Online Usage Agreement
IMPORTANT NOTICE This website, Tawuniya.com.sa (the "Website") is intended only for use by clients of Tawuniya (the "Insurance Company"). Use of the Website by a competitor company or other non-consumer third party is prohibited. As used in this Usage and Service Agreement (the "Agreement"), "We" "Our" or "Us," as the context requires, means Tawuniya, all its affiliates and subsidiaries, including without limitation all the respective officers, directors, employees, agents and licensors. Please read this Agreement carefully. We recommend that You print a copy of this Agreement for Your records. To print a copy of this Agreement, select "Print" from below. As a client of the Insurance Company, you may access through this Website for up-to-date information about the insurance policies you ("You"/"Your") have with the Insurance Company by clicking on the link to Your account. You may use this Website to request the processing of transactions, such as renewals, endorsements requests and/or also to send complaints. You may use this Website only under the terms and conditions of use set forth below. Please click "I Agree" where indicated below to accept this Agreement. Please click "I Disagree" below if You do not want to use this Website on the terms and conditions below. If You select "I Agree" and use this Website, You are agreeing to the terms and conditions of use below. If You select "I Disagree," You cannot use this Website. IF YOU ARE UNABLE TO ACCESS THIS WEBSITE: You may continue to obtain information about Your insurance policy by calling the Customer Service Center Toll Free number 800 1249990 for further information. Telephone numbers can be found under the section "Contact us" from the homepage. You can still obtain information about Your insurance portfolio, send endorsement requests or view Your claim status during regular business hours by calling Your Insurance Company Representatives. You may review this Agreement at any time in the future by clicking on the "Usage and Service Agreement" link that appears on the bottom of every screen. If You are a corporate client of the Insurance Company and choose to use this Website, We will send You a letter confirming that You have agreed to participate in this service in accordance with this Agreement. The confirmation letter will be mailed to You by first class mail at Your address shown on the registration screens. Terms and Conditions of Use 1. Not Personalized Investment Advice This Website does not provide personalized insurance advice or legal advice and must not be relied upon by You in that regard. The provision of information, services and products do not constitute a representation that Your use of this Website or any action You may take or refrain from taking as a result of such use is suitable for You. All information available to You on or through this Website is provided for informational purposes only. Also, neither this Website nor any information contained in this Website shall constitute an offer or solicitation to purchase a product or service. The information provided do not constitute a contractual and official statement of account and should not be solely relied on to make a financial decision about Your insurance policy or contract with the Insurance Company. You acknowledge and agree that Your decision to use any information, services or products available on or through this Website or to take any action or refrain from taking any action as a result of Your use of this Website will be Your decision alone, based solely on Your own evaluation of Your financial circumstances, potential value and suitability of the transactions You make, and will be made independently of, and without relying on, any recommendation of or solicitation by the Insurance Company Advisors or any of its representatives. 2. Security and Passwords This Website can only be accessed with the personal password distributed to You or the password You selected, as applicable. You are responsible for protecting Your password from unauthorized use. Please do not permit anyone else to use Your password. We cannot be responsible for transactions undertaken on instructions that We reasonably believe came from You (including instructions received through this Website from anyone using Your password). 3. Your Responsibilities Please call the applicable Customer Service number provided immediately if You discover any of the following: i) You have lost or forgotten Your Password; ii) Any unauthorized person may have learned or used Your Password; iii) Any information appears to be inaccurate or incorrect; iv) You do not receive written confirmation of a transaction; v) You receive a confirmation which is incorrect; or vi) You receive a confirmation for a transaction You did not initiate. 4. Directions: Use of Website; Access Devices; Privacy i) Directions: Please follow directions carefully. If You are unclear about any directions, please contact Customer Service Center or Your Insurance Company Advisor directly for assistance. We will not be responsible for any transaction if You do not properly follow all directions. Transaction requests for Your insurance policies or contracts from the Insurance Company may only be made electronically in accordance with the instructions provided, or by the other means set forth in this Agreement. We reserve the right to refuse to process any transaction if Your request is unclear or if it is not permitted by the terms of Your insurance policy or contract issued by the Insurance Company. We also reserve the right to refuse to process any transaction requested through this Website and/or block access to this Website if We have reason to believe that the instructions being given are unauthorized, or the general security and/or integrity of the system is being compromised. ii) User Conduct: You warrant and agree that You shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other user's use of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided on or through the Website. Your use of the Website is at Your own risk. iii) Use of Access Devices: With the exception of applications commonly known as web browser software, or other applications formally promoted, endorsed or approved by Us in writing, You agree not to use any software, program, application or any other device to access or log on to the Website or to automate the process of obtaining, downloading, transferring or transmitting any market information or tools, or any other content, materials or information to or from the Website. iv) Privacy: This Agreement incorporates by reference the terms of our Privacy and Security Statement. 5. Information and Services Not Guaranteed We will attempt to have this Website and the services described above available seven days a week. We will also attempt to provide accurate information on it at all times. However, We do not guarantee that this Website and the services described above will function without interruption or that all information provided will be accurate or complete. All information is subject to possible correction. This Website is not all-inclusive, and the opportunity to request transactions through it is being provided as an accommodation. Information about some of the products of Your Insurance Company may not be available. If You are unable to get such information from this Website, please call the Customer Service Center number toll free at 800 1249990. Information provided has been prepared from sources and data which We believe to be accurate but We make no representation as to its accuracy or completeness. 6. Disclaimer of Warranties ALL INFORMATION AND SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. WE CANNOT AND DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIM WITH RESPECT TO THIS WEBSITE AND ITS INFORMATION, TOOLS, SERVICES AND CONTENT ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING AVAILABILITY, ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY REPRESENTATIONS OR WARRANTIES ARISING FROM USAGE OR CUSTOM OR TRADE OR BY OPERATION OF LAW. WE DO NOT WARRANT THAT THE WEBSITE OR THE INFORMATION, CONTENT, SERVICES, TOOLS OR MATERIALS THEREON WILL BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, ACCURATE, COMPLETE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE OR ANY PORTION THEREOF WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY DESIRED RESULTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER VERBAL OR WRITTEN, OBTAINED BY YOU FROM US OR ON OR THROUGH THE WEBSITE SHALL CREATE ANY OBLIGATION ON, OR WARRANTY BY, US NOT EXPRESSLY MADE HEREIN. ANY USE OF THIS WEBSITE IS AT YOUR OWN RISK. OTHER THAN AS REQUIRED BY APPLICABLE CONSUMER PROTECTION LAW OR INSURANCE LAW, IF ANY, WE SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION ON THIS SITE FOR ANY INJURY, LOSSES, CLAIM OR DAMAGES, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL RESULTING FROM YOUR USE OR MISUSE OF, OR RELIANCE ON, ANY SUCH INFORMATION. 7. Quotes You may use this Website to obtain quotes for additional insurance features or products. 8. Limitation of Liability We will not be liable if You are unable to obtain access to this Website or if information provided is inaccurate or incomplete or if an order You place or transaction You request cannot be completed or cannot be completed in a timely manner due to systems problems, power failures, telecommunications failures, scheduling requirements or other circumstances beyond Our control. We will not be liable for any claims or damages of any nature, arising out of or relating to either the use of or the content, materials, tools, services or information of this Website, including, but not limited to, any decision made or action taken by You in reliance thereon, or any loss or injury caused in whole or in part by negligence, interruptions of service, or by contingencies beyond Our control, breaches of security resulting from Your failure to ensure the confidentiality of Your personal information, including Your password, breaches of security by third parties, information reported through this Website obtained from third parties or for any types of damages (such as, but not limited to, direct, indirect, consequential, special, incidental, punitive or exemplary damages), even if advised of the possibility of such damages. Under no circumstances, nor for any cause of action including negligence or other tort, breach of contract, breach of warranty or strict liability, shall We or anyone else involved in creating, producing, delivering or managing this Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use this Website and/or service, information, materials, content, services, or tools offered on this Website, including for lost profits, lost revenue or lost data, even if We are made aware of the possibility thereof. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability. 9. Proprietary Rights As between You and Us, We and/or Our third party service or content providers own, solely and exclusively, all rights, title and interest in and to the Website, all the information, content, code, tools, services and materials thereon, including but not limited to the market information, the user interface ("the look and feel"), design and organization of the Website, and the compilation of the content, code, information and materials on the Website, including, but not limited to, all intellectual property and proprietary rights therein or thereon. Your use of the Website does not grant to You ownership of, or any other rights in or to any of the foregoing. You may use and view the content, tools, services, materials and information on the Website solely for Your own, internal, personal and lawful purposes on a single personal computer, and make a single copy or printout of the content, materials or information on the Website for Your individual use only. You may not otherwise copy (including without limitation by spidering or screen scraping), reproduce, distribute or otherwise exploit any content, code, information, services, tools or materials on the Website. Commercial use or exploitation of the Website or any portion thereof is strictly prohibited. If You use the Website other than as provided above, You may violate copyright laws, international treaties and may be subject to civil and criminal liability for such unauthorized use. 10. No Offer Neither this Website nor any information provided by this Website shall constitute an offer or solicitation to sell any product, service or security. The information provided does not constitute a contractual and official statement of Your account. 11. Linking from This Website to Other Websites In the event You use the services or the links included on this Website to gain access to a World Wide Website or Internet location or source of information of any company, organization or person other than the Insurance Company, You acknowledge that such other sites or locations have not been developed by and are not under the control of the Insurance Company and agree that the Insurance Company shall not be responsible for any information or other links found at any such World Wide Website or Internet location or source of information, or for Your use of such information. The Insurance Company provides such links only as a convenience to You, and has not tested any software or verified any information found at such sites, including the content of any prospectus or sales literature contained on such sites (except with respect to a prospectus or sales literature prepared by the Insurance Company). The fact that this Website provides a link to another site does not signify an endorsement of the site or its contents by the Insurance Company, or constitute a recommendation by the Insurance Company. 12. Amendment, Modification and Waiver of this Agreement These terms and conditions are the entire agreement between Us and You with respect to its subject matter, superseding all prior or contemporaneous agreements or representations, oral or written, and may be modified by Us at any time without prior notice or by notice through the display of the modified Agreement on this Website. You agree that if You use this Website after such changes in this Agreement, You will be bound by all such changes. The failure of the Insurance Company to exercise or enforce any right or provision of these terms and conditions of use shall not constitute a waiver of such right or provision. 13. Indemnification You agree to defend, indemnify and hold Us (and Our directors, officers, employees, control persons, vendors, licensors and agents, which with Us are the "Indemnified Parties") harmless from any and all claims, actions, losses, liabilities, costs, expenses or damages (including reasonable attorneys’ fees and expenses) in any way arising out of or related to Your use of the Website, including but not limited to Your use of content, tools, services, market information or any other information or other materials offered on or provided through the Website; Your breach or alleged breach or violation of applicable laws or regulations; Your breach of Your agreements, representations and warranties contained in this Agreement; or the use of this Website by other persons who have obtained Your password or whom You otherwise allow to access Our services (including Your accounts). All indemnifications in this Agreement shall be binding upon You and Your executors, administrators, heirs, successors and permitted assigns. While using the Website, You shall not: (a) affect, restrict, limit, inhibit any other person from using the Website; or (b) post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, derogatory or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, violate any applicable law or regulation, or damage the goodwill and repute of the Insurance Company; or (c) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or commercial schemes of any kind or engage in "spamming", "spoofing" or "flooding"; or (d) post or transmit any software or material which contains any "virus", "trojan horse", "worm", "data bomb", "logic bomb" or any other similar component. 14. Severability and Choice of Law If any provision or condition of this Agreement shall be held to be invalid or unenforceable by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and this Agreement shall be carried out as if any such invalid or unenforceable provision or condition were not contained herein. This Agreement is governed by the laws of the Kingdom of Saudi Arabia, without giving effect to its conflicts of law provisions. Any cause of action You may have with respect to this Website must be commenced within one year after the claim or cause of action arises. 15. Headings are Descriptive The heading of each provision hereof is for descriptive purposes only and shall not be deemed to modify or qualify any of the rights or obligations set forth in each such provision. 16. Recording Conversations and Monitoring E-mail For our mutual protection, You understand, agree, and expressly consent to Our electronic recordation of any of Your telephone conversations with Us and to Our monitoring of Your electronic communications conducted with Us. 17. Termination of Service We may block access to this Website without prior notice in the event We elect to discontinue such service on a temporary or permanent basis or in the event that You breach this Agreement. We also reserve the right to block access to this Website if We have reason to believe that the general security and/or integrity of the system is being compromised. You will remain responsible for the payment of all charges incurred in Your account or with respect to Your insurance policy before termination becomes effective. 18. Trademarks All trademarks, services marks, trade names, logos, and icons (collectively, "Marks") are proprietary to Us or Our affiliates, licensors or agents (including third party service or content providers). Other third-party products and brand names may be trademarks or registered trademarks of their respective owners, and may not be affiliated with Us. Nothing contained in these terms and conditions, on the Website or through Your use of the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on or through the Website or in any content, tools, services, information or materials on, or available through, the Website without Our written permission or the permission of such third party that may own the Marks. Your use of the Marks displayed on the Website or in any content, tools, services, materials or information on, or available through, the Website, except as provided herein, is strictly prohibited, and We grant no licenses with respect thereto. Any rights not expressly granted herein are reserved. 19. Additional Disclosure PROCESSING OF INSURANCE POLICY TRANSACTIONS You may use the Website to effect transactions with regard to Your insurance policy. We will process insurance policy or annuity contract transactions You request through the Website in a timely manner. Written confirmation of specific transactions will be promptly sent to You by first class mail (or electronically if You are enrolled in our electronic delivery service and elect to receive transaction confirmations electronically). Updated information about Your insurance policy or contract reflecting the transactions made will generally be available at the Website and from the Customer Service Center on the following Business Day.