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A. TERMS AND CONDITIONS FOR EBclick



1. Provision of the Service


1.1. PT AJ Manulife Indonesia shall provide to you, subject to these Terms and Conditions, the EBclick, which refers only to the online service provided under "Manulife Customer Website" (the "Site").


1.2. Please read these Terms and Conditions carefully. Upon using or upon the first time you access the Service, you shall be deemed to have agreed to be bound by these Terms and Conditions.


1.3. "You" which expression shall include the following unless the context otherwise requires :

(i) an individual, firm, company, corporation and an unincorporated body of persons; and

(ii) your personal representatives, heirs, executors, liquidators, administrators and assigns; and

(iii) all and each of the joint policy owners/account holders with respect to a joint policy/account. All the

policy owners/account holders shall be bound by these Terms and Conditions and be jointly and severally liable for all the transactions effected by using the Service.


1.4. You acknowledge that Manulife can at its sole discretion and with or without notice to determine and vary from time to time the scope and type of the Service to be made available including, without limitation :

(i) vary, alter, change, improve and modify the Service, the content of it or any part thereof from time to time and at any time; and/or

(ii) suspend, postpone, modify, terminate and/or discontinue the Service or any part thereof and/or any service(s) available through it from time to time and at any time; and/or

(iii) impose or change the transfer/switching limit in respect of fund transaction; and/or

(iv) impose or change the restrictions on the use of the Service such as maximum limit in a specified period; and /or

(v) prescribe or change the normal service hours during which the Service is available and any daily cut-off time for any type of the Service or transactions. Any instruction received by Manulife after any applicable daily cut-off time shall be deemed to be received on the next business/dealing day. Manulife may specify business/dealing day and daily cut-off time.


1.5. Manulife has full right to determine the servicing hours of the Service at any time and from time to time with or without notice or reason.


1.6. Save as otherwise provided, business day(s) are defined as Monday to Friday under these Terms and Conditions excluding public holidays and those business days when Manulife is closed for business at the material time .


1.7. You understand and acknowledge that the Service is provided as an additional service and shall not be considered as a substitute for other method(s) of delivering instructions or effecting transactions. In the event that the Service is not available for any reason whatsoever (whether or not within the control of Manulife), you shall have no claim whatsoever against Manulife and shall use other available means to deliver instructions or effect transactions.


2. Access to and Use of the Service


2.1 To access the Service for the first time, you are required to register for the Service in the manner specified by Manulife from time to time and indicate your acceptance of all the Terms and Conditions governing the use of the Service.


2.2 The cost and expense to obtain and maintain or configure suitable software, device, and/or equipment to obtain access to the Service shall be borne by you.


2.3 The Service is for your sole and exclusive use. None of Manulife's employees, agents or representatives may accept appointment by you as agent to access and/or operate the Service for and on your behalf.


2.4 Any exchange rate, interest rate, prices and information quoted by Manulife are for reference only and are not binding.


2.5 All services and information are provided to you on an "as is" basis without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.


3. Certificate Number/ Group Number and Password/Personal Identification Number


3.1 You shall be required to input your Certificate Number/Group Number and your Password/Personal Identification Number ("PIN") in the prescribed manner for verification of your identity and status in order to have access to the Service.


3.2 You may change the Password/PIN via the Service at any time but any such change shall only be effective upon the acceptance and confirmation by Manulife.


3.3 You must keep your Password/ PIN strictly confidential at all times. Manulife shall not be responsible or liable for any harm or loss you may suffer as a result of any unauthorized use of your Password/ PIN.


3.4 You must not disclose or cause to disclose your Certificate Number/Group Number and/or Password/PIN to any person(s) under any circumstances. Any word, action or conduct whether intentional or unintentional, given, taken or committed by you to breach that confidentiality shall render you liable to Manulife for all losses and damages thereby caused. You hereby agree and acknowledge that the use of the Service by any person(s) (whether authorized by you or not) with your Certificate Number/Group Number and/or Password/PIN shall constitute and be deemed the use of the Service by you.


3.5 You authorize Manulife to accept without further verification, and you agree to be responsible for, all instructions given via any channel or media provided by the Service from time to time, when accompanied by your Certificate Number/Group Number and Password/PIN.


3.6 You acknowledge and agree that the only duty of Manulife is to verify your Password/PIN against the Certificate Number/Group Number and Manulife shall not be liable in respect of :

(i) any loss or damage suffered by you or by any other person as a result of any failure to effect or execute instructions or perform any obligation there under where such failure is attributable either directly or indirectly to any circumstances or events outside Manulife's control; or

(ii) any other loss or damage whatsoever suffered by you or any other person as a result of any instructions given with your correct Certificate Number/Group Number and Password/PIN.


3.7 You must call Manulife Customer Contact Center (62-21) 2555 7777 to notify Manulife immediately after learning that your Password/PIN is obtained by any person(s), or that unauthorized use of your Password/PIN may be occurring. Until Manulife has received such notification, you shall be liable to Manulife for all losses and damages incurred by Manulife in respect of any use of the Service by any person(s) whether authorized by you or not.


4. Suspension and Termination of the Service


4.1 Without prejudice to any other provisions and the generality of these Terms and Conditions, Manulife shall be entitled to terminate the Service if :

(i) there is any change of law which prohibits or renders illegal the maintenance or operation of your policy/account or any parts thereof; or

(ii) you shall commit any breach of or omit to observe any obligations under these Terms and Conditions which, in the opinion of Manulife, amounts to a material default on the part of you; or

(iii) Manulife's records show that your policy/account is terminated.


4.2 The granting of access to the Service shall be at the sole discretion of Manulife and Manulife may cancel/terminate or suspend the Service or any part thereof at any time Manulife deems fit and without notice and reason to you.


4.3 You may request to suspend or terminate the use of the Service at any time by giving to Manulife prior written notice, and Manulife shall suspend or terminate the use of the Service as soon as practicable after receiving your written notice.


4.4 The provisions of these Terms and Conditions, to the extent allowed by the applicable law(s), shall survive the termination of any contractual relationship between you and Manulife.


5. Your Instructions


5.1 Information for any policy/account or transaction available via the Service is for reference only. Manulife's records of such policy/account and transaction shall be conclusive unless and until the contrary is established.


5.2 Any instruction in connection with the Service shall not be considered to be received by Manulife unless it is given in the way prescribed by Manulife from time to time and until Manulife has actually received it.


5.3 Any instruction in connection with the Service once received by Manulife may not be amended, cancelled or withdrawn. All such instructions, as understood and acted on by Manulife in good faith, may be irrevocable and binding on you whether given by you or by any other person purporting to be you.


5.4 Instructions shall be processed as soon as reasonably practicable after receipt of your instruction, but Manulife shall not be liable for any loss, damage or expense or consequential loss, damage or expense suffered by you by virtue of any delay in acting on any instruction or for any inability to act as a result of any instruction being unclear or incomplete or you have failed to submit an instruction by the daily cut-off time specified by Manulife from time to time.


5.5 Manulife shall only act on an instruction insofar as it is in Manulife's opinion practicable and reasonable to do so and in accordance with its regular business practices and procedures.


5.6 Without prejudice to other terms and conditions hereof, any instruction given to Manulife via the Service shall operate as a request by you to Manulife to act on the instruction. Manulife shall not be obliged to act on such instructions which would result in your fund account becoming overdrawn or where such account is on hold, frozen or dormant or for whatever other reason Manulife may in sole judgment consider reasonable.


5.7 Where Manulife knows of or suspects a breach of security or other suspicious circumstances in respect of or in connection with the operation of your policy/account or the Service generally, Manulife may, in its absolute discretion and without any liability, refuse to act on or delay acting on the instruction and in that event, Manulife shall, to the extent possible, inform you as soon as practicable.


6. Your Obligations and Liabilities


6.1 You agree that you shall ensure that all information provided to Manulife is at all times accurate, complete and up-to-date including, without limitation, your address and other contact details.


6.2 You agree that you shall not use or knowingly allow any other person to use the Service in connection with an illegal purpose or activity. You shall notify Manulife immediately if you become aware of such use.


6.3 You acknowledge that the Service shall be used by you at your own risk. You must evaluate, and bear all risks associated with the use of any information provided or giving instructions under the Service. Where information relating to investments is provided, you should seek your own independent and professional advice with respect to any contents thereof before relying or acting on it.


6.4 You acknowledge that no right, title or interest other than the right to access the information subject to these Terms and Condition is conveyed or transferred to you. You shall not make any representation or do any act which may be taken to indicate that you have any such right, title or interest.


6.5 In any circumstances when you are required to submit information or data to Manulife through the use of the Site, you agree that you shall prevent computer, electronic or other similar virus of any kind from entering the system, any related systems, servers or facilities of Manulife in a manner that the Site shall be affected.


6.6 You agree that you shall not, and shall not attempt to decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with, or gain access to, any part of the Service or the Site or any software comprised in them.


6.7 Unless Clause 6.8 applies, you shall be fully liable and responsible for all consequences arising from or in connection with the use of the Service as a result of such use by you or any other person whether authorised by you or not.


6.8 Subject to Clause 3.7 and if, in the reasonable opinion of Manulife, there is no negligence, fraud or fault on the part of you, you shall not be liable for loss or misplacement of funds caused by unauthorized transactions conducted through the use of the Service as a result of :

(i) a computer crime which should have been prevented by the risks control and management measures had Manulife adopted such measures in accordance with Clause 7.1; or

(ii) a human or system error of Manulife; or

(iii) a missed or mis-directed payment caused by the gross negligence or willful default of Manulife, its officers or employees.


6.9 You release Manulife from all liabilities and shall indemnify any member of Manulife and their respective officers and employees against all actions, suits, costs, claims, demands, charges, expenses, losses, damages and liabilities howsoever and wheresoever’s (including, without limitation, legal fees on a full indemnity basis) which may be incurred by any of them and all actions or proceedings which may be brought by or against any of them arising out of the provision of the Service.


7. Responsibilities and Liabilities of Manulife


7.1 Manulife shall endeavor to take reasonably practicable steps to ensure its systems in connection with the Service are installed with adequate security designs and to control and manage the risks in operating the systems, taking into account any law, rules, regulations, guidelines, circulars, codes of conduct and prevailing market practices which may be applicable to Manulife from time to time. Manulife shall under no circumstances be liable for any failure of the Service in whole or in part nor for the inability of you to gain access in whole or in part to the same due to circumstances either outside or within the control of Manulife.


7.2 Manulife shall endeavor to take all reasonable steps to ensure that information made available by the Service is correct and updated at regular intervals. Manulife shall not be held liable for any loss suffered by you or any other person for or in connection with the accuracy, completeness, authenticity or timeliness of any information received by you via the Service.


7.3 Without prejudice to the generality of these Terms and Conditions, Manulife shall not be liable to you or any third party for any harm, loss (direct/indirect/consequential/contingent/special) (foreseeable or not) or damage (whether arising in contract, tort, negligence), or otherwise that may arise from the use of information and any services provided under the scope of the Service at any time and from time to time. You further waive all rights that you may have to hold Manulife responsible, liable or otherwise accountable in connection with the use of the Service. You agree that such exclusions of liability are fair and reasonable, and that Manulife would not have permitted access to (or use of) the Service by you without your agreement with the liability exclusions and disclaimers set out herein.


7.4 You agree and understand that transmission of instruction, information or communication over the Internet may be subject to interruption, transmission blackout and delayed transmission due to the Internet traffic or incorrect data transmission due to the public and open nature of the Internet or otherwise. Manulife shall not be responsible or liable for any loss of accuracy or timeliness of any communication or transactions conducted through the Service arising from or in relation to any malfunctions in communication facilities that are out of control of Manulife.


7.5 You agree and acknowledge that complete privacy, confidentiality and security is not yet possible over the Internet and that since the Internet is not a fully secure method for the communication of information, and that your privacy and confidentiality cannot be guaranteed, your use of the Site (including all information that you send/upload to the Site) may be assessed by, or disclosed to, or monitored by other persons. Therefore, Manulife shall not be responsible or liable for any harm or loss that you, or any other person, may suffer in any connection with your access to, or use of, the Site.


8. Communication


8.1 Manulife shall be authorized to prescribe, from time to time, the form of notice (whether written or any other form) and the communication channel with respect to any notice to be given pursuant to these Terms and Conditions without imposing any duty of care on Manulife.


8.2 Manulife shall not be liable for any loss or damages you may incur if you communicate confidential or personal information to us by electronic means such as electronic mail, or if we communicate such information to you by these means at your request or as a reply to a communication sent by you over the same channel.


8.3 You are required to notify Manulife forthwith of any change of your correspondence address, telephone/fax number, email/electronic address of whatever kind or any other correspondence details if the same has been supplied to Manulife for communication purpose. All communications shall be addressed to you at your last known correspondence details registered with Manulife. Communications delivered personally or sent by mail, facsimile or otherwise shall be deemed to have been delivered to you (where delivered personally) at the time of personal delivery, (where sent by facsimile) on the day of dispatch, (where sent by mail) when deposited in the mail, (where sent by electronic communication) at the time of sending the electronic message.


9. Linked Websites


9.1 Manulife may provide hyperlinks from the Site to other non-Manulife websites for information purpose only. Manulife shall not be liable for any loss or damage arising directly or indirectly (including consequential loss) for the contents available on such linked websites. The inclusion of hyperlinks by Manulife to such websites does not imply any endorsement by Manulife of the material on such websites.


9.2 You can login the Site by typing "www.manulife.co.id" at the address bar of your Internet browser and then click "Login" button. Manulife shall not be responsible or liable for the contents available on or set-up of any other websites/hyperlinks linked to the Site, and also for any loss or damage incurred or suffered by you or any third party arising out of or in connection with such other websites/ hyperlinks. Access to and use of the linked website is at user's own risk and subject to any terms and conditions applicable to such access/use.


10. Downloading


Manulife do not guarantee that the contents of the Site or any information/data or program that can be downloaded from the Site is error free or that the Site or server(s) that operate it is free of viruses or other harmful components which may adversely affect your hardware, software and equipment. Any information, data or program that may be downloaded from the Site may be made subject to further or other applicable terms and conditions.


11. Waiver


No act, delay or omission by Manulife shall affect its rights, powers and remedies under these Terms and Conditions or any further or other exercise of such rights, powers and remedies. The rights and remedies under these Terms and Conditions are cumulative and not exclusive of the rights and remedies provided by law.


12. Governing Law and Jurisdiction


12.1 The Service and these Terms and Conditions shall be governed by the applicable laws of the Republic of Indonesia. The courts and tribunals of the Republic of Indonesia shall have the non-exclusive jurisdiction to determine, enforce and adjudicate all disputes and claims arising out of the provision of the Service and in connection therewith.


12.2 The services and information described or provided via the Service are only available in jurisdiction where they may be legally provided and may not be available to persons who are residents of jurisdictions outside the Republic of Indonesia. The Site is technically located in the Republic of Indonesia. None of the contents and services available via the Service shall constitute an offer or solicitation to buy or sell investment(s) to anyone in any jurisdiction in which any content or operation of the Service is not permitted by the applicable law(s) in such jurisdiction(s). You agree that your access to, and use of, the Site are deemed to solely occur within the jurisdiction of the Republic of Indonesia, and that the only law governing your use of the Site is the law(s) of the Republic of Indonesia.


13. Governing Terms and Conditions


13.1 These Terms and Conditions supersede any prior terms and conditions, representations, arrangements or understandings, either verbal or in writing save that the same may be supplemented by and/or made subject to such further/special terms and conditions in respect of any particular aspect, media, format, type of transaction or part of the Service that may exist from time to time. In case of any inconsistency, these further/special terms and conditions shall prevail.


13.2 All transactions entered into pursuant to the instructions given to Manulife via the Service shall be subject to the Terms and Conditions, User Manual/Instructions, Prospectus, Offering Document, and Principal Brochure and Funds Brochure governing such transactions as prescribed by Manulife from time to time, and other related terms issued by Manulife including, without limitation, the Privacy Policy, Security Information and Legal Notice posted on the Site. In case of any inconsistency, Prospectus/Offering Document/Principal Brochure and Funds Brochure (as the case may be) shall prevail.


14. Amendments


14.1 Manulife shall be entitled to revise and/or add to these Terms and Conditions at any time and from time to time. The revised and/or additional terms and/or conditions shall become effective when displayed, advertised or brought to your attention by any other means as Manulife thinks fit, and shall be binding on you if you continue to maintain or use the Service after the effective date thereof.


14.2 Amendments of these Terms and Conditions shall not affect any of your or Manulife's accrued rights or liabilities.


15. Severability


If any part of these Terms and Conditions is held to become illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, the unenforceable part shall be given effect to the greatest extent possible and the legality, validity and enforceability of the remaining provisions shall remain in full force and effect.


16. Governing Version


In case of any inconsistency between the Bahasa version and the English version of these Terms and Conditions, the English version shall prevail.


17. Copyright


All the contents, information and trademarks on the Site are protected by copyright or other intellectual property rights. Any means of tampering with such information including, without limitation, use, publication, copying, distribution or exploitation thereof is strictly prohibited unless with Manulife's prior written consent.