for paying the differences to the Merchant.
 
10.6         E-voucher(s) that the Member is entitled to can be found in Member’s “My Voucher” tab and may be transferable as gifts (unless otherwise provided for) to third parties. However, the recipient must also be a Member in order to receive the e-voucher as a gift.
 
 
11)       UPGREAT Points 
 
11.1         Members can earn UPGREAT points via the following channels
a) Selected consumer promotions from Great Eastern
b) Participate in GETGREAT activities
c) Other  avenues that may be made available to Members from time to time
 
11.2         Selected Members may also purchase UPGREAT points via the Top-Up Services.
 
11.3         100 UPGREAT points (G100) is equivalent to RM1 (Malaysian Ringgit); 1 GETGREAT star is equivalent 1 UPGREAT point.
 
11.4         UPGREAT points have no cash or monetary value and cannot be encashed or redeemed for cash in any other form.  
 
11.5         Great Eastern may from time to time, amend the UPGREAT points conversion rate without prior notice to the Members.
 
11.6         If there is any mistake or error in the crediting or deduction of UPGREAT points, Great Eastern reserves the rights to accurately credit or deduct the UPGREAT points from the Member’s account.
 
11.7         Members may use their UPGREAT points to redeem for e-vouchers from the points catalogue list through the Application and redemption will be made at the participating Merchant’s premises, websites or location as stated under “participating outlet” within the application.
 
11.8         To redeem an e-voucher(s) from the points catalogue, the Member must have in his or her account more than or at least the same amount of UPGREAT points as the amount of UPGREAT points required for the redemption of such e-voucher(s). Upon successful redemption, the corresponding amount of UPGREAT points will be deducted from the Member’s account.
 
11.9         Great Eastern may in its sole discretion, apply different tiers of UPGREAT points required for the redemption of each e-voucher. For example, the UPGREAT points required for a Main user may differ from those required for a Basic user, or such other tiers or types of identification as may be implemented from time to time.
 
11.10     Great Eastern may at its discretion, restrict the redemption of certain e-voucher(s) to selected Members.
 
11.11     E-voucher(s) may only be redeemed in full with UPGREAT points, partial redemptions are not allowed.
 
11.12     The list of available e-voucher(s) in the points catalogue and the number of UPGREAT points required for the redemption of the respective e-voucher shall be determined by Great Eastern and may be adjusted from time to time.
 
11.13     All e-voucher(s) redeemed using UPGREAT points are non-refundable and non-returnable. However, if there is a mistake or error in the amount of UPGREAT points required for the redemption, Great Eastern reserves the right to cancel the Member’s redemption request or process the Member’s redemption request and adjust the correct amount of UPGREAT points required for the redemption from the Member’s account.
 
11.14     All e-vouchers are subjected to availability and on a first-come-first served basis. In the event that the requested e-voucher is out of stock or unavailable for whatsoever reason, Great Eastern reserves the right to substitute the e-voucher with a voucher of similar value or remove the e-voucher from the catalogue.
 
11.15     All e-voucher(s) once redeemed (whether utilised or not) cannot be cancelled, returned, replaced, refunded or exchanged for cash, UPGREAT points or any other items. Any UPGREAT points used for successful redemption of an e-voucher shall not be reinstated under any other circumstances.
 
11.16     Members may use their UPGREAT points to participate in campaigns or contests (as and when applicable) available on the Application. The participation of Members in each campaign or contest shall be subjected to the specific terms and conditions governing such campaign or contest.
 
 
12)       Limitation of Liability
 
12.1         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 and its Services.
 
12.2         You acknowledge that you are fully aware and expressly agree that the use of this Application and Services are subject to having all your relevant activities hereof monitored and recorded by Great Eastern. These activities include data synced or logged with the Application and location (where permission is given by you). Emails and other communication sent to Great Eastern and/or the 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. 
 
 
13)       Indemnity
 
You agree to indemnify and keep indemnified Great Eastern, its related companies and any holding companies, officers, directors, members, employees and agents from and against any and all damages, losses, liabilities, costs and expenses (including full legal costs on a solicitor-client basis) arising from or in connection with: (i) your access to or use or misuse of this Application and Services; (ii) any other party’s access to or use of this Application using your account and/or password; (iii) your violation of any rights of any third party based on your use or misuse of the Application and Services; or (iv) your violation or breach of any of these Terms of Use or any applicable law or regulation; (iv) any other party’s breach of any of these Terms of Use where such party was able to access or use the Application using your Account and/or password.
 
 
14)       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 the Application;
b) modify, reproduce, distribute, translate, transmit or tamper with any part of the Application;
c) create derivate works of or from any part of the Application;
d) permit or assist any person to engage in any act described in paragraphs 16(a) to 16(c) above.
 
 
15)       Ownership of Information
 
Any information (including data, questions, comments or suggestions but excluding personal data) that you transmit to us via this Application will be treated as non-confidential and non-proprietary and will become our property. Such information may be used by us for any purpose, including, but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. Great Eastern may use any ideas, concepts, know-how or techniques contained in any communication you send to us via this Application for any purpose whatsoever, including developing and marketing products using such information. You therefore waive all applicable rights you may have in any information (other than personal data) you transmit to us via this Application for the purposes of this section of the Terms of Use.
 
 
16)       Personal Data Protection 
 
Any personal information submitted to Great Eastern via this Application will be subject to Great Eastern’s Personal Data Protection Notice available on Great Eastern’s website.
 
 
17)       Third party rights
 
A person who has not agreed to be bound by the Terms of Use shall have no right to enforce any of the terms herein.
 
 
18)       Inconsistency in wordings
 
In the event of any inconsistency and/or omission between the English language and other language versions of these Terms of Use, the English language version shall prevail. 
 
 
19)       No Waiver
 
The delay or failure of Great Eastern to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision.
 
 
20)       Severability
 
If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be ineffective to the extent of such unenforceability or invalidity, without affecting the remaining provisions hereof.
 
 
21)       Governing Law and Jurisdiction
 
The above Terms 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.
 
 
22)      Contact Information
 
22.1         You may contact us at:
 
Address:
Customer Service

Menara Great Eastern
303 Jalan Ampang
50450 Kuala Lumpur
 
22.2         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.
 
23)       About us 
 
We are known as Great Eastern Life Assurance (Malaysia) Berhad. Our email address is as shown in the Application. Our country of domicile is Malaysia. You can contact our customer service at the aforementioned email address.
 
 
24)       Withdrawal of Marketing Consent
 
If you wish to withdraw your consent for receiving updates and rewards from Great Eastern about its products and services, please complete the withdrawal of marketing consent form available at https://www.greateasternlife.com/my/en/personal-insurance/get-help/customer-service.html.
 
 
25)       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.
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