LEGAL

Terms & Conditions

Last Updated: 14 April 2025  ·  Effective: 14 April 2025

1. Definitions

In these Terms and Conditions, the following terms carry the meanings set out below:

2. Acceptance of Terms

By accessing the Website or submitting an enquiry form, you confirm that you have read and agree to be bound by these Terms and Conditions. If you are acting on behalf of an organisation, you confirm that you have authority to bind that organisation.

Use of this Website and engagement with etoileagee's services is intended for professionals within the insurance industry. Users must be at least 18 years of age and have the legal capacity to enter a binding agreement.

3. Service Description

etoileagee provides specialist advisory services to insurance firms operating in Malaysia. Our services concern the considered integration of AI assistance into underwriting workflows. etoileagee is an advisory firm; we do not supply software or technology platforms.

Our services are currently available to firms regulated or operating under the supervision of Bank Negara Malaysia (BNM). Engagements with firms operating outside Malaysia are subject to separate agreement.

The scope, deliverables, timeline, and price of each engagement are specified in a written scope document agreed with the client before work begins.

4. Website Use and User Responsibilities

You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of others. You must not:

Enquiries submitted through the Website should relate to the services we offer. We reserve the right not to respond to enquiries that are clearly irrelevant or that appear to be submitted in bad faith.

5. Intellectual Property

All content on this Website, including text, layout, and design, is the property of etoileagee or its licensors and is protected under applicable Malaysian intellectual property law. You may not reproduce, distribute, or republish any content from this Website without our prior written consent.

Deliverables produced by etoileagee for a client engagement are provided for the exclusive use of that client. Unless otherwise agreed in writing, ownership of deliverables transfers to the client upon full payment of the applicable engagement fee. etoileagee retains the right to reference the type and general nature of completed engagements for its own marketing and publications, without disclosing client-identifying information.

6. Payment Terms

Engagement fees are quoted and invoiced in Malaysian Ringgit (MYR). Payment terms are set out in the engagement scope document. Unless otherwise agreed, invoices are due within 14 days of issue.

Fees are non-refundable once work has commenced, unless etoileagee fails to deliver a Deliverable within an agreed timeline and the client has provided written notice of the delay. In that event, the parties will agree a revised timeline or, if agreement cannot be reached, a fair reduction of the applicable fee.

etoileagee does not apply charges beyond those stated in the engagement scope document without prior written agreement.

7. Engagement Delivery and Scope

etoileagee will deliver each engagement in accordance with the written scope document. Any material change to the scope requested by a client will be assessed for impact on timeline and fee, and a written amendment agreed before additional work proceeds.

Clients are expected to make a senior underwriter and, where the scope requires, a chief medical officer available for the sessions described in the scope document. Delays caused by client unavailability may extend the timeline without obligation on etoileagee's part.

All Deliverables are provided in writing. etoileagee will review draft Deliverables with the client before finalisation. The client has the right to raise factual corrections within seven calendar days of receiving a draft. etoileagee is not obliged to amend findings or conclusions based on preference rather than factual error.

8. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in the course of an engagement. This obligation applies during the engagement and for a period of three years after its completion.

etoileagee will not disclose client-identifying information in any publication or communication without the client's prior written consent. Aggregated or anonymised observations from engagements may be referenced in etoileagee's general publications without such consent.

9. Disclaimers

This Website and its content are provided on an "as is" basis. While we take care to ensure the information on the Website is accurate at the time of publication, we make no representation that it is current, complete, or free from error.

etoileagee's advisory services reflect the professional judgement of our advisors based on information provided to us. We do not represent that our recommendations will achieve any particular outcome. Regulatory compliance remains the responsibility of the client's own management and compliance function.

Nothing in our services constitutes legal, financial, or actuarial advice. Clients should obtain independent advice from appropriately qualified professionals on those matters.

10. Limitation of Liability

To the extent permitted by Malaysian law, etoileagee's total liability to any client arising from or in connection with an engagement shall not exceed the total fees paid by that client for the engagement in question.

etoileagee shall not be liable for any indirect, consequential, or special loss, including loss of profit, loss of opportunity, or regulatory penalties, arising from the use of our services or Deliverables.

etoileagee shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including acts of government, regulatory changes, or events of force majeure.

11. Indemnification

You agree to indemnify and hold harmless etoileagee and its advisors from and against any claims, losses, or expenses (including reasonable legal fees) arising from your use of the Website in violation of these Terms or from any misrepresentation made by you in connection with an engagement.

12. Termination

Either party may terminate an engagement by giving 14 days' written notice to the other. Where etoileagee terminates an engagement, fees for work completed up to the termination date are payable. Where a client terminates after work has commenced, fees for work completed are payable.

On termination, etoileagee will deliver any Deliverables completed or substantially completed at the termination date. Confidentiality obligations survive termination.

13. Governing Law and Dispute Resolution

These Terms and any engagement between etoileagee and a client are governed by the laws of Malaysia. The courts of Malaysia shall have exclusive jurisdiction over any dispute arising from these Terms or any engagement.

Before commencing formal proceedings, the parties agree to attempt to resolve any dispute through good-faith discussion. A party wishing to raise a dispute shall give written notice to the other, and the parties shall meet (in person or by video call) within 14 days to attempt resolution.

14. General Provisions

Entire Agreement: These Terms, together with any engagement scope document, constitute the entire agreement between the parties and supersede all prior discussions or agreements relating to the subject matter.

Severability: If any provision of these Terms is held to be unenforceable, the remaining provisions shall continue in full force.

Waiver: Failure by either party to enforce any provision of these Terms does not constitute a waiver of the right to enforce that provision in future.

Assignment: etoileagee may assign its rights under these Terms to a successor entity. You may not assign your rights under these Terms without etoileagee's prior written consent.

Notices: Written notices under these Terms should be sent by email to the relevant contact address for each party. For etoileagee, the address is [email protected].

15. Changes to These Terms

etoileagee may update these Terms from time to time. The updated version will be published at this URL with a revised "Last Updated" date. Continued use of the Website after publication of updated Terms constitutes acceptance. For active engagements, changes to Terms do not affect the terms of existing scope documents unless both parties agree in writing.

16. Contact

Questions about these Terms should be addressed to: