Term of Service

Terms of Service

These Terms of Service ("Terms") govern your access to and use of the application, website, products, and services ("Services") provided by Bateriku (M) Sdn Bhd (“BIRU ”,”we","us" or "our"), so please read these Terms carefully, before using our Services. References to "you" in these Terms of Service means you, your duly authorized representatives and any entity you may represent in connection with your use of the Services. Any reference made in these Terms of Service to "BIRU" shall be deemed to have been made to BIRU Services Sdn Bhd - 1178295-W, its subsidiaries, successors, assignees, and affiliates, as well as any company that controls BIRU, directly or indirectly, and any other subsidiary of that controlling company. Not all of the products or services described on this website are available in all areas of the Malaysia and you may not be eligible for them. We reserve the right to determine eligibility. By accessing or using our Services, you agree to be bound by these Terms and by our Privacy Policy.

This Privacy Policy includes important information about use of information in determining your premium/contribution. If you do not agree to these Terms or the Privacy Policy, please do not access or otherwise use our Services or any information contained herein. We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective upon the posting of the modification to our App/website (collectively, "the App"), and will apply to causes of action arising after the effective date of the change. You should continue to check the App for changes. Your continued use of our App or otherwise the Services following the posting of changes to these Terms will mean that you accept those changes. By accessing or using our Services, you confirm that: - you can form a binding contract with us; and - you are over the age of 18, as the Services are not intended for children under 18.

If it comes to our attention through reliable means that a registered user is a child under 18 years of age, we will cancel that user's account and/or access to the Services. If you are using the Services on behalf of a corporation (or any legal entity other than using it personally), you represent that you are authorized to enter into an agreement on behalf of that legal entity, and are nevertheless individually bound by these Terms even if we have a separate agreement with such corporation. In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by Google Play or App Store in connection with the Services, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of use and agreements (e.g., Google Play's or App Store's terms and policies) when using the Services, including the App.

You acknowledge that Google Play and/or App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them. The headings and captions used in these Terms of Use are inserted for convenience only and will not affect the meaning or interpretation of these Terms of Use. Do Not Rely on our Website or App for Your Financial Decisions. The Content on the BIRU website, app and other content is for convenience and information purposes only. Nothing on therein should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other information is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.

Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

Other than as expressly set out in these terms or additional terms, neither BIRU nor service suppliers make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.

BIRU will take reasonable measures to ensure the accuracy and validity of all information relating to transactions and services which originate exclusively from www.BIRU.my.

BIRU does not warrant or represent that access to the whole or part(s) of this website, the materials, information and/or functions contained therein will be provided uninterrupted.

Web and Moble Application

The information provided by BIRU's App is not and should not be construed as /takaful advice. BIRU is not liable for any inaccurate, missing or misconstrued information and makes no guarantee as to the quality and precision of the content. Any insurance/takaful purchasing conclusions and decisions such as coverage amounts, limits and deductibles are completely and solely the responsibility of the insured. BIRU may at its sole discretion change the App’s content and information from time to time. At the time of a claim, coverage will be determined in accordance with the terms and conditions of the insurance/takaful policy/certificate and not the App. Accordingly, you are encouraged to view/download a specimen of your actual policy documentation prior to making any purchase decision

Application License

Subject to these Terms and our policies (including policies made available to you within the Services), we grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use our Services, provided that:

  • You will not copy, distribute or modify any part of the Services without our prior written authorization;
  • You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.;
  • You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs;
  • You will not disrupt servers or networks connected to the Services; and (v) You comply with these Terms.

Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access (other than your User Content), which shall remain with us and our respective licensors.

Open Source Software

Certain software code incorporated into or distributed with the App or otherwise with the Services may be licensed by third parties under various "open-source" or "public-source" software licenses (collectively, the "Open Source Software"). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.

BIRU Right

All right, title, and interest in and to Services including worldwide Intellectual Property Rights therein, are and will remain the exclusive property of BIRU and its applicable licensors. We reserve all rights not expressly granted in and to the Services.

Account Information

In order to access the Service, you will have to create an account. You hereby represent and warrant that the information you provide to BIRU upon registration (including information provided through your linked Facebook account, as applicable, or other third party Linked Accounts, as defined below), and at all other times, will be true, accurate, current, and complete. Your "Account Information" also includes any information you provide to us during the insurance/takaful application/subscription or claims process. You also hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.

Privacy and Password

BIRU values and protects the privacy of your information. Please review the BIRU Privacy Policy, as it contains important information relating to your use of our Site and Products.

Some portions of the Site and Products are protected and require a user identification code ("User ID") and pin/password for access. Unauthorized access or use of such portions of the Site is prohibited. You agree that you will notify BIRU immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred by contact our Support team. For your protection, if BIRU believes that any unauthorized access may occur or has occurred, BIRU may terminate such access without prior notice to you. You also agree that BIRU is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.

Linked Accounts and Social Networking Sites

BIRU may, now or in the future, allow you to link your account on the Service to your account(s) on third party services, such as social networking sites ("Linked Accounts"). If you link your account on the Service to a Linked Account, you are authorizing BIRU to store and use your access credentials to access your Linked Account on your behalf as your agent to integrate your experience with the Service with content, information, and features available through such Linked Account. This may include importing the contacts, preferences, interests or "likes" of the Linked Account, and/or pushing updates regarding your use of the Service out to your Linked Accounts. Linking, accessing or using a third party service through the Service in this manner may be subject to additional terms established by the applicable third party, and it is your sole responsibility to comply with such third party terms.

Insurance Quotes and Coverages

All quotes generated by BIRU Products are based upon the information you provided and are not a contract, binder, or agreement to extend insurance/takaful coverage. Any coverage descriptions provided on our website are general descriptions of available coverages and are not a statement of contract. To obtain coverage you must submit an application to BIRU whether on BIRU's web site, mobile app or otherwise. All applications are subject to underwriting approval. Coverages and availability may vary by state or province; and additional minimum coverage limits may be available in your state.

Pursuant to Paragraph 5 of Schedule 9 of the Financial Services Act 2013 / Islamic Financial Services Act 2013, if you are applying for insurance/takaful offered on BIRU website, care not to make a misrepresentation in answering the questions in our purchase flow. You must answer all questions fully and accurately. Failure to take reasonable care in answering the questions may result in avoidance of your contract of insurance/takaful, refusal or reduction of your claim(s), change of terms or termination of your contract of insurance/takaful. The above duty of disclosure shall continue until the time your contract of insurance/takaful is entered into, varied of renewed with us. In addition to answering the questions in BIRU's insurance purchase / takaful subscription flow, you are required to disclose any other matter that you know to be relevant to our decision in accepting the risks and determining the rates, and terms to be applied. You also have a duty to tell us immediately if at any time after your contract of insurance/takaful has been entered into, varied or renewed with us any of the information given is inaccurate or has changed.

Claim Submissions

If you elect to report an insurance/takaful claim, the information you submit regarding your insurance policy / takaful certificate and the loss is subject to review and verification. BIRU reserves the right to request additional information prior to submitting claim to the insurance/takaful underwriter/company. A claim representative from insurance/takaful underwriter/company may be communicating with you regarding your claim. All policy provisions contained in your policy remain in effect. If you have any questions concerning the coverage afforded by your policy, please visit the BIRU Support page.

Policy Renewal and Refunds

When we process your insurance/takaful application you are asked certain question relating to your circumstances. We may request additional information in order to offer you a competitive price consistent with you circumstance and requirements. However, please be aware that our offered rate is subject to change suggested or imposed by the insurance/takaful company who underwrites your insurance/takaful policy/certificate. We therefore have no control over such changes that may occur from time to time. The rate that we offer you is deemed current at the time of your application. Any changes shall be passed on to you without limitations

All other refund requests are handled case by case basis. Investigation will be made and duration of refund may vary for all approved refund requests.

By accepting this quotation, you have understood and accepted the terms and conditions.

Note: In accordance with Insurance Act 1996 (Part XII, Section 141 Assumption of Risks, Subsection 4) / (Takaful reference IFSA2013) all refund premium/contribution shall pay directly to the policy/certificate holder

There’s a processing fee of RM35 upon any order cancellation. BIRU reserves the right to impose service charges on any refund requests. If you feel you were incorrectly charged a processing fee, you may contact BIRU via the Help Centre on BIRU's website for assistance. BIRU reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the purchase, or the BIRU Credits or such other method as is deemed reasonable by BIRU, for cash payments.

BIRU reserves the right to amend the acceptable cancellation reasons and fee from time to time

All payments are non-refundable unless otherwise stated.

BIRU reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or BIRU Credits or such other method as is deemed reasonable by BIRU, for cash payments.

All Users of our portal are required to acknowledge that all particulars provided is accurate and abiding by law.

For policy renewals, You acknowledge and consent to BIRU that You have not been Blacklisted or Suspended by our any third party which includes but not limited to; the government, law enforcers and insurance/takaful companies. BIRU reserves the right to not entertain any refunds for any of such abuse. This may also result in a suspension or even a permanent ban.

From time to time, BIRU may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans, or other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, limits and/or availability. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms. Vouchers are non-transferable, non-exchangeable and non-refundable and cannot be exchanged for cash. BIRU reserves the right to withdraw, amend and/or alter any part of the terms and conditions of the promotions and subscriptions at any time without any prior notice. BIRU reserves the right to void, discontinue or disqualify any user from any promotion or subscription plan without prior notice to any user, in the event a user breaches any part of these Terms of Use.

User Content
General

The Service may request that you submit content such as text, photos, audiovisual content, and other media content ("User Content"). By providing User Content to BIRU, you are granting BIRU a license to use the User Content in order to make it available through the Service.

License Grant by You to BIRU

By uploading Content, you are granting BIRU a license to display, perform and distribute your Content and to modify (for technical purposes), and reproduce such Content to enable BIRU to operate the Service. You agree that these rights and licenses are royalty free, worldwide, and irrevocable, and include a right for BIRU to make such Content available to, and pass these rights along to, others with whom BIRU has contractual relationships related to the provision of the BIRU service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if BIRU determines such access is necessary to comply with its legal obligations.

Submitted Ideas Policy

When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to BIRU through the "Contact Us," User Forum or Support interfaces or through any other channel or mechanism (collectively, "Contributions"), you acknowledge and agree

Your contributions do not contain confidential or proprietary information; BIRU is not under any obligation of confidentiality, express or implied, with respect to the Contributions; BIRU shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; BIRU may have something similar to the Contributions already under consideration or in development; your Contributions automatically become the property of BIRU without any obligation of BIRU to you; you are not entitled to any accounting, compensation or reimbursement of any kind from BIRU under any circumstances.

Unauthorized Use
Do not misuse our Services

Review and comply with these Terms and the Privacy Policy; comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; provide accurate information to us and update it as necessary; and act honestly and in good faith.

You agree not to use the Service or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will not, do or attempt to:


By using the Services you agree NOT to:
  • Create an account for anyone other than a natural person (unless you are a company, organization, legal entity or a brand and represent that company, organization, legal entity or brand).
  • Defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person or engage in any other predatory behavior, including sending unwelcomed communications to others or engage in any other predatory behavior, or incite others to commit violent acts.
  • use or attempt to use another's account or create a false identity;
  • duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services, except as permitted in these Terms, or as expressly authorized by us;
  • reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
  • utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services;
  • adapt, modify or create derivative works based on the Services or technology underlying the Services, in whole or part;
  • rent, lease, loan, trade, sell/re-sell any information in the Services, in whole or part;
  • use the communication systems provided by the Services for any commercial solicitation purposes;
  • sell, sponsor, or otherwise monetize any service or functionality in the Services, without our express written consent;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors');
  • remove, cover or otherwise obscure any form of advertisement included on the Services;
  • collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same);
  • share other users' or third party's information or their User Content without their express consent;
  • infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us;
  • use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, "scrape," "crawl", "cache", "spider" or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
  • use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services;
  • access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose;
  • engage in "framing," "mirroring," or otherwise simulating the appearance or function of the website;
  • attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services;
  • engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services' infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs through or on the Services; and/or
  • Interfere or disrupt or game the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software.
Notices

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

THIRD PARTIES' LINKS, WEBSITES, AND SERVICES

The Services may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We are not affiliated with those websites, do not endorse them, have no control over those websites, and assume no responsibility and/or liability for the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site.

If you access any third party's website, service, or content from our Services, you do so at your own risk. By using the Services, you expressly release us (and our owners, employees, agents, affiliates, and/or licensors) from any and all liability arising from your use of any third-party website, information, materials, products, or services. Accordingly, we encourage you to be aware when you have left the Services and to read the terms and conditions and privacy policy of each other website that you visit.

Disclosure

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: