WEBSITE TERMS AND CONDITIONS OF USE
By accessing this web site (‘Website’), you are agreeing to be bound by these terms and conditions and all applicable laws and regulations, which you hereby represent and warrant to have read, understood and to be in agreement with in full. Additional terms of use may apply in accessing/using certain select features of the Website eg. initiating webchat, making payments etc. You will be required to read understand and agree in full to such additional terms of use before proceeding that particular module/section.
If you do not agree with any of these terms, you are prohibited from using or accessing any further this Website and you must immediately exit from the Website.
The contents of this website including, but not limited to the text, graphics, images, links and sounds are the property of Sukoon Insurance PJSC and is protected by copyright. Sukoon Insurance PJSC reserves all copyright, trademark, patent, intellectual and other property rights in the information contained in this site and/or any of Sukoon developed applications. Any unauthorized use or reproduction of the information, materials and proprietary rights contained in the Sukoon Insur
1. License
Permission is granted to temporarily access and download one copy of the relevant materials as available on the Website for your personal, non-commercial transitory viewing only. The materials contained in this Website are protected by applicable copyright and trademark law.
This is the grant of a license, not a transfer of title, and under this license you may not
- Modify or copy any materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software/ feature/ link/ access contained or accessed through the Website;
- Remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or "mirror" the materials on any other server.
In the event you temporarily download any material from the Website for your own personal and non-commercial use then you agree to ensure that:
- No documents or related graphics on such downloaded material are modified in any way;
- No graphics, text etc. are used separately from the corresponding text/graphics; and
- Sukoon's copyright and trademark notices appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by Sukoon Insurance PJSC (hereinafter referred to as "Sukoon") or its licensors. For the purposes of these conditions of use, any use of extracts from the Website other than in accordance with these terms are for any purpose is prohibited.
If you breach any of the terms in these conditions of use, without prejudice to the rights and remedies available to Sukoon, your permission to use the Website automatically terminates and you must immediately destroy any and all downloaded or printed extracts from the Website.
No part of the Website may be accessed/reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Sukoon's prior written permission.
You hereby acknowledge that you have not relied and will not rely upon any representation of fact or opinion contained on the Website.
Any data/report/ information on the Website about health/medical or healthcare is only for general information purposes and does not in any way constitute medical advice or a substitute for you to meet or seek medical advice / assistance. Sukoon shall not be liable for any circumstances arising from the use, misuse, interpretation or application of any such generic information posted on the Website.
You are hereby cautioned and advised not to use any information on the Website, whether in whole or in part, for the purposes of diagnosis or treatment or any kind of illness for any reason whatsoever and in all cases to seek professional medical opinion.
The information on this website is provided for general information only and should not be used as a basis for making business decisions or claims. Sukoon makes no warranties or representations as to the accuracy, adequacy or completeness of the information contained on the website. The information and materials on this website and the terms, conditions and descriptions that appear are subject to change without notice. Not all products or services described on the website are available in all geographical areas and you may not be eligible for some, or all the products and services described herein. You may not be eligible for all the products and services described. Eligibility for products and services will be at the discretion of Sukoon and subject to applicable criteria and terms and conditions of the Sukoon. Sukoon may withdraw, suspend or restrict any service or product listed on this website at its sole discretion.
Unless expressly acknowledged to the contrary by Sukoon, any data/ information/ material you transmit or post to the Website shall be considered non-confidential and non-proprietary. Sukoon shall have no obligations with respect to such material. Sukoon and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use material such as data, images, sounds and text embodied therein for any and all commercial or non-commercial purposes. Any information or material submitted to Sukoon Insurance PJSC via this site or internet or through electronic mail is deemed the property of Sukoon Insurance PJSC.
2. Disclaimer
The materials on Sukoon's website are provided "as is". Sukoon makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Sukoon does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its web site or otherwise relating to such materials or on any sites linked to this site.
Any product or service description on the Website is not intended to constitute offers to sell or solicitations in connection with such products or services. Sukoon does not represent or warrant that all of its products or services shall be available at all of its offices or all geographies, at all times.
While Sukoon endeavors to ensure that the Website is normally available 24 hours a day, Sukoon shall not be liable if for any reason the Website is unavailable at any time. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond Sukoon's control. Sukoon does not assume any liability for timely, trouble-free and uninterrupted access to the internet.
You are solely responsible for maintaining the security and integrity of your computer and information systems. This includes, without limitation, safeguarding all usernames and passwords, and ensuring that your devices are equipped with up-to-date and effective antivirus software and firewall protections. Sukoon shall not be liable for any loss or damage arising from your failure to comply with these obligations.
3. Limitations
In no event shall Sukoon or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Website, even if Sukoon or any of its representative has been notified orally or in writing of the possibility of such damage.
You are prohibited from posting or transmitting to or from the Website any material:
- That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- For which you do not have necessary consents, licenses and/or approvals; or
- Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- Which is technically harmful (including, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
Sukoon shall fully co-operate with any law enforcement authorities or court order requesting or directing Sukoon to disclose the identity or locate anyone posting any material in breach of these terms.
You must not misuse the Website (including, without limitation, by hacking).
4. Revisions and Errata
The materials appearing on the Website may include technical, typographical, or photographic errors. Sukoon does not represent or warrant that any of the data/ information/ materials on its web site are accurate, complete, or current. Sukoon may make changes to any of the data/ information / materials contained on its Website at any time without giving any prior notice.
Sukoon does not, however, make any commitment or assurance to update any materials and/or to keep any such data/ information / material updated.
Sukoon reserves the right to modify, discontinue or substitute any features of the Website or to suspend or discontinue the Website at any time without notice and without liability to you.
5. Links
There may be links to third party websites on the Website. Such third-party links on the Website are provided solely for your convenience. If you use these links, you leave the Website. Sukoon has not reviewed these third-party sites linked on/ to/ from the Website and is not responsible for the contents of any such linked site. Sukoon therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. The inclusion of any link does not imply endorsement by Sukoon of the site. Use of any such linked web site is at the user's own risk and all liabilities associated or arising from such third-party sites are hereby disclaimed.
6. Promotions, Offers or Third-Party Offers
The Website may refer or guide you to certain promotional offers. Such promotional offers may only be applicable to certain select customers and by virtue of such offer being posted or being available on the Website does not entitle you to be eligible to claim/redeem such offer. Each such promotion/ offer may have different eligibility terms and conditions which you would need to qualify to be eligible to avail the promotion/offer. You are hereby advised to contact us for more details on terms and conditions including detailed eligibility terms as applicable on such offers or promotions. In the event any such offer or promotion is provided through or by a third party then Sukoon shall not be liable to you in any way for any acts, errors or omissions of such third-party partner.
7. Terms of Modifications
Sukoon may revise these terms of use for its website at any time without notice. By using this Website, you are agreeing to be bound by the then current version of these terms and conditions of use.
8. Online Quotations & Online Insurance Policy – Additional Terms
By providing information to us, you confirm that all data you give us is accurate. If you provide any information that is untrue, inaccurate, out-of-date or incomplete, or if Sukoon has reasonable grounds to suspect that such information is untrue, inaccurate, out-of-date or incomplete, it may result in any underlying transaction including any quotation/insurance policy (if issued) being declared null and void at the complete discretion of Sukoon and it may also result in legal action. Sukoon reserves its right to cancel, de-activate or suspend your access to the Website at any time without prior notice where you contravene these Terms.
All premium amounts, which are stated on this website or in any quotations are indicative and subject to change, and do not, and are not intended to, constitute either an offer to buy or sell nor a representation that a purchase or sale can be affected at that price. In the event of any conflict in the premium amount (whether displayed or paid) through the Website and the actual premium amount required by Sukoon for issuance or renewal of your insurance policy, the actual premium amount as required by Sukoon for issuance or renewal of your insurance policy shall at all times supersede and prevail. The receipt of any enquiry/request for quotation does not create any obligation upon Sukoon to underwrite the risk. Sukoon will not be liable until it has underwritten the risk and specifically issued the insurance policy/verified and completed the underlying transaction. Sukoon retains the right to decline, reject, suspend, put on hold or request more clarification/information on any requests for quotation/ proposal/transaction request submitted through the Website. You understand that the quoted amounts may increase or decrease and terms and conditions may be amended/supplemented on the basis of an underwriting risk assessment done by Sukoon. The availability of any information, advice and guidance, if any, on the Website, does not constitute a recommendation or representation by Sukoon to buy any insurance policy. Any decision to purchase an insurance policy will and should be based solely on your own evaluation of your requirements and the terms, conditions and exclusions of the policy offered by Sukoon.
Sukoon's own records of the enquiries/transactions maintained through its own/its service provider’s computer systems or otherwise shall be accepted as conclusive and binding for all purposes. More particularly, the record of Sukoon generated by the underlying requests/transactions, including the recording of the time of the underlying request/transactions shall be conclusive proof of the genuineness and accuracy of the underlying request/transactions.
By providing any personal information through this Website, you ensure that you are duly authorised by relevant persons to provide such personal information to Sukoon. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
9. Refund Policy
We may transfer, store, process and/or deal with your Personal Data outside the UAE for one or more of the purposes including as permitted under UAE Data Protection Laws. We implement appropriate technical and organizational measures to ensure that any Processing of your Personal Data is undertaken securely and in compliance with the UAE Data Protection Laws. Some countries outside UAE may not have adequate protection for Personal Data under the laws that apply to us. We will wherever necessary ensure that suitable safeguards are in place before we transfer your Personal Data to outside UAE which do not have adequate protection as determined under UAE Data Protection Laws, for example by signing specific contractual clauses to maintain adequate protection with such entities. In doing so, we will comply with the UAE Data Protection Laws.
10. Liability
Sukoon, any other associated party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of Sukoon's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, and whether in tort, including without limitation negligence, whether contractual or otherwise, in connection with the Website in any way, such as through the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. If your use of Website or any downloaded material results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. Sukoon Insurance PJSC neither assumes nor accepts liability for any loss or damage (whether direct or indirect), howsoever caused, as a result of any computer malware/viruses/ransomware/etc. which may infect a user's computer equipment/environment arising from the use of this website or any of Sukoon apps.
11. Indemnity
You agree to indemnify and keep indemnified Sukoon and its officers, employees, agents and contractors (those indemnified) in respect of any claim, liability, loss, damage, costs (including legal costs) or expenses which those indemnified may suffer or incur as a direct or indirect result of your breach of these terms or your intentional or negligent or fraudulent acts or omissions or misconduct in connection with any online services provided by Sukoon.
12. Governing Law
These terms and conditions of use including any claim relating to Sukoon's website shall be governed by and construed in accordance with the onshore federal laws of the United Arab Emirates (UAE) - which, for avoidance of doubt, excludes the laws of DIFC, ADGM or any other freezones. Disputes arising in connection with the terms and conditions of use shall be subject to the exclusive jurisdiction of the onshore Dubai Courts (which, for avoidance of doubt, excludes the Courts of DIFC, ADGM or any other freezone Courts).
For Online Quotations & Online Insurance Policy, following Terms Additionally apply.
ONLINE TERMS AND CONDITIONS OF USE
These terms and conditions agreement (‘Agreement’) 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 Sukoon Insurance PJSC (“Sukoon”) 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 You under your Policy terms and conditions and/or any other agreement if entered between You and Sukoon, wherein in the event of a conflict between any term and conditions of this Agreement and any other agreement, the terms and conditions of this Agreement shall supersede and prevail.
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, and/or (b) If you are not in agreement to any of the terms and conditions as mentioned in this Agreement, and/or (c) if you are not a UAE resident then you are instructed to discontinue and ‘Decline’ immediately these terms and conditions and contact us on our toll-free number to obtain your policy quotation/details.
Now therefore for good and valuable consideration, the sufficiency of which is hereby acknowledged.
The Parties agree as follows.
1. Definition and Interpretation
1.1 Definitions
In this Agreement, the following words and phrases have the meanings set opposite them unless the context indicates otherwise:
Business strategies, business arrangements, computer and network operations, functions and systems architecture; or
Any technical, financial, or commercial information; or
Any information that would be regarded as confidential by a reasonable person; or but not including any information that:
i. Is or becomes generally available to the public other than as a result of its disclosure by the Receiving Party or its representatives in breach of this Agreement or of any other undertaking of confidentiality addressed to the Party to whom the information relates (Except that any compilation of public information in a form not publicly known shall Nevertheless, be treated as Confidential Information); or
ii. The Parties agree in writing is not Confidential Information or may be disclosed; or
iii. It was available to the Receiving Party on a non-confidential basis prior to the disclosure by the Disclosing Party
Disclosing Party means a Party to this Agreement which discloses directly or indirectly confidential Information to the other party.
Facility means the use of and access to Sukoon Technology which enables You to conduct various Transactions include but are not limited to viewing, reading, enter Customer details and material information, enquire about Sukoon Products, complete and submit the Transaction Forms, pay premium, print your Insurance Policy, invest/redeem/ switch Funds, view your fund details, etc.
Intellectual Property means all current and future legal and/or equitable interests in copyrights, database rights, confidential information, stationery, stamps, logos, trademarks, patents, designs or other Intellectual Property rights.
Sukoon Technology means the technology of and/or provided by Sukoon and/or accessed by the User to conduct various Transactions and/or to enquire about Sukoon’s Products including but not limited to the computer software and hardware; online access to websites, webpages, webchat facility, computer software and/or hardware; programs, data banks, accessories, electronic risk selection criteria, underwriting, and rating guidelines, and manuals provided and/or accessed to by the User including 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 provided by the User and/or the Customer to Sukoon during the Transaction including as in the Proposal Form, and as updated from time to time.
Policy or Insurance Policy means a policy of insurance issued or to be issued by or on behalf of Sukoon to a Customer in accordance with Sukoon’s underwriting criteria.
Products mean the insurance products offered by Sukoon through this Facility.
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 any transaction/inquiry initiated (whether or not concluded) by the User through the Facility, including but not limited to enquiring, generating any quotation, and/or applying for an insurance policy through the Facility, switching, investing, redeeming any Fund, view Funds’ performance, generate various reports, statements, and/or any other instruction as provided by the User to Sukoon through such Facility.
Transaction Form refers to the details entered and submitted through the Facility for underwriting consideration of Sukoon along with any other data/information as available/provided to Sukoon whether verbally or in writing (whether or not through the Facility). The details submitted through the Transaction; Form will be the basis of issuance/amendment of any insurance policy to be/issued by Sukoon to the Customer.
User/ 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 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.
1.5 A reference to a “law” or “regulation” shall be construed as encompassing any UAE 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.
1.6 Words in the singular shall include the plural and vice versa. A reference to one gender shall include a reference to the other genders.
1.7 The headings contained in this Agreement are for convenience only and shall not be interpreted to limit or otherwise affect the provisions of this Agreement.
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 the temporary or permanent memory of Your computer or similar system or in the internet browser thereof.
2.2. Should You require any further clarification or support at any stage on the Facility including the transaction, you are instructed not to proceed and to contact the support/contact numbers of Sukoon and/or its service provider for further assistance.
2.3. You expressly agree that You will not impersonate any individual/entity while using this Facility. Your use of the Facility is solely for enquiring and/or applying and/or printing/amending 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 inquiry on the web-chat module if any.
2.4. 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.
2.5. You hereby irrevocably authorize Sukoon to accept and act upon Transactions instructed to Sukoon 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 Sukoon.
2.6. You accept that the cut-off time for a business day is the same as Sukoon's normal business hours in the UAE from Monday to Friday. All requests received after the cut-off time or on a bank holiday will be deemed to have been received on the following business day.
2.7. You agree that Sukoon shall in no circumstances be liable for any loss or damage arising from requests submitted to Sukoon where the time of receipt of such requests by Sukoon does not fall during the normal business timings of Sukoon.
2.8. You accept that any Transaction will only be completed as and when the process is successfully concluded and thereafter acknowledged by Sukoon.
2.9. In consideration for access to the Facility and for Your use of the Facility, you agree to, provide true, accurate, current, and complete information and data and all other information as prompted or required by the Facility.
2.10. If You provide any information that is untrue, inaccurate, not current or incomplete, or not kept current, or if Sukoon has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Sukoon has the right to suspend or terminate the Facility and/or Your quotation and/or Your Policy (if issued) and/or Your access to the Facility (or any portion thereof).
2.11. In the event that any untrue or inaccurate information or information not current or complete has formed the basis of any Transactions including in the issuance Policy, the said Transactions shall be either voidable at the option of Sukoon, or wherever applicable or necessary void ab-initio. In the event of not providing true, correct, and complete data and information the Facility could also fail or be deficient.
2.12. You hereby undertake to have clearly understood and to be in agreement that:
a. If any detail is mentioned and/or declared to Sukoon through the Facility including the submitted. Proposal Form is found fraudulent and/or unfounded, Sukoon reserves its right to forfeit all benefits payable under the Policy and/or consider the Policy as void/void ab- initio at Sukoon’s sole discretion without recourse to the Customer.
b. 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 Sukoon. If the circumstances in which the Insurance Policy was issued are materially altered without the written consent of Sukoon, the Insurance Policy may be considered null and void.
c. Please ensure that you are at all times in compliance with the Policy terms and conditions, which at all times shall supersede and prevail.
2.13. You hereby acknowledge that Sukoon is required to comply with relevant provisions of sanctions and the anti-money laundering and anti-terrorist financing laws of United Arab Emirates (UAE) including those issued by UAE Insurance Authority 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 Sukoon promptly upon Sukoon’s request.
2.14. Any Transactions initiated by You shall be deemed to be that of and initiated by You and Sukoon is not responsible for any misuse of the Facility or the Services. It is Your responsibility to ensure that no unauthorized 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 Sukoon 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 Sukoon 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.
2.15. The receipt of the filled-up Transaction request/form and payment of any amount/ premium by Sukoon does not create any obligation upon Sukoon to underwrite the risk. Sukoon will not be liable until it has underwritten the risk and specifically issued the Policy/verified and completed the Transaction. Sukoon retains the right to decline, reject, suspend, put on hold, request more clarification/information on any proposal/Transaction submitted through the Facility You understand that the quoted amounts may increase or decrease and terms and conditions may be amended/supplemented on the basis the underwriting risk assessment done by Sukoon. The availability of any information, advice, and guidance, if any, on the website, does not constitute a recommendation or representation by Sukoon for buying any policy. Any decision to purchase a policy will and should be based solely on Your own evaluation of Your requirements and the terms, conditions, and exclusions of the Policy offered by Sukoon. Any submission/intimation of the claim form does not constitute acceptance of liability by Sukoon.
2.16. In the event of any conflict in the premium amount (whether displayed or paid) through the Facility and the actual premium amount required by Sukoon for issuance or renewal of Your insurance policy, the actual premium amount as required by Sukoon for issuance or renewal of Your insurance policy shall at all times supersede and prevail. For the avoidance of doubt, you clearly understand that premium payment through the Facility does not mean or imply issuance of the applied insurance policy. You also understand and agree that Sukoon will not be under any obligation or liability till such times the required premium amount has been received by Sukoon in full and based on Sukoon’s underwriting criteria and decide the insurance policy has actually been issued by Sukoon. Sukoon is further not liable for any delayed Transaction or non-delivery or no-issuance of the applied insurance policy for any reason whatsoever.
2.17. By using a credit or debit card to pay any amount/charges through the Facility, 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 a payment authorization by your credit card issuer, Sukoon shall not be under any obligation to inform You of the reason for the refusal and Sukoon may decline that Transaction.
2.18. Unless otherwise mentioned, all amount/charges displayed on the Facility are in UAE Dirham. Sukoon shall not be responsible for your card issuer or bank charging You, as a result, of processing your credit card payment through the Facility including any currency conversion charges.
2.19. You understand that your Transaction will only be completed when Sukoon 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.
2.20. You further agree and fully authorize:
a. Sukoon 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.
b. All financial institutions, banks, debt collection agencies, credit bureaus, or any other person or entity to disclose and provide Sukoon with any information requested about or related to you as in its possession;
c. Any of Your past/present employer/business associates, any person, institution, medical practitioner(s)/hospitals/laboratories/medical providers, insurance companies, financial institutions to release to Sukoon all details, records, facts, and information (including claim history/details, KYC records, AML-CTF & FATCA details) as required anytime by Sukoon for any reasons whatsoever including for assessment, underwriting of risk, and/or for processing of claims.
d. Sukoon, 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 our liabilities towards Sukoon, 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.
e. Sukoon 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 Sukoon’s products or promotions.
f. Sukoon to use, process, and/or transfer (including outside UAE/Qatar/Oman/our office locations) any of Your personal data/Personal Information to its service providers/third parties as may be required by Sukoon to perform its obligations.
2.21. For any requests or issues related to any amounts/charges paid through the Facility, you should contact Sukoon in person with at least the below information:
a. Insurance Policy number, date of transaction, and the amount of premium paid through the Facility.
b. Your detailed contact information and proof of relationship with the insured (if different)
c. Proof of premium payment through the Facility e.g. Your credit card statement.
d. Explanation of reason for issues/concerns.
e. Any relevant supporting documents
2.22. Notwithstanding the above, you hereby acknowledge that premium refunds are subject to the detailed terms and conditions of the respective Insurance Policy, which You hereby re-confirm to have completely read, understood, and agreed upon prior to paying any premium through this Facility. You hereby acknowledge that if at all the Policy terms allow any premium refund then it may take up to 30 business days post receiving your premium refund request for Sukoon to process the request and/or further communicate with You.
2.23. You hereby declare and accept that Sukoon is under no obligation and assume no responsibility for defamatory, libelous, slanderous, falsehood, obscene, pornographic, profane, or any dangerous content posted on or through the Facility by You or any other person/the third party. You hereby understand and undertake not to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or hate material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You hereby understand that Sukoon will fully cooperate with any law enforcement authorities or court order requesting or directing Sukoon to disclose the identity of anyone posting any such information or materials.
2.24. Any quotation displayed through the Facility is valid for that time period once it is generated and may only be used during this period to complete the transaction of purchase of a Policy. You agree that You shall be the sole and exclusive use of any quotation generated on Your behalf using Your personal information and You accept sole responsibility for the use, confidentiality, and protection of the same. Sukoon will be required to share the quotation details generated by You to third-party service providers for processing the Transactions including for initiating premium payments. Please note that quotations should not be revealed to any third party/person. Sukoon would be entitled at its sole discretion to seek offline written or other confirmation from You regarding any Transaction carried out through the Facility. Under no circumstances Sukoon or anyone involved in creating, producing, delivering, or managing the Facility therein, shall be liable to You for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Services which are provided on the Facility or out of any breach of any warranty.
2.25. You hereby further agree to pay to Sukoon any charges/amounts for use of Facility if and as and when applied by Sukoon from time to time.
2.26. Any third-party links or pointers to external websites maintained by others are "third-party sites" and are meant for convenience only. Sukoon has no control over such sites and resources and is not responsible for the availability of such external sites or resources and does not endorse and assumes no responsibility or liability for any content, advertising, products, or materials on or available from such sites or resources. Sukoon assumes no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource. In no event will Sukoon be liable to any party for any direct, indirect, special, or other consequential damages for any use of this website, or any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages. If you find anything inappropriate on any third-party site, please inform us immediately.
3. Electronic Communications
3.1. The Online Services is an electronic, internet-based service. There are risks associated with utilizing internet and short messaging system (SMS) based services, which you are hereby advised and cautioned.
3.2. All communications in either electronic or paper format will be considered to be "in writing". You must print a paper copy of any important electronic communication and retain the copy for their records.
3.3. You agree to promptly update your registration records, including if Your e-mail address, mobile number, or other information changes.
3.4. Communications may be posted on the pages of the Online Service, Sukoon’s website, and/or delivered to the e-mail address provided by You. Any electronic Communication (including SMS/emails) will be deemed to have been received by You when Sukoon sends it to You irrespective of whether You receive the e-mail/SMS or not. If the communication is posted on the Online Service, then it will be deemed to have been received by You no later than two (2) Business Days after Sukoon posts the communication on the pages of the Online Service, whether or not You separately retrieves the communication. Electronic communication by e- mail is considered to be sent at the time that the Sukoon e-mail server to the appropriate e- mail address directs it. An electronic communication made by posting on the pages of the Online Service is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving electronic communications.
3.5. In order to access and retain Communications, you must maintain a valid e-mail account and email. Software capable of reading Sukoon’s e-mails.
3.6. As part of Services, you hereby give your unconditional consent to Sukoon and/or its service providers to contact You and to send to You SMS notifications (including for marketing/promotional notifications) on your mobile/landline telephone/emails. You agree to receive any number of such notifications at any time and during any time within the day or night.
3.7. Sukoon shall not be responsible for any network failure by the network provider or any transmission. The error of any failure of such notification not being received by you.
3.8. You understand and acknowledge that Charges for receiving such notifications will be completely borne by You which may include mobile roaming charges and/or other additional charges if any charged by a non-UAE service operator.
3.9. You hereby agree to fully indemnify Sukoon and its service providers against any and all actions, proceedings, liability, costs, charges, losses, or damages (including legal costs) it may suffer in connection with the provisions of electronic notification or as a result of any transaction over the GSM network in connection with such electronic notifications.
3.10. You must immediately notify Sukoon of any loss or theft/hacking of Your mobile/email account, and you shall from the time of notification stop providing such notification to that mobile telephone/email account.
3.11. Sukoon will not in any way be responsible or liable for any loss, damage, or other consequence arising from:
a. Non-delivery of any notification for any reason including as a result of Your mobile telephone being switched off, lost, or stolen; or
b. Delivery of an electronic notification to a party other than You if the mobile telephone or SIM card is not in Your possession or control for any reason whatsoever (whether with or without your consent), or
c. Delivery of a message to another mobile telephone due to the act or omission or error of the Sukoon, its employees, officers, or agents, or any third party (including without limitation any service provider), or the use and provision of the electronic notifications service in any way.
3.12. Sukoon accepts no liability for any loss or damage arising directly or indirectly from actions taken or not taken by You or any third party in reliance on material or information contained in a message sent to You electronically.
3.13. You acknowledge that any fund value/balance given to You electronically through the use of the electronic notification shall not for any purpose whatsoever be taken as a conclusive statement of Your balance and if need be, You must reverify the same with the Sukoon branch.
3.14. Under no circumstances shall Sukoon 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.
4. Evidence of Account Transactions
4.1. Sukoon's own records of the transactions maintained through its own/its service provider’s computer systems or otherwise shall be accepted as conclusive and binding for all purposes. More particularly, the record of Sukoon 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.
5. Restrictions on Use
5.1. 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 Sukoon or otherwise compromise or imperil the interests of Sukoon. You acknowledge that the Facility has been developed, compiled, prepared, revised, selected, and arranged by Sukoon and/or its service provider through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes the valuable intellectual property of Sukoon and/or its service provider’s and may also include trade secrets of Sukoon/its service providers and others. You agree to protect at all times the proprietary rights of Sukoon/its service provider’s and all others having rights in the Facility at all times and to comply with all reasonable written requests made by Sukoon or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Facility.
5.2. You agree to notify Sukoon in writing promptly upon becoming aware of any unauthorized access or use of the Facility by any party or of any claim that the Facility infringes upon any copyright, trademark, or other contractual, statutory, or common law rights
5.3. You shall not:
a. Reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify, transmit, perform, publish or create derivative works from or in any way exploit any of the Facility / The facility in violation of the Agreement or the laws of UAE.
b. Create a database in electronic or structured manual form by systematically downloading and storing the entire Facility or part thereof save and except such information as relates or concerns you.
c. Rent, lease, sell, sublicense, or lend Your access to the Facility and to the Facility.
d. Cache or permit caching by any person.
e. Do any act that violates Sukoon’s or its service provider’s intellectual property rights in the Facility or the Facility.
f. Engage in any fraudulent, abusive, or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain any private information of any use.
g. Use the Facility or the Facility to violate the security of any computer or computer network, crack passwords or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity.
h. Run mail list or any form of auto-responder, or spam on Facility or any processes that are run or are activated while You are not logged on or engage in any virus attack or denial of service attached or engage in any activity designed and/or intended to interfere with the working of Facility/Facility for any duration of time.
6. Disclaimer of warranties
6.1. You irrevocably and unconditionally accept that any Transaction and/or instruction made or given through the Online Services will be entirely at Your own risk and responsibility. Sukoon’s record of any Transaction or instruction processed in connection with Online Services will be binding and conclusive evidence of such Transaction or instruction for all purposes.
6.2. You agree that all security procedures used and implemented by Sukoon are reasonable and adequate. You shall safeguard and ensure that the security procedures are kept secret at all times and shall diligently safeguard from disclosure and/or use by any other person(s), any authentication methods/devices, not to be disclosed to any third parties or unauthorized personnel. You are hereby advised:
a. You may not have access to the Facility 24 hours/7 days; there will be some planned and/or unexpected shutdowns during operating and non-operating hours. You acknowledge that such shutdowns may result in either partial or no access to the Online Services. Sukoon reserves the right to record in its information systems all data concerning any communication or action relating to any Transactions. Sukoon will use reasonable endeavors to execute Transactions/instructions as soon as these are received from You and accepted by Sukoon’s information systems but does not guarantee any indicated turnaround time. The date and content of each Transaction/instruction will be verified by any means available to Sukoon.
6.3. You specifically agree that any misuse or negligence caused by You under this Agreement will entitle Sukoon 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 Sukoon 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 Sukoon as a direct or indirect consequence of Your actions, including due to a breach of this Agreement, error, negligence or default
6.4. Sukoon 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, or quotes, etc. in this Facility or any part thereof.
6.5. Sukoon 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.
6.6. Sukoon does not warrant or guarantee that access to the Facility and the Facility will be uninterrupted, timely, secure, or error-free; nor does Sukoon 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.
6.7. Sukoon shall not be liable for any action taken by You based on or relying on the information provided in orby the Facility.
6.8. Sukoon will not be liable for any virus that may enter Your system as a result of You using the Facility. Sukoon makes no warranty to You or third parties that the Facility will be virus-free. Sukoon 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.
6.9. 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.
6.10. Sukoon 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.
6.11. If any Transaction could not be completed, Sukoon and/or its service provider, upon learning that such transfer or payment has failed, will make reasonable efforts to complete the transaction. Sukoon does not guarantee good and timely execution of Transactions and will not be liable for any direct, indirect, incidental, special, or consequential damages for failure to complete any Transaction under the Online Services, which was not intentional and resulted from a bona fide error, notwithstanding the Bank's procedures, to avoid such error, for instance: Sukoon shall not be obligated to inform You of a failure to affect any payment or execute any Transaction. Sukoon may at any time request from You written confirmation of submitted Transactions. You declare that none of its Transactions shall contribute to the laundering of criminal proceeds, and You assume responsibility for the authenticity and lawfulness of your Transactions.
7. Indemnification
7.1. The Online Services are provided entirely at Your risk and You agree to indemnify, defend and hold harmless Sukoon, its service providers, affiliates, partners, officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages, and/or costs (including but not limited to, attorney's fees) arising from Your use of the Online Services and Sukoon’s reliance on the information, Transaction, instruction, license, and/or authorization provided by You under or pursuant to these terms and conditions Agreement, Your violation of the terms and conditions of this Agreement or Your infringement, or infringement by any other user of Your personal details, of any Intellectual Property or another right of any person or entity, usage of the Services, Sukoon acting on the Transaction/instructions, any damage to Your system, or any third party and/ or Your misuse/improper use/access of the Online Services as granted by Sukoon, for failure to provide any or all of the facilities available under the Online Services including any technical malfunction/breakdown. Sukoon does not guarantee the accuracy, completeness, and timeliness of information set out or included on the Online Services and any information set out or included through the Online Service is subject to amendment, variation, and change from time to time.
8. Limitation of liability
8.1. Under no circumstances, including but not limited to negligence, shall Sukoon, its employees and directors, its suppliers, and its third-party advisors are 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 Sukoon has been advised of the possibility of such damages.
8.2. You agree that Sukoon 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.
8.3. You agree that the Online Services are provided exclusively for Your benefit. Sukoon shall not be held liable in any manner or form, for providing the Online Services, including but not limited to, any of the following:
a. If you are unable to access and/or utilize the Online Services due to any reason including any technical, communication, or network malfunction or breakdown;
b. For any loss or damage that may arise or be incurred directly or indirectly by reason of Sukoon carrying out any Transactions or instructions or from any malfunction or failure of the Online Services.
c. For any partial, incomplete, late, or failed transfer, remittances to any payee/beneficiary/third party nominated under the Online Services due to any reasons beyond Sukoon’s control.
9. Intellectual Property and Sukoon Technology
9.1. All Intellectual Property, Sukoon Technology materials, documents, and other computer software and hardware belonging to Sukoon and/or relating to business conducted under this Agreement and in Your possession shall at all reasonable times be available to Sukoon and its duly authorized representatives for inspection and audit.
9.2. If this Agreement is terminated or notice of termination is given, such Intellectual Property, Sukoon Technology, materials, documents computer software, and hardware belonging to Sukoon and in Your possession must be delivered by You to Sukoon within thirty (30) days from the day on which the Agreement is terminated.
9.3. Sukoon hereby grants to You a non-exclusive, personal, royalty-free non-transferable, no assignable right to use within the United Arab Emirates such of Sukoon’s Intellectual Property and Sukoon. Technology as may be provided by Sukoon to You for the purposes of this Agreement (the Sukoon Deliverables). Notwithstanding the rights granted to You under this Agreement, Sukoon shall retain all ownership rights, title, and interest (including, without limitations, all worldwide intellectual property rights) in the Sukoon Deliverables, provided further that You covenants and agrees not to use the Sukoon Deliverables otherwise than in connection with and in furtherance of the performance of its obligations under this Agreement.
9.4. You further covenant and agrees that You will take adequate care of Sukoon Technology at all times and will ensure adequate care and accuracy of data being entered into and/or referred from Sukoon technology and/or Sukoon’s Intellectual Property.
9.5. You should assume that everything You see or read or hear or experience on the Facility (including but not limited to directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, profiles, audio clips, video clips, trademarks, service marks and the like, (collectively " the Content") is copyrighted / protected by intellectual property rights laws unless otherwise mentioned and may not be used except as provided in this Agreement.
9.6. Subject to the foregoing provisions, you shall not use or make use of any of Sukoon’s and/or its service provider’s Intellectual Property, name, trademarks, service marks, or logos without first obtaining the written consent and approval of Sukoon.
10. Confidentiality
10.1. The Receiving Party shall not at any time without the prior written consent of the Disclosing Party:
a. Utilized, copy employ, or use in any manner any of the Confidential Information otherwise than in furtherance of its obligations under this Agreement;
b. Disclose any of the Confidential Information to any third party, other than to any of the Receiving Party’s Representatives who are reasonably required in the course of their duties to receive and acquire the same and who are made aware of the confidentiality provisions contained in this Agreement. The Receiving Party shall be primarily liable for any breach of these provisions by any of its Representatives; and
c. Make any copies of the Confidential Information or reproduce it in any form except for the purpose of utilizing the same for the furtherance of obligations under this Agreement and/or supplying the same to those whom disclosure is permitted in accordance with this agreement.
10.2. The Receiving Party shall take every reasonable precaution to maintain the confidentiality of Confidential Information.
10.3. A Party may disclose Confidential Information to the extent required by law, by any governmental or other regulatory authority, or by a court or other authority of competent jurisdiction provided that, to the extent, it is legally permitted to do so, it gives the other Party as much notice of such disclosure as possible.
11. Term
11.1. 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 a quotation or an insurance policy has been issued pursuant to a transaction initiated through this Facility, then the term of this Agreement shall be valid up to the term of the respective quotation and/or insurance policy as issued to the Customer.
12. Termination
12.1. Sukoon reserves the right, in its sole discretion, to terminate the User’s use of the Facility and/or any of the Services with immediate effect without giving any prior notice to the User.
12.2. Without limiting any other right or remedy that Sukoon may have under these terms and conditions Agreement or otherwise, should a need be, Sukoon reserves the right to suspend Your right to use the Online Services, immediately and without prior notice to You. In the event of any such temporary suspension, the Customer may request reinstatement of the facilities by contacting Sukoon. Sukoon reserves the right in its sole discretion to grant or deny Your reinstatement to use any of the facilities or the Online Services.
13. Data Privacy
13.1. Sukoon Insurance PJSC (hereinafter referred to as “Sukoon”) respects your privacy and is committed to protecting it. Sukoon abides by UAE Federal Data Protection regulations as is applicable to Sukoon within UAE. By providing any instructions you hereby confirm to have read and consented to Sukoon processing your data in accordance with Sukoon’s data privacy policy as published on https://www.sukoon.com/privacy-policy (“Privacy Policy”).
14. Waiver
14.1. No failure or delay on the part of Sukoon to exercise any power, right, or remedy under this Agreement shall operate as a waiver thereof, nor shall any partial exercise by Sukoon 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 bylaw.
15. Relationship between the Parties
15.1. 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 a joint venture between the Parties or any of their respective agents hereto. For the avoidance of doubt, neither Party has the 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.
16. Severability
16.1. Each of the provisions of this Agreement is 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.
17. Changes to the Terms
17.1. Sukoon 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 the functionality offered through the Facility or for any other reasons at the sole discretion of Sukoon. Your continued use of the Facility after the date the changes are advised to You will constitute your acceptance to such modified terms.
18. Governing Law
18.1. 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 exclusively governed by and construed in accordance with the onshore laws of Dubai, United Arab Emirates (which for avoidance of doubt excludes laws of DIFC/ADGM/or any other free zones). Each of the Parties agree to submit to the exclusive jurisdiction of the onshore courts of Dubai, United Arab Emirates (which for avoidance of doubt, excludes Courts of DIFC/ADGM/or any other free zones).
The User confirms having read, understood, and accepted the above terms and conditions in acknowledgement of which he/she has submitted this agreement to Sukoon by clicking the “Accept” button and/or proceeding to conduct Transaction through the Facility.
