Please read these terms and conditions of use carefully as they, together with our Security and Privacy Statement, and your Duty of Disclosure (together called ‘Terms of Use’) govern your use of the Pacres Atil Insurance, Inc. website and pages at www.mtpainsurance.com. By using our website you agree to and accept the Terms of Use in force at that time. Additional terms and conditions may apply to the matters discussed on our website. These will be drawn to your attention when you browse our website.

If you have any questions about these Terms of Use please contact us by phone or by email at @mtpainsurance.com

The terms ‘our website’ and ‘our site’ refer to the information, text, graphics, services and other data contained in and under the Uniform Resource Locator (“URL”)

Our website is owned and operated by MTPA Insurance Services, available for purchase in the website is underwritten by Pacres Atil Insurance, Inc. We have the right to change these Terms of Use from time to time and without specific notice to you.

Images, logos, names and trademarks on our website are proprietary marks of MTPA Insurance Services and/or any applicable relevant third party. Nothing on our website gives any person any license or right to use any such image, logo, name or trademark, and any such use may constitute an infringement of the rights of the proprietor and/or licensee.

We are the owner of all copyrights, design, graphic and text arrangements, database rights and other intellectual property rights that exist in our website unless we state otherwise.

You may not commercially exploit, publish, distribute, extract, re-utilize or reproduce any part of our website and no part of our website may be reproduced, stored, modified, adapted, uploaded to another location, or produced for display in public in any form without our prior written approval.

If you participate in any discussion or forum on our website you confirm that any comments and suggestions made by you are our property, that we may use your input without payment to you or any other person, and that we are free to develop the concepts or similar concepts mentioned by you on our website. You also warrant that such use by us will not and does not infringe upon any third party’s rights.

No advice

Our website does not provide you with any personal, financial, investment or any advice of any kind. Our website and the information it contains does not take into account your particular financial or insurance position or requirements, and you should always obtain independent advice before acting upon any of the information contained on our website or other links contained on our website.

Availability and accuracy of our website
Some technical matters may be beyond our control and we cannot guarantee that you will have uninterrupted or error-free access to our website at all times, that defects will be remedied, or that our website or the servers that make our website available, are virus or bug-free.

While we have tried to ensure the accuracy and completeness of the content of the website, we cannot guarantee that our website will meet all your needs.

Our website and the information and materials contained in our website are provided on an ‘as is’ and ‘as available’ basis.

Access to and use of our website is at your own risk and we do not warrant that the use of our website or any material downloaded from it will not cause damage to any property, or otherwise minimize or eliminate the inherent risks of the internet including but not limited to loss of data, computer virus infection, spyware, malicious software, Trojans and worms. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this website by any unauthorized third parties.

Without notice to you, we may suspend access to our website from time to time to allow for repair or maintenance or for other reasons.

If you access or use our website, you are responsible for your compliance with all local laws that apply to you. In particular, you are not allowed to access or transact on this website if your local laws prohibit the access or use of this website, or renders illegal or unenforceable any product or service contained in it.

THE FOLLOWING PROVISIONS SHOULD BE READ CAREFULLY AS THEY EXCLUDE OR LIMIT OUR LEGAL LIABILITY IN CONNECTION WITH YOUR USE OF OUR WEBSITE. Nothing in these provisions attempts to exclude liability that is not allowed under applicable law.

We are not liable if you lose any content or material when uploading or transmitting it through our website.

We also cannot guarantee that we can or will provide a particular product or service at any particular time or price, or that a product will be available at any time. We do not accept liability for withdrawing a product or service or for rejecting your application for a product or service for any reason.

We exclude any warranties, undertakings or representations (either express or implied) to the full extent permitted under applicable law, (including and without limitation, that our website and all or any part of the content or materials, accuracy, availability or completeness of the content of the website, or any part of the content or materials are appropriate or available for use in any jurisdiction).

We (including all of our employees, officers and directors) will not be held liable by reason of contract, tort (including negligence), statutory duty or otherwise to any person arising out of the use of, access to, or non- access to our website, or for any errors or omissions contained in our website or if our website is unavailable.

We (including all of our employees, officers and directors) shall not be liable for any direct or indirect economic losses or any loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings; goodwill or reputation or any special, incidental, consequential loss or damage, suffered or incurred arising out of or in connection with your use of our website (even if they are notified to us); or non-compliance with or breach of these terms and conditions.

Site access and product purchase

For those products and services that are only available for purchase in the Philippines, our website is only intended for use by Filipino Citizens, Philippine Permanent Residents or foreign nationals residing in Philippines (‘Philippines Residents’) and for insurance risks arising in or from Philippines only. Applications from non-Philippine Residents will not be accepted, unless otherwise stated. All transactions are quoted in and are payable in Philippine peso.

To obtain access to certain online services you are given the opportunity to register with us through My Account. You are responsible for maintaining the confidentiality of your details and your password, and for restricting access to your computer to prevent unauthorized access to your account.

You accept responsibility and are fully liable for any activity that occurs under your account, and you should take all steps to ensure your password is kept confidential. You agree to inform us immediately if you have reason to believe your password has been compromised or is being used in an unauthorized or illegal manner.

Product terms and conditions

The content of our website does not constitute an offer by us to sell products and services. Your request to purchase a product or service represents an offer by you which we may accept or reject on such terms and conditions in force at the time of our acceptance.

After you make a request through our website to purchase the product or service and assuming such product or service is available to you and your offer is accepted, you will receive confirmation of your purchase.

Unless we say so, the information and descriptions on our website do not necessarily represent complete descriptions of all terms, conditions and exclusions and the precise cover provided (as applicable). All these shall be included in the schedule of cover, policy documents and/or conditions of purchase issued to you. Such documents may be either physical or electronic.

If you apply for any product or service detailed on our website, these terms and conditions of use should be read in conjunction with any other terms or conditions relating to that product or service and, in the event of any contradiction between these conditions of use and the specific product or service conditions, the specific product or service conditions shall prevail.

All applications for a product or service detailed on our website are subject to and must comply with our normal approval criteria, and are governed by the normal terms and conditions applying to each product or service requested. Please refer to our product Policy Details for more information.

You must ensure that the details and information (especially in relation to payment) that you provide to us while using our website are correct and that there are sufficient funds to cover the cost of the product or service. In the case of requesting an automatic renewal, the credit card you use must be your own and not in anyone else’s name.

Transactions on our website

To the extent permitted by law, you will receive all of your insurance documents electronically. There may be some insurance documents that we cannot deliver electronically due to legal and technological constraints. These will be posted to you.

Your confirmation means any communication issued or transmitted by you to us via our website or other electronic means and which contains your acceptance in relation to our offer, or your confirmation of payment, whichever applies.

It is your responsibility to inform us of any change in your email address. It is also your responsibility to keep your email account active and capable of receiving new emails. We are not responsible for emails sent to an inactive or out of date email account, unless we are solely negligent.

Your confirmation of payment may not be received by us for reasons including mechanical, software, computer, telecommunications or electronic failure, or the omission or failure of other providers or systems which are outside the control of either of us. You acknowledge that to the extent permitted by law, we are not liable to you in any way for loss or damage, however caused, directly or indirectly, in connection with the transmission or submission of an electronic instruction through our website or any failure to receive an electronic instruction for any reason.

The credit card details that you provide to us may be retained after payment is made.

We may refuse to process a transaction at any time and for any reason. To the extent permitted by law, we will not be liable to you or to any third party if we do this.

Purchasing insurance policies

IMPORTANT NOTICE: We are required by law to tell you that before we provide cover, you must fully and faithfully tell us everything you know or could reasonably be expected to know that is relevant to our decision to give you the insurance, as otherwise you may receive no benefit from your policy.

Where our website enables you to purchase insurance products or services online:

• you and us may enter into an insurance policy using our website, by you making an electronic offer via our website and by us electronically communicating our acceptance of that offer via our website to you;
• we may act on and process all completed electronic instructions transmitted or issued through our website without further consent from or reference to you; and
• we may treat an electronic instruction as authentic and we are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

Creating a binding insurance contract with us via our website is a three step process:

• The first step is to create a quote for the insurance product you are interested in and have selected. Upon completion by you of all required details, our website will provide you with a quote, identified by a quote number. This quote and quote number will remain valid and accessible on our website for up to ninety (90) days;
• If you wish to take out insurance in accordance with a quote provided to you by us via our website, then, upon your completion of all required details, step two enables you to make a request and offer to us for the purchase of the relevant insurance product; and
• Step three is for us to accept (or reject) that request; and if we accept, to create a binding insurance agreement with a corresponding insurance policy number.

When entering into a contract via our website, we will be taken to have communicated our acceptance to your offer or request to purchase insurance only when:

• The electronic instruction containing the request and offer to purchase from you enters and is recorded in our main database;
• A record is created and stored in our database;
• Insurance policy number is generated by us; and
• We receive all required details of a current and valid credit card which you are authorized to use, which is of a credit card type accepted by us, and to which we are able to charge the total premium.

A binding insurance contract is conditional on us being able to successfully charge against your nominated credit card and our receiving payment of your applicable premium (either by a single payment or, where permitted, in installments).

We may or may not issue a paper confirmation of the insurance policy. The existence of a binding contract is not conditional on our issuance, or your receipt of a paper confirmation of the transaction. Upon the request of the client, the company will furnish a copy of the proof of insurance at his/her registered address.

Payments

All payments for any insurance products, renewals, or other services purchased via our website must be paid in full by the due date specified in the relevant confirmation.

Unless otherwise provided for, all payments are required to be made by you using a type of credit card accepted by us at the time of purchase or renewal of the applicable insurance policy or service. You understand that we may use third party providers to securely store your cashless payment mode information and process your payment. YOU REPRESENT AND WARRANT THAT YOU ARE OF SUFFICIENT AGE AND HAVE ALL LEGAL RIGHTS TO USE THE CASHLESS PAYMENT MODE IN ANY TRANSACTION. You should be aware that online payment transactions are subject to validation checks by your card issuer. We are not responsible if your card issuer declines to authorize payment for any reason.

You should not send us sensitive financial information like your credit card number by email.

Use of personal information

Through your use of our website you agree that personal information that is provided will be dealt with in accordance with our Security and Privacy Statement.

Third Party Tools and Website Links

We may use third party service providers to provide certain tools and/or programs, some of which may be housed on a third party server or a site which has been independently developed by others. As such, while accessing this site you may be linked to such other third party servers. Access to such sites or the use of any third-party tools or programs on our website are subject to all the terms and conditions found on such third party site(s). When you activate these links, you will leave our website. We are not responsible for the contents or operation of such third party sites and we do not guarantee the accuracy of any information in them, and we will not be liable for any loss or damage that you may suffer by using those websites. If you decide to access linked websites, you do so at your own risk.

Our website may contain or link to information about special offers, deals or promotions by persons not related to or part of us. We do not sponsor, recommend or approve of any such third party offers or third party material associated with those offers. Any concerns regarding any such service or resource should be directed to the particular service or resource.

Restrictions of Use

You must not use our website in any way that causes or is likely to cause access to our website to be interrupted or impaired in any way. You acknowledge and agree that you are responsible for all electronic communications sent from your computer.

When you use our website you must not either directly or indirectly or with or by any third party:

• Use our website for any purpose other than (a) as a legitimate customer or (b) for a non-commercial purpose;
• Take any action which may disrupt access to, cause damage, or interfere with the proper working of our website;
• Take any action that includes the use of any data accumulation tool, robot, spider or other automatic device or process to compile, disseminate, extract, process, monitor or copy any web pages from our website including any information, data, graphics or content;
• Use any automated process to aggregate or combine information, content or data contained within or accessible through our website with information, content or data accessible via or sourced from any third party;
• Take any action that places an unusually large load on the infrastructure of or bandwidth connecting to our website;
• Take any action that involves decompiling, reverse engineering, reverse assembling, attempting to reveal source code or other processes or formulas connected with our website and other software; or
• Copy, reproduce, alter, modify or display in public any part or content from our web site without our written approval.

Interference or entry to our website with intent to corrupt, damage or deny service from our website or for other commercial benefit shall be taken very seriously and we shall take such action as is necessary to protect our website from any such activities and to protect our intellectual property rights.

You acknowledge that damages may not be an adequate remedy for any infringement of such rights by you, and that we are entitled to avail of the remedies of injunction, specific performance, orders to deliver up infringing copies and any other statutory or equitable relief for any threatened or actual infringement and that no posting of security or proof of special damages is necessary for reliance on such remedies.

You must only use our website to:

• Obtain insurance quotes for yourself or your immediate family;
• Obtain information relating to the price of insurance cover from us for yourself or your immediate family or friends; or
• Conduct insurance related transactions or queries in respect of insurance cover for you or a member of your immediate family (with their prior consent).

You must not otherwise use our website to obtain insurance quotes or to obtain other information relating to the price of insurance cover from us or conduct other insurance related transactions or queries.

You shall not modify, translate into another language, reverse engineer, decompile, disassemble or otherwise create derivative works from the website nor insert any hyperlink to our website. The name and logo of Insurance must not be used by you in any way, including advertising or publicity relating to any material on this website.

You shall not advocate, promote or assist in the commission of any unlawful act, such as but not limited to copyright infringement, or misuse of the website. Misuse of any trademarks or any other content displayed in the website is likewise prohibited.

You agree that any and all communications that you will send via the email address you provide shall be conclusively presumed as valid, genuine and authentic statements/messages from you and/or your company. You shall hold us free and harmless from any loss, damage or liability that may result from our acting upon your email communications and/or instructions.

You also agree to indemnify us in respect of any liability incurred by us for any cost damage or expense, however caused, suffered by us as a result or consequence of your breach of these Terms of Use.

Amendment to these Terms of Use

These Terms of Use may be updated from time to time and we are not obliged to specifically contact you or notify you of any changes to our website or to these Terms of Use.

You accept that by our posting of the new terms on our website that we have provided you with sufficient notice of variation. By use of our website after any variation, you have agreed to and accepted the new Terms of Use. We suggest that you check these Terms of Use whenever you visit our website.

YOU ACCEPT THESE TERMS OF USE BY PROCEEDING TO USE AND/OR BY TRANSACTING ON THE WEBSITE.

If any provision of these Terms of Use is unlawful, void or unenforceable for any reason, the particular provision shall be deemed deleted and will not affect the validity or enforceability of the remaining terms and conditions of use.

Monitoring of telephone calls and emails

Telephone calls and email correspondence with us as a result of your access to our website may be recorded for training purposes and to assist in the prevention of fraud. By using such communication methods, you are consenting to such activities taking place.

Law and Jurisdiction

The use of this website, as well as the availment of our products and services, shall be governed by and construed in accordance with the laws of the Philippines. Any and all disputes shall be subject to the exclusive jurisdiction of the courts of Manila City.

Indemnity and waiver

If you breach these Terms of Use (including without limitation, as a result of a falsified policy delegation consent), you agree to indemnify us for any and all loss that we may suffer and for any costs and expenses that may be incurred by us as a result of or consequence of your breach.

If you breach these Terms of Use and we do not take immediate action against you, we are still entitled to enforce our rights and remedies in respect of any such breach or any subsequent breach.

My acknowledgment

You acknowledge and accept that your use of our website indicates your acceptance of these Terms of Use. These are the current Terms of Use.

They replace any previous Terms of Use published on our website. You acknowledge that we are under no obligation to specifically notify you of any variation to these Terms of Use. You accept by your use of our website after any variation to these Terms of Use, that we have provided you with sufficient notice of the variation and you are taken to have accepted the new Terms of Use.

Policies on Privacy and Unsolicited Emails

At MTPA Insurance Services we are committed to protecting your privacy as our client, and even as a visitor to this website. We are bound by, and shall comply with, the Data Privacy Act of 2012 (“Republic Act No. 10173”) and its implementing rules and regulations, other applicable Philippine laws on data privacy, as well as rules and regulations issued by the the Insurance Commission and other regulatory bodies, that uphold data privacy  (collectively, “Data Privacy Laws”).

Collection, Use, Disclosure and Recipients of Personal Information

When you visit our website (mtpainsurance.com), or submit to us your application to apply or avail of any of our services or products, or file complaints, inquiries or requests including but not limited to after-sales and claims services, we may manually or automatically collect your personal data (which may include your personal information and sensitive personal information) such as:

Your name and other particulars such as contact details, address, email address, birthday, education; specimen signatures;

Government ID details (such as Passport, TIN, SSS, GSIS, Driver’s License);

Financial information (such as insurance policies, sources of income, investments, and credit cards);

Employment details; 

Images captured via CCTV and other similar recording devices which may be observed when visiting our offices, and/or using our facilities;

Voice recordings of our conversations with you, if any;

Information about your age, health, accident, confinement, medical records, hospital records, travel itinerary, vehicle, burial, cremation, and the like that we need for us  to perform underwriting, after-sales, and claims services on your policy(ies);

Information about your insurance policy(ies), premium(s), mode(s) and type(s) of payment that we need to perform underwriting, after-sales, and claims services on your policy(ies);

Any information, whether or not personal information or sensitive personal information, that we needd to perform underwriting, after-sales, and claims services on your policy(ies); and

Non-personal information such as those provided by the device you are using (e.g. your phone) such as the IP address, operating system, browser type and version, and other machine-related identifiers.

We may use web analytic tools, including those of third parties, that use cookies to collect anonymous information and data generated in connection with your activities when you visit the Pacres Atil Insurance website (e.g. perform searches, access internal links).

Your personal data may be used, stored, processed, and disclosed by our company members to underwriters of our insurance providers as may be necessary and allowed by law (i) for legitimate purposes1,(ii) to provide services to you or implement transactions which you request, allow, or authorize, and, (iii) to comply with MTPA Insurance Services internal policies and its reporting obligations2 to governmental authorities3 under applicable laws.

These information are kept secure and only processed by concerned business units of our company.

Phishing Emails

Since the email is not entirely safe, we will not use email to get your confidential information such as account numbers, passwords, and credit card numbers. We encourage you also not to use email to provide your confidential information. An authorized Pacres Atil Insurance advisor will get in touch with you should we require confidential/other information. We will never ask you to confirm any such information by clicking on a link in an email. Should you happen to receive an email containing a purported link to our website, asking you to provide or confirm confidential information, kindly ignore this and do not attempt to access the link to get to our site. These links may take you to a spoofed site that could send all information you enter to the hacker who designed the site.

Unsolicited Email

Unless we have an existing relationship6 with you, we shall not transmit marketing emails to you without your consent. Any marketing emails that we send shall prominently display a return e-mail address and shall provide in plain language a simple procedure by which you can notify us that you do not wish to receive such emails.

Security and Retention Period

We have put in place appropriate physical, organizational, and technical controls to maintain the confidentiality, integrity, and availability of your personal data.

Your personal data will be stored in a database for no longer than five (5) years from the conclusion of your transactions with any member of Pacres Atil Insurance or until the expiration of the retention limits set by applicable law, whichever comes later, after which both physical records and digital files shall be disposed of.

Your Rights

Subject to the requirements, conditions and exemptions under the Data Privacy Laws, you are entitled to the following rights:

To be informed

• Whether personal data pertaining to you shall be, are being, or have been processed, including the existence of automated decision-making and profiling.
• Be notified and furnished with the information indicated below before the entry of your personal data into our system, or at the next practical opportunity:

Description of the personal data to be entered into the system;

Purposes for which they are being or will be processed, including processing for direct marketing, profiling or historical, statistical or scientific purpose;

Basis of processing, when you have not provided consent;

Scope and method of the personal data processing;

The recipients or classes of recipients to whom the personal data are or may be disclosed

Methods utilized for automated access, if allowed by you, and the extent to which such access is authorized, including meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing;

The identity and contact details of the appropriate Bank representative

The period for which the information will be stored; and

The existence of your rights, including the right to access, correction, and object to the processing, as well as the right to lodge a complaint before the National Privacy Commission (NPC).

• To object to processing of your personal data, including processing for direct marketing, automated processing, or profiling, and in case of changes or amendments in processing
• To access your personal data
• To require our company to correct any of your personal data, if inaccurate
• To obtain a copy of your personal data in an electronic or structured format for your further use
• To suspend, withdraw, or order the blocking, removal, or destruction of your personal data from our system. It is understood that if you exercise this particular right, Paces Atil Insurance has the right to terminate the services.
• To file a complaint with the NPC
• To be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of your personal data.

Inquiries, clarifications, or requests in relation to this Data Privacy Statement may be addressed to our  Data Protection Officer at dpo@mtpainsurance.com, or to Data Protection Officer, Unit 4, New Market Building, Natalio B. Bacalso Ave, Cebu City, Cebu, Philippines, 6000.

Changes to Our Data Privacy Statement

We may modify this Data Privacy Statement from time to time to align with changes in relevant laws and regulations as applicable. All updates will be posted in our website.

1. Purposes include but are not limited to credit and risk management, know your customer checks, prevention and detection of fraud or crime, system or product development and planning, profiling, complaints management, insurance, audit and administrative purposes, and relationship management.
2. Reporting obligations means obligations of the Group to comply with (a) Applicable Law, and internal policies or procedures, or (b) any demand and/or requests from Government Authorities for purposes of reporting, regulatory trade reporting, disclosure or other obligations under Applicable Law.
3. Governmental authority(ies) mean(s) the government of the Republic of the Philippines or a foreign country, as may be applicable, or any political subdivision thereof, and any entity exercising executive, legislative, judicial, regulatory, or administrative functions of or pertaining to the government.
4. Applicable law means any statute, law, constitution, regulation, rule, ordinance, order, decree, directive, guideline, policy, requirement or other governmental restriction or any similar form of decision of, or determination of any of the foregoing by, any national, regional or local government or political subdivision, commission, authority, tribunal, agency or entity of the Republic of the Philippines or a foreign country, as may be applicable.
5. Third party refers to a third party (local or overseas):
   That is a Governmental Authority;
   Who acquires or will acquire the rights and obligations of any member of the Group;
   Who is in negotiations with any member of the Group in connection with the possible sale, acquisition or restructuring of any member of the Group;
   Who processes information, transactions, services, insurance policies, or accounts, on behalf of the Group (including but not limited to courier agencies; telecommunication information technology companies; payment, payroll, collection, training, and storage agencies; entities providing customer support, and other similar entities);
   Who requires the information for audit and administrative purposes.
6. Existing relationship is not established by simply visiting, browsing or searching our web sites (Section 11.1 of Insurance Commission Circular Letter No. 2014-47 dated 21 November 2014 entitled Guidelines on Electronic Commerce of Insurance Products).