Online Services - Terms and Conditions Agreement
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
Now therefore , for good and valuable consideration , the
sufficiency of which is hereby acknowledged,
Parties agree as follows:
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
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
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
You means the Customer and/or any individual accessing this Facility, and
the word ‘Your’ will be construed accordingly.
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
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.
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
in the singular shall include the plural and vice versa.A reference to one
gender shall include a reference to the other genders.
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.
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.
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.
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
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.
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.
You accept that any Transaction will only be
completed as and when the process is successfully concluded and thereafter
acknowledged by OIC.
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.
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).
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.
hereby undertake to have clearly understood and to be in agreement that:
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.
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.
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.
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.
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.
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.
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.
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.
further agree and fully authorize :
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;
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;
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
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.
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
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.
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.
Of Account Transactions
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.
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.
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.
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.
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.
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.
shall not be liable for any action taken by You based on or relying on the
information provided in or by the Facility.
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.
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
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.
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.
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.
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
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.
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.
between the Parties
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.
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
to the Terms
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.
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
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.