PARTIES

BETWEEN

• Insurancemart Pte Ltd of 28 Senang Cres, #05-12, Singapore 416601 (“InsuranceMart”)

AND

• (“the Member”)

RECITAL

WHEREAS

• InsuranceMart is the owner of www.insurancemart.com.sg ("the Website"), which aggregates information about various insurance policies, and also provides incentives for Members to
• InsuranceMart is willing to grant the Member the right to use the Website upon the terms and conditions below.

FULL TERMS AND CONDITIONS TO PREVAIL
In the event of any dispute, the terms of this Agreement shall prevail over the text found to the right of this Agreement.

SERVICES
In consideration of the Member entering into and abiding by this Agreement, InsuranceMart grants the Member a revocable license to view, search for and compare information on insurance policies listed on the Website.

REFERRAL AND REWARD PROGRAM
In consideration of the Member opening an account on the Website and successfully referring other Members who enter into an agreement for an insurance policy listed on the Website, InsuranceMart shall award the Member with referral points.

• The points may be exchanged for rewards at the stated rate on the Website.
• The number of points per insurance policy purchased, the types of rewards available, the conversion rate of points into rewards and the validity period of the points accrued by the Member shall be determined from time to time at the sole discretion of InsuranceMart.

COLLECTION OF PERSONAL DATA
The Member consents to the following personal data being collected and/or disclosed for the following purposes:

• Name: To be disclosed to an insurer selected by the Member, for the purpose of completing an application to purchase an insurance policy and / or seeking a loan offer
• Date of birth: To be disclosed to an insurer selected by the Member, for the purpose of completing an application to purchase an insurance policy
• Pre-existing medical condition(s): To be disclosed to an insurer selected by the Member, for the purpose of completing an application to purchase an insurance policy
• Email address: To send email updates on the services provided by the Website, provided that the Member chooses to received such email updates. Loan quotes can be sent to the provided email address should a user submit the request through the site.
• Mobile phone number: To contact the Member to gauge interest in insurance policies or loan offers which the Member has indicated interest in, or interest in insurance policies which the Member has already purchased
• Physical address: To send reward(s) to the Member, where the Member has chosen to convert accumulated referral points into reward(s)

MEMBER'S REPRESENTATIONS AND WARRANTIES
The Member represents and warrants that

• The information provided by the Member in the process of creating an account is true and accurate to the Member's knowledge, information and belief.
• The Member shall not allow any third party(ies) to use the account created by the Member.
• The Member is not an officer, employees, agent and/or representative of any of the insurance company(ies) which has provided information regarding its policies, services and/or products on the Website.
• The Member will not use the information found on the Website for any purpose that is illegal or contrary to the governing law of this agreement.

ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties hereto with respect of the subject matter hereof and there are no representations, warranties, understandings or agreements relative hereto by InsuranceMart which are not fully expressed herein.

VARIATION
InsuranceMart reserves the right, at its sole discretion, to vary, amend or modify the terms of this agreement, subject to providing 14 days notice in writing to the Member.

NO WAIVER
No waiver of a breach of the terms of this Agreement shall be effective unless made in writing, and no such waiver shall be deemed a waiver of any other existing or subsequent breach. A failure by InsuranceMart to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times. Waiver of any right arising from a breach or non-performance of this Agreement or arising upon default under this Agreement shall be in writing and signed by InsuranceMart. A Party is not entitled to rely on a delay in the exercise or non-exercise of a right arising from a breach or non-performance of this Agreement or on a default under this Agreement as constituting a waiver of that right.

SEVERABILITY
If any terms or provision in this Agreement shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to for many part of this Agreement, but the validity and enforceability of the remainder of this Agreement shall not be affected.

ASSIGNMENT
Save as permitted under this Agreement, neither this Agreement nor any of the rights and obligations under it may be assigned, transferred, sub-contracted or otherwise disposed of, in whole or in part, by the Member without obtaining the prior written consent of InsuranceMart. In any permitted assignment, the assignor shall procure and ensure that the assignee shall assume all rights and obligations of the assignor under this Agreement and that the assignee agrees to be bound to all the terms of this Agreement.

TERMINATION FOR CAUSE
Notwithstanding anything else contained herein, InsuranceMart may terminate this Agreement immediately by notice in writing to the Member, in the following circumstances:

• InsuranceMart has a receiver and/or manager appointed over it or any part of its undertaking or assets or passes a resolution for winding-up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction);
• A court of competent jurisdiction makes an order to that effect or if InsuranceMart has become subject to a judicial management order or has entered into any composition; arrangement with its creditors or ceased or threatens to cease to carry on business; or
• If the Member fails to perform or observe any of the provisions of this Agreement or where there is a breach of any obligations in this Agreement, which breach if remediable is not remedied to the satisfaction of InsuranceMart within fourteen (14) days of a notice in writing to the other Party requesting its remedy, provided that InsuranceMart shall not be obliged to give such notice in the case of a persistent breach which shall be one which has occurred more than twice in any twelve month period.

TERMINATION – ENDURING RIGHTS
The termination of this Agreement, howsoever arising, is without prejudice to the rights, duties and liabilities of the Parties accrued prior to termination. The provisions in this Agreement which expressly or impliedly have effect after termination shall continue to be enforceable notwithstanding termination.

CUMULATIVE RIGHTS AND REMEDIES
Unless otherwise expressly agreed by the Parties, or provided under this Agreement, the provisions of this Agreement, and the rights and remedies of the Parties under this Agreement are cumulative and are without prejudice and in addition to any rights or remedies a Party may have in law or in equity, and no exercise by a Party of any one right or remedy under this Agreement, or at law or in equity, shall (save to the extent, if any, provided expressly in this Agreement or at law or in equity) operate so as to hinder or prevent the exercise by it of any other such right or remedy of a Party as at law or in equity.

INTELLECTUAL PROPERTY RIGHTS
The Member acknowledges that the Website is the intellectual property of InsuranceMart, and the information on the insurance policies found on the Website is the intellectual property of the respective insurance company(ies). The Member shall have no right, title or interest and will claim no right, title or interest in the intellectual property other than what the Member has created. The Member shall not do or omit to do anything which may adversely affect the intellectual property of InsuranceMart or the insurance company(ies), including but not limited to

• Damaging or otherwise adversely affecting the goodwill associated with the intellectual property.
• Using any name, mark, logo, design, symbol, emblem, insignia or slogan which is similar to or a colourable imitation of the trade marks of InsuranceMart or the insurance company(ies).
• During or after the termination or expiry of this Agreement, challenge the validity of InsuranceMart or the insurance company(ies)' intellectual property rights.

INTELLECTUAL PROPERTYRIGHTS- NO ASSIGNMENT, LICENCE
Save as permitted under this Agreement, there shall be no transfer, assignment or licence created in respect of any Intellectual Property Rights by any party without obtaining the prior written consent of InsuranceMart or the insurance company(ies). In any permitted assignment/licence/transfer, the assignor/licensor/transferor shall procure and ensure that the assignee/licensee/transferee shall assume all rights and obligations of the assignor/licensor/transferor under this Agreement and that the assignee/licensee/transferee agrees to be bound to all the terms of this Agreement.

FORCE MAJEURE
In the event that any Party to this Agreement shall be rendered unable to carry out the whole or any part of its obligations under this Agreement for any reason beyond the control of that Party, including but not limited to acts of God, force majeure, strikes, war, riot and any other causes of such nature, then the performance of the obligations hereunder of that Party or all the Parties as the case may be and as they are affected by such cause shall be excused during the continuance of any inability so caused, but such inability shall as far as possible be remedied with all reasonable dispatch.

NOTICES
Any notice required to be given hereunder by any party hereto shall be in writing sent by prepaid recorded delivery or registered post or by courier or by email or by facsimile and shall be deemed effective if sent by post or courier at the expiration of seventy- two (72) hours after the same is posted or sent whether or not received, or, if by email or by facsimile, twenty-four (24) hours after dispatch to the correct email address or facsimile number of the addressee.

CONTRACTS (RIGHTS OF THIRD PARTIES) ACT (CAP. 53B)
A person who is not a party to this Agreement may not enforce its terms under the Contracts (Rights of Third Parties) Act of Singapore or its statutory replacement or equivalent.

DISPUTES – MEDIATION
Any dispute arising out of or in connection with this agreement must be submitted for mediation. Either/any party may submit a request to mediate upon which the other party will be bound to participate in the mediation within 30 days thereof. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by the relevant mediation institution. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached. Should parties fail to reach a settlement through mediation after an attempt to resolve the dispute then the Parties may proceed to resolve the dispute in any other manner provided for in this Agreement.

GOVERNING LAW AND JURISDICTION – LAW SOCIETY ARBITRATION
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Law Society of Singapore Arbitration Scheme in accordance with the LawSoc Arbitration Rules for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.

GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore.