User Agreement and Policy

Welcome to the user agreement (the "Agreement" or "User Agreement") for INSURE & SECURE INSURANCE BROKERAGE COMPANY W.L.L. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub‐domains of SAIYARTI (the "Application"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.


You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of SAIYARTI. By accepting this User Agreement, you also agree that your use of SAIYARTI will be governed by the User Agreement and Privacy Policy stated herein.


We may amend this Agreement at any time by posting the amended terms on the Application. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Application. In addition, we will notify you within the Application in accordance with your Notification Preferences. This Agreement may not be otherwise amended except in a writing signed by you (by clicking agree) and INSURE & SECURE INSURANCE BROKERAGE COMPANY W.L.L. This Agreement is effective upon acceptance on registration for new registering users, and is otherwise effective on December 1st, 2019 for all users.


1. Membership Eligibility.

Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable laws. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended SAIYARTI members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Application. Further, your SAIYARTI account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.


2. Fees and Services.

Joining and creating an account at SAIYARTI is free. We do charge fees for purchasing insurance policy through our Application and when you purchase an insurance policy you have an opportunity to review and accept the fees that you will be charged. Our Fees and Payment Policy is available and is incorporated into this Agreement by reference. We may change our Fees and Payment Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Application. However, we may choose to temporarily change our Fees and Payment Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Application. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Kuwaiti Dinar (KWD). You are responsible for paying all fees associated with using our service.


3. Your Information.
3.1 We will collect and process the following data about you:
3.1.1. Information you give us (Submitted information):

This is information you give us about you by filling in forms on the Application, or by corresponding with us (for example, by e‐mail or chat). It includes information you provide when you register to use the Application, download or register the Application, subscribe to any of our Services, search for the Application or Service, [make an in‐App purchase], [share data via an App's social media functions], [enter a competition, promotion or survey], [OTHER ACTIVITIES COMMONLY CARRIED OUT IN CONNECTION WITH THE APPLICATION] and when you report a problem with the Application, or our Services. If you contact us, we will keep a record of that correspondence. The information you give us may include but not be limited to your Name, Civil ID, Address, E‐mail Address, Phone Number, Device's IMEI Number, Age, Username, Password, Car Registration document and other information, financial and credit card information, personal description and photograph.


3.1.2Information we collect about you and your device:

Each time you visit the Application we will automatically collect the following information:


a) Technical Information

including [the type of mobile device you use,] [a unique device identifier (for example, your Device's IMEI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device),] [mobile network information,] [your mobile operating system,] [the type of mobile browser you use,] [time zone setting,] [OTHER INFORMATION] (Device Information);


b) Details of your use

of the Application or your visits to the Application including, but not limited to [traffic data,] [weblogs] [and other communication data,] whether this is required for our own billing purposes or otherwise [and the resources that you access] (Log Information).


c) Location information.

We also use [GPS technology] OR [OTHER TECHNOLOGY] to determine your current location. Some of our location‐enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time.


d) Information we receive from other sources (Third Party Information).

We are working closely with third parties (including, for example, business partners, sub‐contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies). We may notify you when we receive information about you from them and the purposes for which we intend to use that information.


e) Unique application numbers:

when you install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.


Disclaimer:

We may associate any category of information with any other category of information and will treat the combined information as personal data in accordance with this policy for as long as it is combined.


3.1.3.

You agree that we have the right to disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.


3.1.4.

We will disclose your personal information to third parties:


a)

In the event that We sell or buy any business or assets, in which case We will disclose your personal data to the prospective seller or buyer of such business or assets.


b)

If INSURE & SECURE INSURANCE BROKERAGE COMPANY W.L.L. or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.


c)

If We are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.


3.2 Cookies

We use cookies to distinguish you from other users of the Application. This helps us to provide you with a good experience when you use the Application and also allows us to improve the Application. By agree to this Agreement you agree to the cookies policy.


4. Access and Interference.

The Application contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to SAIYARTI by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Application for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Application without the prior expressed written permission of SAIYARTI and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Application or any activities conducted on the Application; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Application.


5. Breach.

Without prejudice to other remedies, we may limit your activity, immediately, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.


6. Privacy.

We do not provide or sell your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the India that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles.


7. Liability Limit.
7.1

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOSS OF PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR APPLICATION, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).


7.2

It is expressly understood and agreed by the User that SAIYARTI is only a technology driven application and platform for the convenience of purchasing Insurance policies. All policies purchased through this platform, are brokered and serviced by INSURE & SECURE INSURANCE BROKERAGE COMPANY W.L.L. The user understands and accepts that SAIYARTI and or INSURE & SECURE INSURANCE BROKERAGE COMPANY W.L.L. shall not be a party in any claims that could be filed by the user against the Insurance Company and vice versa.


8.Cancellation & Refund:
8.1

The User may at any time before submitting and or registering the Insurance Policy with the Kuwait Traffic Department request to cancel their Insurance Policy by writing to us at info@saiyarti.net


8.2

Once request is received, all original policy related documents as issued and delivered to the User will be collected back by the INSURE & SECURE INSURANCE BROKERAGE Office in order to process this request.


8.3

There will be a Cancellation Fee that the Insurance Company may apply, and such fee's notice will be served via email to the User for his/her prior approval before the cancellation request is processed.


8.4

The User shall be entitled to the remaining amount after deducting all such fees, and it will be refunded to the User by a Cheque in the name of the Policy Owner by the INSURE & SECURE INSURANCE BROKERAGE Office.


9. Indemnity.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.


10. No Agency.

You and SAIYARTI are independent contractors, and no agency, partnership, joint venture, employee‐employer or franchiser‐franchisee relationship is intended or created by this Agreement.


11. Notices.

Except as explicitly stated otherwise, any notices shall be given by email address info@saiyarti.net, and in event SAIYARTI desires to give you a notice it will be sent to your email you provided in your contact details.


12. Dispute Resolution:

The provisions of this Agreement governed by laws of the State of Kuwait and Kuwait courts shall have jurisdiction over any dispute arises during and after the term of this Agreement.


13. General.
13.1.

We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Application may be interfered with by numerous factors outside of our control.


13.2.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.


13.3.

You agree that this Agreement and all incorporated agreements may be automatically assigned by SAIYARTI in accordance with Section 10 "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.


13.4.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.


13.5.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.