Terms & Conditions

www.enaya.com (“Website”), owned and operated by Enaya Insurance Company K.S.C. (”Enaya” or “we” or “our” or “us”) is provided as a service (the “Services”) to you and is intended to allow its users (the “User(s)”) to browse and/or purchaseinsurance policy(ies)( “Policy(ies)”). As a Userof the Website (“you”), you acknowledge that your use of this Website for any reason, including any transactions you make is subject to our terms and conditions (“Terms”).

We strongly recommend that you read these Terms carefully before using the Website.

  • General
    • We reserve the right to change these Terms at any time. Any such changes will be deemed to have taken effect when posted on the Website and it is your responsibility to read the Terms on each occasion you use the Website. By accessing the Website, registering an Account (as defined below) or using the Services offered by Enaya on the Website, you agree to be bound by the Terms. If you do not agree with the Terms, your sole recourse is to discontinue your use of the Website.
    • If you are not a consumer or end user, you confirm that by using the Website, you have the authority to bind any business or third party on whose behalf you may be using www.enaya.com.
  • Account and Registered User
    • In order to access certain functions of the Service, including the ability to purchase Products, you must register and create an account on the Website, secured by a password (the “Account”). Any Account so created is personal and exclusive to you and is non-transferable to any third party.
    • Subject to section 7.4 hereof, if you register and create an Account, you are a “Registered User”. To be a Registered User, you must be 21 years of age and must provide true and accurate information (including your name, date of birth, e-mail address, credit/debit card details and other details) as requested during the Account creation process. Subject to applicable law, as a parent or guardian of a minor aged between 18 and 21, you may permit such minor to use your Account, on the basis that you remain fully responsible and liable for the Account and for any use of the Service by such minor through your Account. We may carry out further checks to verify your age with any legal means, if we are unable to verify you are over 21 years, we may cancel your Policy. We reserve the right to refuse Service, terminate Accounts, or cancel Policiesat our sole discretion.
    • By registering at and using the Website, you warrant that the information provided by you in the course of the registration process is true and accurate and you undertake to ensure that such information is kept updated. You are responsible for maintaining the confidentiality of your Account and agree to accept responsibility for all activities that occur under your Account. In the event that you have any concerns regarding your Account or become aware of any misuse then you must inform us immediately.
  • Service
    • ENAYA has developed the Servicesfor the State of Kuwait. Without prejudice to the additional obligations of Enaya as set out in these Terms, Enaya provides its Users with the Policiesthat are compliant with the Insurance Regulatory Authority.
    • The Policesconsists of the following documents:
      • Policy Wordings.
      • Policy Schedules.
      • Subsequent policyadjustments and the alteration or endorsementsof the structure of the Policy.
    • Policiesto be distributed online are as follows:
      • Motor Insurance
      • Travel Insurance
      • Medical Insurance-Kuwait
      • Medical Insurance
      • Life Insurance-Kanz
    • All the Policies provided by Enaya are bound by the Policy Wordings available on the Website, which is available for download by the User independent of the purchase process.
    • Motor Insurance cover commences only after a satisfactory inspection of the vehicle by the insurance company representative.
    • Enaya reserves the right to grant or reject the Motor Insurance Cover for the vehicle based on the outcome of the inspection.
    • Enaya Motor insurance product is subject to the agreed Policy terms and conditions.
  • Policy purchasing process
    • As a Registered User, you may purchase Policiesthrough the Website. If a payment is applicable to your purchasefor a Policy, you agree to pay the full amount for that Policyas indicated during the purchaseprocess. All purchasesthat you place on the Website will be subject to acceptance in accordance with these Terms.
    • The “confirmation” stage sets out the final details of your purchase. Following that, we will send to you a purchase acknowledgement e-mail, detailing the Policiesyou have purchased. You may note that this e-mail is not a purchaseconfirmation or purchaseacceptance by us.
    • After acceptance of your purchase, completion of the contract between you and us will take place on completion of any outstanding procedures, including inspections, subject to our receipt of thefull payment for Policies.
    • From time to time there may be errors in the pricing of the Policiesthat appear on the Website or during the purchaseprocess. There may also be errors in transmission resulting in interruption of your purchase. Enaya will in good faith try to resolve any issues that may arise as a result of such errors. You agree to cooperate with Enaya to resolve such issues, and you agree that Enaya shall have full discretion to determine the appropriate resolution in such cases.
  • Payment
    • We take payment from your credit or debit card (the “Card”) at the time we receive your purchasefor the relevant Policies, after we have checked your Card details.
    • To ensure that your Card is not being used without your consent, if you select Knet as your payment method we will direct you to the Knet payment gateway where you will be asked to enter your details. Alternatively, if you chose Visa/MasterCard as your preferred payment method you will be directed to the MasterCard Internet Gateway Service payment gateway (MiGS), where you will be required to enter your details.We may validate your details against appropriate third-party databases. By accepting Terms, you consent to such checks being made. In performing these checks, information provided by you may be disclosed to Knet or MiGS, who may keep a record of that information. You may note that this is done only to confirm your identity. All information provided by you will be treated in accordance with applicable law.
    • The price you pay for the Policiespurchasedis the price displayed on the Website at the time we receive your purchase, subject to the following exceptions. While we try to ensure that all prices of Policieson the Website are mentioned accurately, it is possible that errors may occur. If we discover an error in the price of Policiesyou have purchased, we will inform you as soon as possible and give you the option of reconfirming your purchaseat the correct price or canceling such purchase. If we are unable to contact you, we will treat the purchaseas cancelled. If you cancel and have already paid for Policies, you will receive a full refund.
    • All prices are shown in Kuwaiti Dinar (KD) and include taxes (if applicable) at the applicable current rates.
  • Liability and Indemnity
    • Enaya does not warrant that the Website or Services will be uninterrupted or free from errors. There may be delay, omissions, interruption, and/or inaccuracies in the Website.
    • Enaya makes no representation or warranties about the accuracy, completeness, timeliness, reliability, or non-infringement of any content on Website or Services.
    • Although Enaya takes reasonable steps to prevent the introduction of viruses, worms or other malicious code to the Website, Enaya does not represent or warrant that Website, or Service that may be made available through the Website are free from such destructive features. Enaya is not liable for any damages or harm attributable to such features or arising directly or indirectly from such features.
    • In no event shall Enaya be liable to you or to any third party for any direct, incidental, indirect, special or consequential losses, damages whatsoever (including, but not limited to, lost profits, business interruption, loss of programs or other data on your information system), even if Enaya has been advised, knew, or should have known of the possibility of such damages, arising out of or related to:
      • your use of or reliance on the Website, any information, hyperlinks or content contained therein, or Services included on or otherwise made available to you through the Website;
      • your provision of information, personal or otherwise, to Enaya, Knet or MiGS;
      • the provision of Services by Enaya;
      • acts or negligence on the part of Enaya, its agents or employees.
    • TO THE FULLEST EXTENT PERMITTED BY LAW, ENAYA DISCLAIMS AND EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE WEBSITE OR ENAYA’S SERVICES, OR WITH RESPECT TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION PROVIDED BY ENAYA, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF A PATENT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION AND LINKS CONTAINED THEREIN, IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY THAT IT WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
    • Notwithstanding anything herein to the contrary, Enaya’s aggregate liability (whether in contract, tort or otherwise) for any loss or damage that you may incur on any account whatsoever, arising out of your use of the Website or the Services, shall be limited to a sum equal to the amount paid or payable by you for the Policy(ies) in respect of one incident or series of incidents attributable to the same cause.
    • We will take all reasonable precautions to keep the details of your purchase and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you. If you use www.enaya.com, you are responsible for maintaining the confidentiality of your Account and its password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. www.enaya.com is not intended for selling Policies to children, but only to adults who can purchase with a Card or other permitted payment method. If you are under 21 years of age you can use www.enaya.com only with the permission and involvement of your parent or guardian, subject to applicable law.
    • Enaya reserves the right to refuse Service, terminate Accounts, remove or edit content, or cancel purchases anytime at their sole discretion.
    • By using www.enaya.com and/or the Service, you agree, to the fullest extent permitted by law, to indemnify and hold Enaya, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of Terms, your use of www.enaya.com or Service, your non-compliance with applicable law or regulations in the jurisdiction in which you are accessing the Website or Service, or any action taken by Enaya as part of its investigation of a suspected violation of Terms or as a result of its finding or decision that a violation of Terms has occurred.
  • Miscellaneous Provisions
    • Your use of the Website, the purchase of the Policies and the contract between you and Enaya shall be governed by the law of Kuwait, without regard to the conflict of law rules and any dispute between you and Enaya will be resolved exclusively in the courts of Kuwait.
    • Enaya shall be under no liability for any delay or failure to perform any obligation as specified in these Terms if the same is wholly or partly caused by events of Force Majeure and/or caused, whether directly or indirectly, by circumstances beyond its reasonable control. For the avoidance of any doubt, Force Majeure events shall, without being limited, mean and include events of war, riots, civil war, rebellion, earthquake, cyclones, flood or any other natural physical disaster and/or acts of God.
    • While registering to become a Registered User, you will be asked to provide voluntarily certain personal information, including your name, address, contact details and other personal information (the “Data”). We are committed to maintain the security of your Data against unauthorized access, loss, disclosure or destruction in accordance with the requirements of the applicable data protection laws and regulations in the State of Kuwait. The purposes of the collecting and usage of your Data are governed by these Terms and subject to our Privacy Policy.
    • Any links or references to other Internet sites (the “hyperlinks”) contained on www.enaya.com are provided by Enaya merely as a convenience to users of www.enaya.com, and Enaya is not responsible for the content or operation of any such linked Internet sites. Any hyperlinks to such linked Internet sites should no way be construed as an endorsement, representation or promotion by Enaya as to the content, representation, accuracy, services found or otherwise described in such linked Internet sites. Use of those linked Internet sites/hyperlinks is done at your own risk and cost.
    • You agree that you will not assign, transfer, or sub-contract any of your rights or obligations under these Terms or any related purchase for Policies to any third party, unless agreed upon in writing by Enaya. We may transfer our rights under these Terms to any other third party.
    • Enaya reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms or any related contract, to any third party.
    • If any part of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other Terms shall not be affected.
    • These Terms do not create or confer any rights or benefits enforceable by any person that is not a party, except a person who is a permitted successor or assignee, named as such under Section 7.6 or 7.7.
    • No delay or failure by Enaya to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of Enaya.
    • These Terms including the documents or other sources referred to in these Terms supersede all prior representations, understandings and agreements between you and Enaya relating to the use of the Website (including the use of Services and/or purchase of Policies) and sets forth the entire agreement and understanding between you and Enaya for your use of the Website.
    • When you visit Website or send e-mail to us, you are communicating with us electronically. You consent to receive communication from us electronically. We may communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.
    • The Website and all of its content including but not limited to all text, graphics and html codes, all Policy names, trade names, service names, domain names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text are copyright materials that are owned by or licensed to Enaya and may not be printed, copied, posted, reproduced, used (including photos of faces) or otherwise distributed in whole or in part, without Enaya’s prior written approval.
  • Declaration
    • I hereby declare and confirm that:
      • there are no existing losses under the insurance Policy being purchased online.
      • I understand the wordings for the Policy I intend to purchase online are available on the Website for download.
      • the particulars furnished and used when creating the Policy are true and correct.
    • I also agree that the wrongful declaration will result in repudiation of the claims.

This Website, www.enaya.com, is owned and operated by:
Enaya Insurance Company K.S.C.
74th floor, Al HamraTower,
Al-Shuhada Street,
Sharq, PO Box 5859,
Safat 13059, Kuwait