admin.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 to browse and/or order insurance products ( “Products”). As a user of Website (”you”), you acknowledge that your use of this Website for any reason, including any transactions you make (”use” or “using”) is subject to our terms and conditions (“Terms”).
We strongly recommend that you:
1. General
1.1. We reserve the right to change Terms at any time. Any such changes will be deemed to have taken effect when posted on Website and it is your responsibility to read Terms on each occasion you use admin.enaya.com. By accessing admin.enaya.com, registering an Account or using the Services offered by Enaya on the Website, you agree to be bound by Terms. If you do not agree with Terms, your sole recourse is to discontinue your use of admin.enaya.com.
1.2 If you are not a consumer or end user, you confirm that by using admin.enaya.com, you have the authority to bind any business or third party on whose behalf you may be using admin.enaya.com.
2. Account and Registered User
2.1. In order to access certain functions of the Service, including the ability to order and purchase Products, you must register and create an account on admin.enaya.com, secured by a password ( “Account”). Any Account so created is personal and exclusive to you and is non-transferable to any third party.
2.2. 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 a registered credit reference (or similar) agency and, if we are unable to verify you are over 21 years, we may cancel your order. We reserve the right to refuse Service, terminate Accounts, or cancel orders at our sole discretion.
2.3. By registering at and using admin.enaya.com, 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.
3.Product
3.1. ENAYA has developed insurance products for the Territory. Without prejudice to the additional obligations of Enaya as set out in this document, Enaya provides its customers with insurance products that are compliant with the Insurance Regulatory Authority.
3.2. The Product consists of the following documents:
3.3. Products to be distributed online are as follows:
3.4. All policy is bound by the policy wording available on admin.enaya.com, which is available for download by the Customer independent of the purchase process.
3.5. Motor Insurance cover commences only after a satisfactory inspection of the vehicle by the insurance company representative.
3.6. Enaya reserves the right to grant or reject the Motor insurance cover for the vehicle based on the outcome of the inspection
3.7. Enaya Motor insurance product is subject to KD.25 excess for all claims except recovery cases
4. Order process
4.1. As a Registered User, you may order and purchase Products through the Service. If a payment is applicable to your order for a Product, you agree to pay the full amount for that Product as indicated during the order process. All orders that you place on admin.enaya.com will be subject to acceptance in accordance with these Terms.
4.2. The “confirmation” stage sets out the final details of your order. Following that, we will send to you an order acknowledgement e-mail, detailing the Products you have ordered. You may note that this e-mail is not an order confirmation or order acceptance by us.
4.3. After acceptance of your order, completion of the contract between you and us will take place on completion of any outstanding procedures, including inspections, subject to our receiving full payment for Products.
4.4. From time to time there may be errors in the pricing of the Products that appear on the Website or during the order process. 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.
5. Payment
5.1. We take payment from your credit or debit card (“Card”) at the time we receive your order for the relevant Products, after we have checked your Card details.
5.2. 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.
5.3. The price you pay for the Products ordered is the price displayed on admin.enaya.com at the time we receive your order, subject to the following exceptions. While we try to ensure that all prices of Products on admin.enaya.com are mentioned accurately, it is possible that errors may occur. If we discover an error in the price of Products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling such order. If we are unable to contact you, we will treat the order as cancelled. If you cancel and have already paid for Products, you will receive a full refund.
5.4. All prices are shown in Kuwaiti Dinar (KD) and include taxes (if applicable) at the applicable current rates.
6. Liability and Indemnity
6.1. Enaya does not warrant that the Website or any Products available through it will be uninterrupted or free from errors. There may be delay, omissions, interruption, and/or inaccuracies in Products available through admin.enaya.com.
6.2. Enaya makes no representation or warranties about the accuracy, completeness, timeliness, reliability, or non-infringement of any content on Website or Products available through it.
6.3. Although Enaya takes reasonable steps to prevent the introduction of viruses, worms or other malicious code to admin.enaya.com, Enaya does not represent or warrant that Website, or Service or Products that may be made available through admin.enaya.com 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.
6.4. 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: (i) your use of or reliance on admin.enaya.com, any information, hyperlinks or content contained therein, or Services included on or otherwise made available to you through admin.enaya.com; (ii) your provision of information, personal or otherwise, to Enaya, Knet or MiGS; (iii) the provision of Services by Enaya; or (iv) acts or negligence on the part of Enaya, its agents or employees.
6.5. 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 MERCHANTABILTY 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.
6.6. 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, shall be limited to a sum equal to the amount paid or payable by you for the Product(s) in respect of one incident or series of incidents attributable to the same cause.
6.7. We will take all reasonable precautions to keep the details of your order 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 admin.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. admin.enaya.com is not intended for selling Products 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 admin.enaya.com only with the permission and involvement of your parent or guardian, subject to applicable law.
6.8. Enaya reserves the right to refuse Service, terminate Accounts, remove or edit content, or cancel orders anytime at their sole discretion.
6.9. By using admin.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 admin.enaya.com or Service, your non-compliance with applicable law or regulations in the jurisdiction in which you are accessing admin.enaya.com 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.
7. Miscellaneous Provisions
7.1. Your use of the Website 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.
7.2. Enaya shall be under no liability for any delay or failure to deliver Products or otherwise 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.
7.3. Any links or references to other Internet sites (“hyperlinks”) contained on admin.enaya.com are provided by Enaya merely as a convenience to users of admin.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, products or 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.
7.4. You agree that you will not assign, transfer, or sub-contract any of your rights or obligations under these Terms or any related order for Products to any third party, unless agreed upon in writing by Enaya.
7.5. 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.
7.6. 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.
7.7. 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 7.4 or 7.5.
7.8. 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.
7.9. 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 admin.enaya.com (including the use of Services and/or order of Products) and sets forth the entire agreement and understanding between you and Enaya for your use of admin.enaya.com.
7.10. When you visit admin.enaya.com 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 admin.enaya.com. 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.
8. Declaration
8.1. I hereby declare and confirm
8.2. I also agree that the wrongful declaration will result in repudiation of the claims.
This Website, admin.enaya.com is owned and operated by:
Enaya Insurance Company K.S.C.
15th floor, Al Arabiya Tower,
Ahmed Al-Jaber Street,
Sharq, PO Box 5859,
Safat 13059, Kuwait
8.2. I also agree that the wrongful declaration will result in repudiation of the claims.
This Website, admin.enaya.com is owned and operated by:
Enaya Insurance Company K.S.C.
15th floor, Al Arabiya Tower,
Ahmed Al-Jaber Street,
Sharq, PO Box 5859,
Safat 13059, Kuwait
For help
Call us on 1822200