This Electronic Notices, Disclosure and Signature Consent Agreement ("Agreement") is a legal agreement between the Bowtie Life Insurance Company Limited ("Bowtie", "us", or "we") and the entity or person ("you", "your", or "user") who registered a Bowtie Account to receive certain insurance, data, technology and analytics services, and other business services that may be offered by Bowtie from time to time (each, a "Service"). This Agreement describes the terms and conditions that apply to your use of the Services.
If you do not understand any of the terms of this Agreement, please contact us before using the Services. This Agreement includes disclaimers of liability and other important matters.
This Agreement is not intended to, and will not supersede or replace, any existing terms and conditions governing your insurance policy/policies, and your use of other Services, which shall continue to apply unless otherwise provided in this Agreement.
You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement.
a. Consent to Electronic Notices, Disclosures and Signatures
By registering for a Bowtie Account, you agree that such registration constitutes your electronic signature, and you consent to electronic provision of all records, disclosures and notices from Bowtie ("Notices"), including the insurance policy and notices required by Law. You also agree that your electronic consent will have the same legal effect as a physical signature. You further agree that electronic records will be admissible as original documents in any court of law in Hong Kong.
b. Bowtie Account Information
In order to access the Service, you will have to create a Bowtie Account. You hereby represent and, except to the extent provided otherwise in your insurance policy/policies, warrant that the information you provide to Bowtie upon registration, and at all other times (including without limitations the insurance application and claims processes), will be true, accurate, current, and complete.
c. Methods of Delivery
You agree that Bowtie can provide Notices regarding the Services to you through our website or by mailing Notices to the email or postal addresses identified in your Bowtie Account. Notices may include notifications about your Bowtie Account, your insurance policy/policies, changes to the Services, or other information we are required to provide to you. You also agree that electronic delivery of a Notice has the same legal effect as if we provided you with a physical copy. We will consider a Notice to have been received by you within 24 hours of the time a Notice is either posted to our website or emailed to you. We will not be responsible in the case that a Notice is not received by you due to your e-mail or postal address having changed or being invalid or due to systems failure, interruptions in the communications systems or other reasons outside our control.
d. SMS and Text Messages
In addition to authorizing us to provide Notices through email and our website, you also hereby authorize us to provide Notices to you via text message to allow us to verify your control over your Bowtie Account (such as through two-step verification), and to provide you with other critical information about your Bowtie Account. In the event of a suspected or actual fraud or security threat to your Bowtie Account, Bowtie will use SMS, email or another secure procedure to contact you. Standard text or data charges may apply to such Notices. Where offered, you may disable text message notifications by following instructions provided in the message or on our website. However, by disabling text messaging, you may be disabling important security features on your Bowtie Account.
e. Requirements for Delivery
You will need a computer or mobile device, Internet connectivity, and an updated browser to access Bowtie Services and review the Notices provided to you. If you are having problems viewing or accessing any Notices, please contact us and we can find another means of delivery. You will need to bear any fees, charges or expenses which may be imposed by any telecommunications company to access our Services.
f. Privacy and Security
Bowtie values and protects the privacy of your information and your co-operation is also needed to protect the confidentiality of your information. You are required to take precautionary measures to ensure that no unauthorized access is given to your policy records. Your Bowtie Account and some of our Services require a user identification code and password for access. The password which you will use to access our Services will be recognised as your electronic signature and will be legally binding. For certain actions, Bowtie may require additional steps to verify your control over your Bowtie Account (such as through two-step verification using text messages). Unauthorized access or use of password protected Services is prohibited. You agree that you will notify Bowtie immediately if you believe that a third party has obtained your password, or if you believe that any unauthorized access or use may occur or has occurred.
g. Withdrawing Consent
Due to the nature of the Services, you will not be able to begin using the Services without agreeing to electronic delivery of Notices. However, you may choose to withdraw your consent to receive Notices electronically by terminating your insurance policy/policies and your Bowtie Account.
h. Limitation of Liability
You agree and undertake not to hold us liable or in any way responsible for any loss, damages or expenses that you shall incur, including without limitation any direct, indirect, consequential, special, incidental or punitive damages or for any lost profits, savings, data or use in connection with your use of or your inability to use our Services unless they are caused solely and directly by our gross negligence or wilful default.
We reserve the right to modify this Agreement at any time, which modification will be effective upon the posting of the modification to our website or our Notice to you by electronic delivery. If we make any material changes, we will bring it to your attention by placing a notice on the Services, by sending you an email, and/or by some other means. If you do not agree with the new Agreement, you are free to reject them but you may no longer be able to use some or all of the Services. If you use the Services in any way after a change to the Agreement is effective, you are implicitly agreeing to all of the changes.
j. Governing Law
This Agreement is governed by and should be construed in accordance with the laws of the Hong Kong. The parties submit to the non-exclusive jurisdiction of the courts of Hong Kong.