Please read these terms and conditions carefully. By accessing this website and any pages thereof, you agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions below, do not access this website, or any pages thereof.
The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Continued use of the website or any pages thereof shall be deemed acceptance by the user of such changes. Unauthorized use of the bank’s websites and systems including but not limited to unauthorized entry into the bank’s systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Not all products and services described in this website are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by the bank and/or its relevant affiliates.
This website may contain links to other web sites controlled or offered by third parties (non-affiliates of the bank). The bank therefore hereby disclaims liability for, any information, materials, products or services posted or offered at any of the third party sites linked to this website. By creating a link to a third party website, the bank does not endorse or recommend any products or services offered or information contained in that website, nor is the bank liable for any failure of products or services offered or advertised at such sites. Such third parties may have a privacy policy different from that of the bank and any the third party website may provide less security than the bank’s site.
The information and materials contained in this site, including text, graphics, links or other items are provided "as is", "as available". The bank does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims any liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in respect of this website or the information and materials.
In no event will the bank be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the bank, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
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Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern those sections or pages.
The bank has taken reasonable steps to ensure the confidentiality of information taken at this website and transmitted via the internet. However, unauthorized third parties to intercept confidential information and the bank cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.
Use of this site shall be governed by UAE laws.
This End-User Terms & Conditions (“Agreement”) is between you, the end user (either an individual or an entity) (“You”), and Watania Takaful General P.J.S.C (“Watania”) and its partners. The Agreement authorises You to use DriveEX application specified in clause 1 below, which may be accessed from or operated via Watania's Web site or supplied from any other source under the terms and conditions set forth below. This is an agreement and not an agreement of sale. As between the parties to this an Agreement, Watania and its partners continue to own DriveEX application and any and all intellectual and other proprietary rights therein. Read this Agreement carefully before installing, downloading, or using DriveEX application. By installing, downloading, and/or using DriveEX application, You agree to the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, promptly click the “I Do Not Accept” button, cancel the installation or downloading, or destroy or return DriveEX application and accompanying documentation to Watania.
YOU AGREE THAT YOUR USE OF DRIVEEX APPLICATION ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE DRIVEEX APPLICATION.
1. DRIVEEX APPLICATION
1.1 As used in this Agreement, the term “DriveEX application” means, collectively: (i) the smartphone application and other media with which this Agreement is provided, including the object code form of DriveEX application delivered via application stores, electronic mail, or Web page, (ii) related explanatory written materials and any other possible documentation related thereto (“Documentation”); and (iii) upgrades, modified versions, updates, additions, and copies of DriveEX application, if any, licensed to You by Watania under this Agreement.
The function of the application is to gather and analyse an individual’s driving behaviour and provide a risk score for that individual that correlates with the likelihood of the individual putting forward a claim. The application also utilises a reward and gamification function that incentivises individuals to improve their score by incorporating safer driving techniques
2. GRANT OF LICENCE
2.1 Watania grants to You a non-exclusive, non-transferable licence to access and use DriveEX application is made available for licensees’ use and to use DriveEX application.
2.2 You (i) accept the licence granted to You in terms of clause 2.1 above; (ii) shall only use the Documentation personally in connection with Your use of DriveEX application; (iii) are authorised only to use DriveEX application for Your own purposes and shall not exploit it for commercial gain under any circumstances whatsoever; and (iv) acknowledge that You obtain no rights of ownership in DriveEX application or Documentation whatsoever.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 DriveEX application and all rights, including, without limitation, intellectual property rights therein, are owned by Watania and affiliates and are protected by the applicable UAE laws in which it is being used. You acknowledge that You obtain no intellectual property rights whatsoever in DriveEX application or the Documentation. The structure, organisation, and code of DriveEX application are the valuable trade secrets and confidential information of Watania and affiliates. You must not copy DriveEX application. You undertake not to remove, delete or obscure any copyright or proprietary notices or confidentiality notices or labels on or in DriveEX application or Documentation. Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on DriveEX application.
3.2 You will notify Watania of any claim which may be made alleging that DriveEX application infringes the intellectual property rights of a third party as soon as You become aware of any such actual or potential claim. You shall immediately bring to the attention of Watania any infringement or suspected infringement by any third party of any of the intellectual property rights in DriveEX application of which You are aware and shall at the request and expense of Watania take such action or assist Watania in taking such action as Watania may deem appropriate to protect its intellectual property rights.
4. COMMENCEMENT AND TERMINATION
4.1 This Agreement is effective from the first date You use DriveEX application. You may terminate this Agreement at any time by permanently ceasing to use, deleting and destroying DriveEX application and all related materials provided by Watania.
5. DISCLAIMER
5.1 YOU ACKNOWLEDGE THAT DRIVEEX APPLICATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WATANIA, NOR ITS AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE DRIVEEX APPLICATION WILL NOT INFRINGE ANY THIRD PARTY INTELLECTUAL PROPERTY OR OTHER RIGHTS. DRIVEEX APPLICATION HAS NOT BEEN WRITTEN TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THERE IS NO WARRANTY BY WATANIA OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN DRIVEEX APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF DRIVEEX APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF DRIVEEX APPLICATION TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT.
6. LIMITATION OF LIABILITY
6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WATANIA, ITS EMPLOYEES OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE (INCLUDING GROSS NEGLIGENCE), OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE DRIVEEX APPLICATION, EVEN IF WATANIA OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, WATANIA, ITS EMPLOYEES OR AFFILIATES' LIABILITY SHALL BE LIMITED TO -
6.2 Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer. Watania is acting on behalf of its employees and affiliates for the purpose of disclaiming, excluding, and/or restricting obligations, warranties, and liability as provided in this clause 7, but in no other respects and for no other purpose.
7. SUPPORT
7.1 Watania will be under no obligation to provide any maintenance or support, including, without limitation, the correction or provision of errors, bugs, viruses, upgrades or enhancements, with regard to DriveEX application unless separately agreed in writing between You and Watania.
8. NO OTHER OBLIGATIONS
8.1 This Agreement creates no obligations on the part of Watania other than as specifically set forth herein.
9. NOTICES
9.1 All notices and return of DriveEX application and Documentation should be delivered to:
• Watania Takaful General PJSC
10. DISPUTE RESOLUTION AND GOVERNING LAW
10.1 This Agreement will be governed, construed and take effect in all respects in accordance with the laws of Dubai.
10.2 Any dispute relating in any way to your use of DriveEX application or the Documentation shall be submitted to the courts of Dubai at the exception of DIFC courts.
11. GENERAL
11.1 This Agreement (as varied from time to time in accordance with clause 14 below) constitutes the sole record of the agreement between you and Watania in relation to your use of DriveEX application and it supersedes any prior representations, discussions, undertakings, end-user agreements, communications, or advertising relating to DriveEX application. Neither you nor Watania shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated this Agreement supersedes and replaces all prior commitments, undertakings or representations, whether written or oral, between you and Watania in respect of your use of DriveEX application.
11.2 Failure or neglect by Watania to enforce at any time any of the provisions of this Agreement shall not be construed as a waiver of its rights. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Watania.
11.3 If any clause in this Agreement is found to be unenforceable, wherever possible this will not affect any other clause, and each will remain in full force and effect.
11.4 Any rights not expressly granted herein are reserved.
12. CHANGES TO AGREEMENT
12.1 Watania reserves the right to change any of the terms and conditions contained in this Agreement at any time and in its sole discretion. When we make changes, we will revise the "Last Updated" date at the top of this Agreement. Any changes will be effective immediately upon posting on Watania’s Web site. Your continued use of DriveEX application following the posting of changes will constitute your acceptance of such changes. We encourage you to review this Agreement whenever you visit Watania’s Web site or access DriveEX application..
13. PERMISSION RIGHTS
While using our application, to provide features of our application, we may collect, with your prior permission, the following:
• Information regarding your location
• Information regarding your Physical Activity