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 Takaful”) 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 Takaful'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 Takaful and its partners continue to own DriveEx application 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 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 Takaful.
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”).
(iii) upgrades, modified versions, updates, additions, and copies of DriveEx application, if any, licensed to You by Watania Takaful 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 Takaful 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.
(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.
(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 Takaful 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 Takaful 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 Takaful 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 Takaful 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 Takaful take such action or assist Watania Takaful in taking such action as Watania Takaful 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 Takaful.
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 TAKAFUL, 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 TAKAFUL 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 TAKAFUL, 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 TAKAFUL 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 TAKAFUL , 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 Takaful 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.
7.1 Watania Takaful 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 Takaful.
8. NO OTHER OBLIGATIONS
8.1 This Agreement creates no obligations on the part of Watania Takaful other than as specifically set forth herein.
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.
11.1 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 Takaful 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 Takaful 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 Takaful in respect of your use of DriveEx application.
11.2 Failure or neglect by Watania Takaful 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 Takaful .
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 Takaful 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 Takaful'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 Takaful'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