Online Services - Terms and Conditions Agreement

These terms and conditions should be read, understood and accepted by You (as defined below) before using any of the Online Services provided hereunder. This is a legally binding contract between You and Oman Insurance Company P.S.C. (‘OIC’) establishing the terms and conditions under which the Online Services may be used. This Facility is offered to You on the condition that You accept this Agreement without modification or reservation or qualification of or in respect of any of the terms, conditions and notices contained herein prior to using, accessing and/or browsing this Facility. The use of the Facility implies that You have fully read, understood and accepted these terms and conditions.  These terms and conditions are in addition to the terms and conditions as applicable to Your use of the website.

If (a) You are not the Customer or do not have the legal authority to bind the Customer or to act on behalf of the Customer, or (b) If you are not in agreement to any the terms and conditions as mentioned in this Agreement, then you are instructed to discontinue and ‘Decline’ immediately these terms and conditions.

Now therefore , for good and valuable consideration , the sufficiency of which is hereby acknowledged,

The Parties agree as follows:

1              Definitions and Interpretation

1.1                 Definitions:  

In this Agreement, the following words and phrases have the meanings set opposite them unless the context indicates otherwise:

Customer means any natural or legal person enquiring or applying for an Insurance Policy through online Facility (whether or not an insurance Policy is issued) and/or wishes to conduct a Transaction through the Facility

Facility means the use of and access to the OIC Technology which enables You to view, read, enter Customer details and material information, enquire about OIC Products, complete and submit the Proposal Form. The use of this Facility is only intended for strict business use.

Intellectual Property means all current and future legal and/or equitable interests in copyrights, database rights, confidential information, stationary, stamps, logos , trademarks, patents, designs or other Intellectual Property rights

 

OIC Technology means the technology of OIC including but not limited to, the computer software and hardware; online access to websites, webpages , webchat facility, computer  software and/or hardware; programmes, data banks, accessories, electronic risk selection criteria, underwriting and ratings guidelines and manuals provided and/or accessed to by the User to enable him to perform its obligations as agreed to under this and/or other agreement(s) between the Parties;

 

Online Service means any or all of the functionalities and modules of the Facility available to You

 

Personal Information means all or any of the information of provided by the User and/or the Customer to OIC during the Transaction including as in the Proposal Form, and as updated from time to time.

 

Policy means a policy of insurance issued or to be issued by or on behalf of OIC to a Customer in accordance with OIC’s underwriting criteria;

 

Proposal Form refers to the details entered and submitted through the Facility for underwriting consideration of OIC along with any other data/information as available/provided to OIC  whether verbally or in writing (whether or not through the Facility). The Proposal Form will be the basis of any respective Policy to be issued by OIC to the Customer.

Products means the insurance products to be offered by OIC through this Facility in respect of which OIC may issue an Insurance Policy to the Customers in accordance with its underwriting criteria;

Receiving Party means a Party to this Agreement that receives Confidential Information directly or indirectly from a Disclosing Party;

Service means any or all of the functionalities and modules of the Facility available to the User

 

Transaction means the transaction initiated (whether or not concluded) by the User for enquiring and/or applying for an insurance Policy through the Facility and/or any other instruction as provide by the User to OIC through such Facility

You means the Customer and/or any individual accessing this Facility, and the word ‘Your’ will be construed accordingly.

 

1.2                       A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal representatives, successors or permitted assigns. A reference to any “Party” shall include that Party's personal representatives, successors or permitted assigns.

1.3                       A reference to a document is a reference to that document as varied, amended, extended , supplemented  or novated (in each case, other than in breach of the provisions of this Agreement) and shall include any document which is supplemental to or expresses to be collateral with or is entered into pursuant to , or in accordance with the terms of the Agreement. Any amendments, modifications, addendums to this Agreement shall form an integral part of this Agreement and shall be construed therewith.

1.4                       A references to a “law” or “regulation” shall be construed as encompassing any laws, regulations, decrees, rules or guidelines issued by a relevant governmental body, department, agency or regulatory as may apply to the subject matter of this Agreement

1.5                       Words in the singular shall include the plural and vice versa.A reference to one gender shall include a reference to the other genders.

 

2                  Use of Facility

2.1                       The Facility is deemed to be in use or is being accessed by You when it is loaded and/or continues to be loaded in temporary or permanent memory of Your computer or similar system or in the internet browser thereof.

2.2                       You expressly agree that You will not impersonate any individual/entity while using this Facility. You use of the Facility is solely for enquiring and/or applying for specific insurance Policy only and such use of the Facility is at Your sole risk. The Facility is provided on an "as is" and "as available" basis. You agree to abide by all UAE laws while using the Facility including while posting any enquiry on the web-chat module.

2.3                       You will be responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required at Your end for accessing and using the Facility, and for all communications service fees and charges incurred by You in accessing or availing the Facility.

2.4                       You hereby irrevocably authorize OIC to accept and act upon instructions for Transactions given to OIC and You will be bound by all such instructions and Transactions initiated or concluded through the Facility including submission of Proposal Form , payment of all related premiums, charges, expenses as required or requested by OIC

2.5                       You accept that the cut-off time for a business day is the same as OIC's normal business hours in the UAE from Sunday to Thursday. All requests received after the cut-off time or on a bank holiday may be deemed to have been received on the following business day.

2.6                        You agree that OIC shall in no circumstances be liable for any loss or damage arising from requests submitted to OIC where the time of receipt of such requests by OIC does not fall during the normal business timings of OIC.

2.7                       You accept that any Transaction will only be completed as and when the process is successfully concluded and thereafter acknowledged by OIC.

2.8                       In consideration for access to the Facility and for Your use of the Facility, You agree to, provide true, accurate, and current and complete information and data and all other information as prompted or required by the Facility.

2.9                       If You provide any information that is untrue, inaccurate, not current or incomplete, or not kept current, or if OIC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OIC has the right to suspend or terminate the Facility including Your subscription or Your access to the Facility (or any portion thereof).

2.10                    In the event that any untrue or inaccurate information or information not current or complete has formed the basis of any Transactions, the said Transactions shall be either voidable at the option of OIC, or wherever applicable or necessary void. In the event of not providing true, correct and complete data and information the Facility could also fail or be deficient.

2.11                    You hereby undertake to have clearly understood and to be in agreement that:

(i)     If any detail mentioned and/or declared to OIC through the Facility including the submitted Proposal Form is found fraudulent and/or unfounded, OIC reserves its right to forfeit all benefits payable under the Policy and/or consider the Policy as void at OIC’s sole discretion without recourse to the Customer.
(ii)    The observance by the Customer of the terms of the issued insurance Policy and the truth of statements and answers by You/the Customer in the Proposal Form and/or any other material information provided through the Facility shall be condition precedent to any liability of OIC. If the circumstances in which the Insurance Policy was issued are materially altered without the written consent of OIC, the Insurance Policy may be considered null and void.

2.12                    You hereby acknowledge that OIC is required to comply with relevant provisions of sanctions and the anti-money laundering and anti-terrorist financing laws of United Arab Emirates (UAE) and are subject to UAE Insurance Authority Board Resolution No. (1) of 2009 pertaining to Anti Money Laundering and Combating Financing of Terrorism, as well as all related laws and instructions issued by the UAE Central Bank from time to time and You agree to provide all relevant details/records to OIC promptly upon OIC’s request.

2.13                    Any Transactions initiated by You shall be deemed to be that of and initiated by You and OIC is not responsible for any misuse of the Facility or the Services. It is Your responsibility to ensure that no unauthorised person has access to its computer unattended whilst accessing the Facility. If third parties gain access to the Facility or any of the Services offered as part of the Facility through your computer, You shall be deemed to be responsible and You hereby agree to fully indemnify and hold harmless OIC against any liability, costs or damages arising out of claims or suits by or against such third parties based upon or relating to such access and misuse. Under no circumstances shall OIC or anyone involved in creating, producing, delivering or managing the Facility be liable for any direct, indirect, incidental, special or consequential damages that result from the use of the Facility including any of the Services.

2.14                    In the event of any conflict in the premium amount (whether displayed or paid) through the Facility and the actual premium amount required by OIC for issuance or renewal of Your insurance policy, the actual premium amount as required by OIC for issuance or renewal of Your insurance policy shall at all times supersede and prevail. For avoidance of doubt, You clearly understand that premium payment through the Facility does not mean or imply issuance of applied insurance policy. You also understand and agree that OIC will not be under any obligation or liability till such times the required premium amount has been received by OIC in full and based on OIC’s underwriting criteria and decision the insurance policy has actually been issued by OIC. OIC is further not liable for any delayed Transaction or non delivery or non issuance of the applied insurance policy for any reason whatsoever.

2.15                    By using a credit or debit card to pay any premium amount, You confirm that the card being used is Yours and has been legitimately obtained from either a licensed bank or any other financial institution duly licensed to issue such cards. In the event of any decline of payment authorisation by your credit card issuer, OIC shall not be under any obligation to either inform You of the reason for the refusal or even decline of Transaction.

2.16                    Unless otherwise mentioned, all premium amount displayed on the Facility are in UAE Dirham. OIC shall not be responsible for your card issuer or bank charging You as a result of processing of your credit card payment through the Facility including any currency conversion charges.

2.17                    You understand that your Transaction will only be completed when OIC acknowledges and separately confirms to You that the specific Transaction has been successfully concluded. If in doubt, You are advised to call our toll free number to obtain updates/confirmations.

2.18                    You further agree and fully authorize :

i.         OIC to use any of its approved verification agencies to make references/inquiries about or related to You from any source of information, or any person or entity nominated herein;

ii.        all financial institutions, bank, debt collection agencies, credit bureaus or any other person or entity to disclose and provide OIC with any information requested about or related to You as in its possession;

iii.      OIC , at any time and at its absolute discretion, to use and/or disclose the particulars and information provided in the Insurance Policy or the application or any information relating to Your liabilities towards OIC, or any other financial information including any breach of obligations or defaults (including in premium payment or repayment) or any other financial information to any other entity, organization, financial institutions or banks, debt collection agencies or credit bureaus;

iv.       OIC and its associate partners to contact You anytime (including electronically through email, sms or telephone) for seeking any additional information and/or for providing any additional information whether related to the Insurance Policy and/or informing about any other OIC’s products or promotions;

v.     OIC to use and/or transfer any of Your personal data to its service providers/third parties as may be required by OIC to perform its obligations.

 

2.19                    For any requests or issues related to any premium paid through the Facility, You should contact OIC in person with at least the below information:

o    Insurance Policy number, date of Transaction and the amount of premium paid through the Facility;

o    Your detailed contact information and proof of relationship with insured (if different);

o    Proof of premium payment through the Facility eg. Your credit card statement;

o    Explanation of reason for refund;

o    Any relevant supporting documents

 

2.20                    Notwithstanding the above, You hereby acknowledge that premium refunds are subject to the detailed terms and conditions of respective Insurance Policy, which You hereby re-confirm to have completely read, understood and agreed upon prior to paying any premium through this Facility.

2.21                    You hereby acknowledge that it may take up to 30 business days post receiving your premium refund request for OIC to process the request and/or further communicate with You.

3                  Evidence Of Account Transactions

3.1                       OIC's own records of the Transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes. More particularly, the record of OIC generated by the Transactions, including the recording of the time of the Transactions shall be conclusive proof of the genuineness and accuracy of the Transactions.

4                  Restrictions on Use

4.1                       You agree not to use this Facility or the Facility for any illegal purpose or in any manner inconsistent with the Agreement or UAE laws. You agree not to use, transfer, distribute or dispose of any information contained in the Facility in any manner that could compete or conflict with the business interest of OIC or otherwise compromise or imperil the interests of OIC. You acknowledge that the Facility has been developed, compiled, prepared, revised, selected and arranged by OIC through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property of OIC and may also include trade secrets of OIC and such others. You agree to protect at all times the proprietary rights of OIC and all others having rights in the Facility at all times and to comply with all reasonable written requests made by OIC or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Facility.

5                  Disclaimer of warranties

5.1                       You specifically agree that any misuse or negligence caused by You under this Agreement will entitle OIC to take suitable action against You and others engaged in such acts under civil, criminal and/or common law for damages and/or punishment. You agree to indemnify and keep OIC indemnified at all times from all losses, damages, costs, expenses, loss of profits, loss of business, proceedings, actions, suits (including legal fees) caused to or suffered by OIC as a direct or indirect consequence of Your actions, including due to breach of this Agreement, error, negligence or default.

5.2                       OIC shall not be responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographic errors, disruption, delay, interruption, failure, deletion, defect of any information, research, reports, analysis, quotes etc in this Facility or any part thereof.

5.3                       OIC shall not incur any liability direct or indirect, to You or any third party, as a consequence of non-functioning of any equipment belonging to You, any third party or us. We shall not be responsible for any downtime of such equipment.

5.4                       OIC does not warrant or guarantee that access to the Facility and the Facility will be uninterrupted, timely, secure, or error free; nor does OIC make any warranty or guarantee as to the results that may be obtained from the Facility or use of the Facility or as to the accuracy or reliability of the Facility.

5.5                       OIC shall not be liable for any action taken by You based on or relying on the information provided in or by the Facility.

5.6                       OIC will not be liable for any virus that may enter Your system as a result of You using the Facility. OIC makes no warranty to You or third parties that the Facility will be virus free. OIC will not be liable for any direct, incidental or consequential loss, which may be caused to You as a result of Your use of the Facility / Facility.

5.7                       If You are dissatisfied with the Facility or any portion thereof, the Facility or with any of the Agreement  terms and conditions, Your sole and exclusive remedy is to discontinue using this Facility

5.8                       OIC reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Facility to reflect users' preferences.

6                  Limitation of liability

6.1                       Under no circumstances, including but not limited to negligence, shall OIC, its employees and directors, its suppliers and its third party advisors be liable to You for any direct, indirect, incidental, special or consequential damages or any damages whatsoever including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss), arising out of or in any way connected with the use/delivery/performance of this Facility, with the delay or inability to use this Facility or any links or items on the Facility, the provision of or failure to provide Services, or for the content obtained through this Facility, or otherwise arising out of the use of this Facility, whether based on contract, tort, strict liability or otherwise, or for cost of procurement of substitute goods and repair and correction services or resulting from the use of this Facility or obtained or messages received or transactions entered into through or from the Facility or resulting from unauthorized access to or alteration of Your transmissions or data, even if OIC has been advised of the possibility of such damages.

6.2                       You agree that OIC shall not be liable for any damages arising from interruption, suspension or termination of the Facility, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.

7                  Term

7.1                       The term of this Agreement shall be one (1) year from the Effective Date (the “Term”) and shall renew automatically on the date of its anniversary, unless terminated in accordance with the Termination clause. If an insurance Policy has been issued pursuant to a Transaction initiated through this Facility, then the term of this Agreement shall be valid upto the term of the respective insurance Policy as issued to the Customer. 

8                  Termination

8.1                       OIC reserves the right, in its sole discretion, to terminate the User’s use of the Facility and/or any of the Services immediately without giving any prior notice to the User.

9                  Waiver

 

9.1                       No failure or delay on the part of OIC to exercise any power, right or remedy under this Agreement shall operate as a waiver thereof, nor shall any partial exercise by OIC of any power, right or remedy prevent any other alternative exercise thereof or the exercise of any other power, right or remedy. The remedies provided in this Agreement are cumulative and are not exclusive of any remedies provided by law.

 

10                Relationship between the Parties

10.1                    Nothing herein shall be deemed or construed by the Parties hereto nor by any third Party as creating a partnership, an agency relationship or of joint venture between the Parties or any of their respective agents hereto.  For the avoidance of doubt, neither Party has power nor does authority under this Agreement to bind the other Party nor make promises or representations in any circumstance whatsoever on behalf of the other Party.

 

11                Severability

 

11.1                    Each of the provisions of this Agreement are severable from the others and if at any time one or more of such provisions is or becomes illegal, invalid or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired.

12                Changes to the Terms

12.1                    OIC reserves the right to make changes to this Agreement from time to time, to address changes including as required by the law or regulatory changes or as required due to changes to functionality offered through the Facility. Your continued use of the Facility after the date the changes are advised to You will constitute your acceptance to such modified terms.

 

13                Governing Law

 

13.1                    This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United Arab Emirates. Each of the Parties will submit to the exclusive jurisdiction of the courts of United Arab Emirates

 

The User confirms having read, understood and accepted the above terms and conditions in acknowledgement of which he/she has submitted this agreement to OIC by clicking the “I Accept” button.