TERMS & CONDITIONS
Set out below are the important terms and conditions which govern the usage of the website. You are requested to read and understand the Terms and Conditions carefully as they affect your rights and imposes certain pre-conditions and duties to be fulfilled before usage of the website and its services.
“Broker”means Viva Insurance Brokers LLC a company incorporated under the laws of the United Arab Emirates and having its principal office at 206 Al Khaimah Building, Deira, Dubai, United Arab Emirates.
“Company” means Compare for Benefit DMCC, a company incorporated and existing under the laws and regulations of the of Dubai Multi Commodities Centre, Dubai, United Arab Emirates, Dubai, UAE and having its principal office at 304, HDS Tower, Cluster F, JLT, Dubai, United Arab Emirates, and any other person or business to whom the said company may legally transfer its rights under these Terms and Conditions.
“Insurance Product” means an insurance policy listed on the Website and includes any other insurance related product which may be listed on the Website from time to time.
“Insurer” means any participating insurer or insurance service provider who have listed their Insurance Product on the Website.
“Services” and means and includes the services as stated in the ‘Scope of Services & Fees’ section herein below.
“Third Party Providers” includes any person who shall advertise any goods or services on the Website and includes the payment provider through which the User shall make payment for the purchase of Insurance Product.
“User” means any person including any company, partnership, body corporate, or group or association who visits the Website, irrespective of whether they do or do not avail any Services available on the Website.
“Website” means www.compare4benefit.com, whether available in a desktop or mobile version, and also includes any mobile or desktop application providing access to the same.
The User shall before purchase or making payment for any the Insurance Product read the terms and conditions as set out by the Insurer which shall be applicable to the Insurance Product, the model policy document, and any other document to understand the scope and structure of the Insurance Product.
The Website is to be used by residents of the United Arab Emirates (hereinafter referred “the UAE”). Users of this Website from outside of the UAE shall be using the Website at their own risk and such User shall be responsible for compliance with local laws of such User’s jurisdiction.
The User agrees that the Company may at any point assign its rights and liabilities under these Terms & Conditions.
This Website will not deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of the UAE.
No party shall be bound by any undertakings, representations, warranties, promises which are not recorded in writing. If any provision of these Terms & Conditions is found by a court of law to be invalid or void such provision will be severed from these Terms & Conditions, without affecting the remainder of the provisions hereof.
No indulgence, leniency or extension of a right, which either of the parties may have in these Terms & Conditions, shall not be deemed to be waiver or discharge unless such waiver or discharge is agreed to in writing the parties.
3. Scope of Services & Fees
The Website provides the service of search, comparison, and classification of information relating to various Insurance Product, which is based on the information provided by the Insurer.
The Website does not provide any advice or make any recommendation in relation to any Insurance Product, Insurer or Broker or such related services. The information provided on the Website is only for the convenience of the User. The Company does not make any offer to sell or solicit the User to purchase any Insurance Product on the Website. The Company does not act as an agent of the Broker or Insurer. The User by providing necessary information makes an offer to purchase the Insurance Product (on the terms and conditions as specified by the Insurer) which may be accepted or rejected by the Insurer. The payment of the premium or purchase price of Insurance Product is made to the Broker directly via the payment provider, with no involvement or control of the Website or the Company. The Company does not claim any responsibility in respect of the terms and conditions as applicable to the Insurance Product or in respect to any services provided by the Broker/Insurer. Any claim under any Insurance Product shall be made under the terms and conditions as applicable to the Insurance Product and shall not concern the Company and the Website in any manner whatsoever.
The Company reserves its right to deny access to Website by blocking action or otherwise to any User or deny any Service or decline any request for Service to any User without giving any prior notice or assigning any reason.
The decision whether or not to purchase any Insurance Product is solely on the User. The User may seek independent professional advice before acquiring or making payment for any Insurance Product or availing any services of the Broker or Insurer through the Website or otherwise.
4. Warranties & Representation of the User
The User warrants and represents to the Company and the Broker that: (i) the User is not below the age of 18 years and is legally capable and duly authorised for entering into a contract;
(ii) the User has made a complete and truthful disclosure of all information, existing circumstances and documents, including those which may not have been specifically requested by the Insurer, but which shall have a direct impact on the decision of the Insurer to sell or to refuse the Insurance Product to the User, or which may or may impede, impair the ability Insurer to full fill its obligations and commitments under the Insurance Product.
(iii) the User has completely read and satisfied himself as to the scope, structure, and payment of the Insurance Product before purchasing the Insurance Product or making payment for it.
5. Disclaimers by the Company
The Company and/or its directors, officers, employees, affiliates, or agents shall not be responsible for any loss or damages whether directly or indirectly caused to the User due to:
(i) any error, discrepancy, or mistake in the information regarding the Insurance Product (including pricing of Insurance Product) or otherwise as may be available on the Website;
(ii) any change or modification or addition in the information regarding the Insurance Product (including pricing including pricing of Insurance Product) or otherwise made available on the Website at any point in time;
(iii) any missing or incomplete information regarding the Insurance Product (including pricing including pricing of Insurance Product) or otherwise as available on the Website; (iii) inability of the User to access the Website due to technical malfunction, downtime, or interruptions or due to deliberate denial of access or blocking action taken by the Company and/or its directors, officers, employees, affiliates, or agents;
(iv) any loss or theft of personal information, or other data, caused in any manner, including without limitation, any technical malfunction or defects or negligence on the part of the Company and/or its directors, officers, employees, affiliates, or agents;
(v) any changes made in the Insurance Product, its terms and conditions, made by the Broker or the Insurer whether made before or after sale of the Insurance Product to the User or failure of the Broker or Insurer to abide by the terms and conditions of the Insurance Product;
(vi) any dispute which arises between the User and the Broker and/or Insurer regarding the Insurance Product, its terms and conditions or claims thereunder;
(vii) any dispute which arises between the User and the Third-Party Providers;
(viii) any rejection of claim under the Insurance Product or refusal to sell the Insurance Product due to any act or default of the User or breach of any these Terms and Conditions or terms and conditions as set out by the Insurer which shall be applicable to the Insurance Product;
(ix) any damage to User’s mobile phone or computer device including destruction or theft of information caused due to any computer virus, malware, spyware or similar malicious program which accessed the User’s mobile phone or computer device due to any file downloaded from the Website or through any email sent through the Website or due to the User’s visit to the Website; and
(x) any third-party act or existence of circumstances beyond the control of the Company and/or its directors, officers, employees, affiliates, or agents.
The User expressly agrees that in any case, any amount of loss or damages, such User may claim from the Company shall be limited to a maximum amount of AED 100 (United Arab Emirates Dirham One Hundred) by the User to the Company.
8. User’s Obligations and Indemnifications
The User shall not do any of the following:
(i) cause damage or harm to the Website or Broker’s or Insurer’s or the Third-Party Provider’s website by way of introducing of any malicious software or through hacking or any other mode or causing theft of information belonging to the Website;
(ii) cause extraction of data or information from the Website by use of crawlers, trawlers, spiders, screen scraping or data mining software or applications or similar modes; and
(iii) cause any interruption in access of other users of the Website;
(iv) provide any false, incomplete or misleading information or forged/fabricated documents on the Website or to the Broker or Insurer; or
(iv) act in a manner which causes prejudice to the any Intellectual Property (defined below) of the Company or any Third-Party Provider in respect to the contents of the Website.
The User, and in case of death of the User or the User ceasing to exist, then the User’s legal heirs, representatives and successors, as the case may be, shall fully indemnify the Company and/or its directors, officers, employees, affiliates, or agents and hold them good against any loss, harm, costs and direct or indirect damages including lawyer’s fees caused due to acts of the User or attributable to the conduct of such User.
9. Issuance of Insurance Product
On a User successfully purchasing Insurance Product by having provided all legal documents in the required form and the User’s payment being released via the payment gateway, the insurance policy shall be issued to the User as an electronic policy.
10. Intellectual Property
All information, data and copyright material contained on this Website including any trade marks (whether officially registered or unregistered), service mark, trade names, proprietary information, brands, designs, database rights, know how, domain name, logos and devices belong to the Company or to persons who have given permission to the Company to use such Intellectual Property on the Website (hereinafter referred to as “Intellectual Property”).
The User must not use such Intellectual Property unless such User has written permission from the Company or the owner (as the case may be) to do so.
11. Payment Terms & Refund Policy
The Website shall accept payments online using Visa and MasterCard credit/debit card in AED (or any other agreed currency).
If the cardholder makes a payment for an Insurance Product, the details the cardholder is asked to submit will be provided directly to the payment provider via a secured connection. The cardholder shall be charged for the purchase or premium of the Insurance Product only after the Insurer has accepted the User’s offer. The cardholder must retain a copy of transaction records and merchant policies and rules. Multiple transactions may result in multiple postings to the cardholder’s monthly statement.
The Company shall not be responsible to refund the premium of purchase price for the Insurance Product under any condition whatsoever including even in case there is any deficiency in service of the Broker or Insurer or any dispute exists between the User and the Broker or Insurer. The Company shall charge the User a cancellation/refund fee of AED 100 (United Arab Emirates Dirham One Hundred).
Any refund in respect of payments made for purchase of the Insurance Product shall be at the sole discretions of the Broker and/or Insurer and governed by the terms and conditions of the Insurance Product. Any, refunds from the Broker and/or Insurer by the will be done only through the original mode of payment.
12. Data Policy
The Company reserves the right to monitor, record, store and consult our communications with the User via the Website, by e-mail, telephone, text or by any other means whatsoever to check instructions, train the Company’s staff and improve Services.
All credit/debit cards details and personally identifiable information will not be stored, sold, shared, rented or leased to any third parties.
Some of the advertisements the User sees on the Website are selected and delivered by third parties, such as ad networks, advertising agencies, advertisers, and audience segment providers. These third parties may collect information about the User and the User’s online activities, either on the Website or on other websites, through cookies, web beacons, and other technologies in an effort to understand your interests and deliver to you advertisements that are tailored to the User’s interests. The Company or the Website do not have access to, or control over, the information these third parties may collect. The information practices of these third parties are not covered by this policy.
13. Jurisdiction and Dispute Resolution
The UAE is the country of domicile of the Company. Any dispute or claim arising out of or in connection with this Website, Service, or these Terms & Conditions shall be governed and construed in accordance with the laws of UAE as applicable in the Emirates of Dubai. The User consents to the jurisdiction of the courts of the Emirates of Dubai with respect to any disputes arising out of these Terms & Conditions or in connection with the Website or Service.