In this Agreement, the following words and phrases have the meanings set opposite them unless the context indicates otherwise:

Confidential Information means all confidential information (howsoever recorded, preserved, or disclosed) disclosed by SWSS or its representatives to You, anytime including:

1. Business strategies, business arrangements, computer and network operations, functions and systems architecture; or

2. Any technical, financial, or commercial information; or

3. Any information that would be regarded as confidential by a reasonable person; or but not including any information that:

   1. Is or becomes generally available to the public other than as a result of its disclosure by the Receiving Party or its representatives in breach of this Agreement or of any other undertaking of confidentiality addressed to the Party to whom the information relates (Except that any compilation of public information in a form not publicly known shall Nevertheless, be treated as Confidential Information); or

   2. The Parties agree in writing is not Confidential Information or may be disclosed; or

   3. It was available to the Receiving Party on a non-confidential basis prior to the disclosure by the Disclosing Party

Disclosing Party means a Party to this Agreement which discloses directly or indirectly confidential Information to the other party.

Facility means the use of and access to SWSS Technology which enables You to conduct various actions included but are not limited to viewing, reading, enter Member details and material information, enquire about Go Saver plan, invest/ switch funds in your plan, print your statements of accounts, view available funds details and their performance, etc.

Intellectual Property means all current and future legal and/or equitable interests in copyrights, database rights, confidential information, stationery, stamps, logos, trademarks, patents, designs or other Intellectual Property rights.

Member means any natural or legal person within UAE enrolled by his employer under Go Saver Workplace-savings-scheme.

SWSS Technology means the technology of and/or provided by SWSS and/or accessed by the User to conduct various Transactions and/or to enquire about SWSS’s Products including but not limited to, the computer software and hardware; online access to websites, webpages, webchat facility, computer software and/or hardware; programs, data banks, accessories, electronic risk selection criteria, underwriting, and rating guidelines, and manuals provided and/or accessed to by the User including to enable him to perform its obligations as agreed to under this and/or other agreement(s) between the Parties.

Online Service means any or all functionalities and modules of the Facility available to You.

Personal Information means all or any of the information provided by the User and/or the Member and/or his/ her employer at time of enrolment to SWSS, and as updated from time to time.

Plan or Workplace-savings-scheme means Workplace-savings-scheme which is to be administered by or on behalf of SWSS to a Member enrolled by his/ her employer.

Products mean the Workplace-savings-scheme or other plans as offered by SWSS through this Facility or otherwise.

Receiving Party means a Party to this Agreement that receives Confidential Information directly or indirectly from a Disclosing Party.

Service means any or all functionalities and modules of the Facility available to the User.

Transaction means any transaction/enquiry initiated (whether or not concluded) by the User through the Facility, including but not limited to enquiring, switching, investing, view Funds, view Fund’s performance, generate various reports, statements, and/or any other instruction as provided by the User to SWSS through such Facility.

Transaction Form refers to the details entered and submitted through the Facility for consideration of SWSS along with any other data/information as available/provided to SWSS whether verbally or in writing (whether or not through the Facility). The details submitted through the Transaction; Form will be the basis of issuance/amendment of any Workplace-savings-scheme to be/issued by SWSS to the Member.

User / You means the Member, Member’s employer, and/or any individual accessing this Facility, and the word ‘Your’ will be construed accordingly.

A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality), and that person's personal representatives, successors or permitted assigns. A reference to any "Party" shall include that Party's personal representatives, successors, or permitted assigns.

A reference to a document is a reference to that document as varied, amended, extended, supplemented, or novated (in each case, other than in breach of the provisions of this Agreement) and shall include any document which is supplemental to or expresses to be collateral with or is entered into pursuant to, or in accordance with the terms of the Agreement. Any amendments, modifications, addendums to this Agreement shall form an integral part of this Agreement and shall be construed therewith.

A reference to a "law" or "regulation" shall be construed as encompassing any UAE laws, regulations, decrees, rules, or guidelines issued by a relevant governmental body, department, agency or regulatory as may apply to the subject matter of this Agreement.

Words in the singular shall include the plural and vice versa. A reference to one gender shall include a reference to the other genders.

The headings contained in this Agreement are for convenience only and shall not be interpreted to limit or otherwise affect the provisions of this Agreement.

The Facility is deemed to be in use or is being accessed by You when it is loaded and/or continues to be loaded in the temporary or permanent memory of Your computer or similar system or in the internet browser thereof.

Should You require any further clarification or support at any stage on the Facility including the transaction, you are instructed not to proceed and to contact the support/contact numbers of SWSS and/or its service provider for further assistance.

You expressly agree that You will not impersonate any individual/entity while using this Facility. Your use of the Facility is solely for enquiring and/or applying and/or printing/amending specific Workplace-savings-scheme only and such use of the Facility is at Your sole risk. The Facility is provided on an "as is" and "as available" basis. You agree to abide by all relevant applicable UAE laws while using the Facility including while posting any inquiry on the web-chat module if any.

You will be responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required at Your end for accessing and using the Facility, and for all communications service fees and charges incurred by You in accessing or availing the Facility.

You hereby irrevocably authorize SWSS to accept and act upon Transactions instructed to SWSS and You will be bound by all such instructions and Transactions initiated or concluded through the Facility including submission of any requests, payment of any amounts, contribution, charges, expenses as required, or requested by SWSS.

You accept that the cut-off time for a business day is the same as SWSS's normal business hours in the UAE from Monday to Friday. All requests received after the cut-off time or on a bank holiday will be deemed to have been received on the following business day.

You agree that SWSS shall in no circumstances be liable for any loss or damage arising from requests submitted to SWSS where the time of receipt of such requests by SWSS does not fall during the normal business timings of SWSS.

You accept that any Transaction will only be completed as and when the process is successfully concluded and thereafter acknowledged by SWSS.

In consideration for access to the Facility and for Your use of the Facility, you agree to, provide true, accurate, current, and complete information and data and all other information as prompted or required by the Facility.

If You provide any information that is untrue, inaccurate, not current or incomplete, or not kept current, or if SWSS has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, SWSS has the right to suspend or terminate the Facility and/or Your quotation and/or Your Plan (if issued) and/or Your access to the Facility (or any portion thereof).

In the event that any untrue or inaccurate information or information not current or complete has formed the basis of any Transactions including in the Plan, the said Transactions shall be either voidable at the option of SWSS, or wherever applicable or necessary void ab-initio. In the event of not providing true, correct, and complete data and information the Facility could also fail or be deficient.

You hereby undertake to have clearly understood and to be in agreement that:

1. If any detail is mentioned and/or declared to SWSS through the Facility including the submitted. Proposal Form is found fraudulent and/or unfounded, SWSS reserves its right to forfeit all benefits payable under the Plan and/or consider the Plan as void/void ab-initio at SWSS’s sole discretion without recourse to the Member.

2. The observance by the Member of the terms of the issued Workplace-savings-scheme and the truth of statements and answers by You/the Member in the Proposal Form and/or any other material information provided through the Facility shall be condition precedent to any liability of SWSS. If the circumstances in which the Workplace-savings-scheme was issued are materially altered without the written consent of SWSS, the Workplace-savings-scheme may be considered null and void.

3. Please ensure that you are at all times in compliance with the Plan terms and conditions, which at all times shall supersede and prevail.

You hereby acknowledge that SWSS is required to comply with relevant provisions of sanctions and the anti-money laundering and anti-terrorist financing laws of DIFC/DFSA/UAE from time to time and You agree to provide all relevant details/records to SWSS promptly upon SWSS’s request.

Any Transactions initiated by You shall be deemed to be that of and initiated by You and SWSS is not responsible for any misuse of the Facility or the Services. It is Your responsibility to ensure that no unauthorized person has access to its computer unattended whilst accessing the Facility. If third parties gain access to the Facility or any of the Services offered as part of the Facility through your computer, you shall be deemed to be responsible and You hereby agree to fully indemnify and hold harmless SWSS against any liability, costs, or damages arising out of claims or suits by or against such third parties based upon or relating to such access and misuse. Under no circumstances shall SWSS or anyone involved in creating, producing, delivering, or managing the Facility be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of the Facility including any of the Services.

SWSS retains the right to decline, reject, suspend, put on hold, request more clarification/information on any proposal/Transaction submitted through the Facility. The availability of any information, advice, and guidance, if any, on the website, does not constitute a recommendation or representation by SWSS for buying any Plan. Any decision to purchase a Plan will and should be based solely on Your own evaluation of Your requirements and the terms, conditions, and exclusions of the Plan. Any submission/intimation of any form or detail does not constitute acceptance of liability by SWSS.

In the event of any conflict in the contribution(s) amount (whether displayed or paid) through the Facility and the actual contribution(s) amount required by SWSS for issuance or renewal of Your Workplace-savings-scheme, the actual contribution(s) amount as required by SWSS for issuance or renewal of Your Workplace-savings-scheme shall at all times supersede and prevail. For the avoidance of doubt, you clearly understand that contribution(s) payment through the Facility does not mean or imply issuance of the applied Workplace-savingsscheme. You also understand and agree that SWSS will not be under any obligation or liability till such times the required contribution(s) amount has been received by SWSS in full and based on SWSS’s requirement and the Workplace-savings-scheme has actually been issued by SWSS. SWSS is further not liable for any delayed Transaction or non-delivery or noissuance of the applied Workplace-savings-scheme for any reason whatsoever.

By using a credit or debit card to pay any amount/charges through the Facility, you confirm that the card being used is Yours and has been legitimately obtained from either a licensed bank or any other financial institution duly licensed to issue such cards. In the event of any decline of a payment authorization by your credit card issuer, SWSS shall not be under any obligation to inform You of the reason for the refusal and SWSS may decline that Transaction.

Unless otherwise mentioned, all amount/charges displayed on the Facility are in United States Dollar. SWSS shall not be responsible for your card issuer or bank charging You, as a result, of processing your credit card payment through the Facility including any currency conversion charges.

You understand that your Transaction will only be completed when SWSS acknowledges and separately confirms to You that the specific Transaction has been successfully concluded. If in doubt, you are advised to call our toll-free number to obtain updates/confirmations.

You further agree and fully authorize:

1. SWSS to use any of its approved verification agencies to make references/inquiries about or related to You from any source of information, or any person or entity nominated herein.

2. All financial institutions, banks, debt collection agencies, credit bureaus, or any other person or entity to disclose and provide SWSS with any information requested about or related to you as in its possession;

3. Any of Your past/present employer/business associates, any person, institution, medical practitioner(s)/hospitals/laboratories/medical providers, insurance companies, financial institutions to release to SWSS all details, records, facts, and information (including claim history/details, KYC records, AML-CTF & FATCA details) as required anytime by SWSS for any reasons whatsoever including for assessment, underwriting of risk, and/or for processing of claims;

4. SWSS, at any time and at its absolute discretion, to use and/or disclose the particulars and information provided in the Workplace-savings-scheme or the application or any information relating to our liabilities towards SWSS, or any other financial information including any breach of obligations or defaults (including in contribution(s) payment or repayment) or any other financial information to any other entity, organization, financial institutions or banks, debt collection agencies or credit bureaus;

5. SWSS and its associate partners to contact You anytime (including electronically through email, SMS, or telephone) for seeking any additional information and/or for providing any additional information whether related to the Workplace-savings-scheme and/or informing about any other SWSS’s products or promotions;

6. SWSS to use, process, and/or transfer (including outside UAE/Qatar/Oman/our office locations) any of Your personal data/Personal Information to its service providers/third parties as may be required by SWSS to perform its obligations.

For any requests or issues related to any amounts/charges paid through the Facility, you should contact SWSS in person with at least the below information:

1. Workplace-savings-scheme number, date of transaction, and the amount of contribution(s) paid through the Facility;

2. Your detailed contact information and proof of relationship with the insured (if different);

3. Proof of contribution(s) payment through the Facility; e.g. Your credit card statement.

4. Explanation of reason for issues/concerns;

5. Any relevant supporting documents.

Notwithstanding the above, you hereby acknowledge that contribution(s) refunds are subject to the detailed terms and conditions of the respective Workplace-savings-scheme, which You hereby re-confirm to have completely read, understood, and agreed upon prior to paying any contribution(s).

You hereby declare and accept that SWSS is under no obligation and assume no responsibility for defamatory, libelous, slanderous, falsehood, obscene, pornographic, profane, or any dangerous content posted on or through the Facility by You or any other person/the third party. You hereby understand and undertake not to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or hate material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You hereby understand that SWSS will fully cooperate with any law enforcement authorities or court order requesting or directing SWSS to disclose the identity of anyone posting any such information or materials.

Any third-party links or pointers to external websites maintained by others are "third-party sites" and are meant for convenience only. SWSS has no control over such sites and resources and is not responsible for the availability of such external sites or resources and does not endorse and assumes no responsibility or liability for any content, advertising, products, or materials on or available from such sites or resources. SWSS assumes no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource. In no event will SWSS be liable to any party for any direct, indirect, special, or other consequential damages for any use of this website, or any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages. If you find anything inappropriate on any third-party site, please inform us immediately.

The Online Services is an electronic, internet-based service. There are risks associated with utilizing internet and short messaging system (SMS) based services, which you are hereby advised and cautioned.

All communications in either electronic or paper format will be considered to be "in writing". You must print a paper copy of any important electronic communication and retain the copy for their records.

You agree to promptly update your registration records, including if Your e-mail address, mobile number, or other information changes.

Communications may be posted on the pages of the Online Service, SWSS’s website, and/or delivered to the e-mail address provided by You. Any electronic Communication (including SMS/emails) will be deemed to have been received by You when SWSS sends it to You irrespective of whether You receive the e-mail/SMS or not. If the communication is posted on the Online Service, then it will be deemed to have been received by You no later than two (2) Business Days after SWSS posts the communication on the pages of the Online Service, whether or not You separately retrieves the communication. Electronic communication by email is considered to be sent at the time that the SWSS e-mail server to the appropriate email address directs it. An electronic communication made by posting on the pages of the Online Service is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving electronic communications.

In order to access and retain Communications, you must maintain a valid e-mail account and email. Software capable of reading SWSS’s e-mails.

As part of Services, you hereby give your unconditional consent to SWSS and/or its service providers to contact You and to send to You SMS notifications (including for marketing/promotional notifications) on your mobile/landline telephone/emails. You agree to receive any number of such notifications at any time and during any time within the day or night.

SWSS shall not be responsible for any network failure by the network provider or any transmission. The error of any failure of such notification not being received by you.

You understand and acknowledge that Charges for receiving such notifications will be completely borne by You which may include mobile roaming charges and/or other additional charges if any charged by a non-UAE service operator.

You hereby agree to fully indemnify SWSS and its service providers against any and all actions, proceedings, liability, costs, charges, losses, or damages (including legal costs) it may suffer in connection with the provisions of electronic notification or as a result of any transaction over the GSM network in connection with such electronic notifications.

You must immediately notify SWSS of any loss or theft/hacking of Your mobile/email account, and you shall from the time of notification stop providing such notification to that mobile telephone/email account.

SWSS will not in any way be responsible or liable for any loss, damage, or other consequence arising from:

1. Non-delivery of any notification for any reason including as a result of Your mobile telephone being switched off, lost, or stolen; or

2. Delivery of an electronic notification to a party other than You if the mobile telephone or SIM card is not in Your possession or control for any reason whatsoever (whether with or without your consent), or

3. Delivery of a message to another mobile telephone due to the act or omission or error of the SWSS, its employees, officers, or agents, or any third party (including without limitation any service provider), or the use and provision of the electronic notifications service in any way.

SWSS accepts no liability for any loss or damage arising directly or indirectly from actions taken or not taken by You or any third party in reliance on material or information contained in a message sent to You electronically.

You acknowledge that any fund value/balance given to You electronically through the use of the electronic notification shall not for any purpose whatsoever be taken as a conclusive statement of Your balance and if need be, You must reverify the same with the SWSS branch.

Under no circumstances shall SWSS or anyone involved in creating, producing, delivering, or managing the Facility be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of the Facility including any of the Services.

SWSS's own records of the transactions maintained through its own/its service provider’s computer systems or otherwise shall be accepted as conclusive and binding for all purposes. More particularly, the record of SWSS generated by the Transactions, including the recording of the time of the Transactions shall be conclusive proof of the genuineness and accuracy of the Transactions.

You agree not to use this Facility or the Facility for any illegal purpose or in any manner inconsistent with the Agreement or UAE laws. You agree not to use, transfer, distribute or dispose of any information contained in the Facility in any manner that could compete or conflict with the business interest of SWSS or otherwise compromise or imperil the interests of SWSS. You acknowledge that the Facility has been developed, compiled, prepared, revised, selected, and arranged by SWSS and/or its service provider through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes the valuable intellectual property of SWSS and/or its service provider’s and may also include trade secrets of SWSS/its service providers and others. You agree to protect at all times the proprietary rights of SWSS/its service provider’s and all others having rights in the Facility at all times and to comply with all reasonable written requests made by SWSS or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Facility.

You agree to notify SWSS in writing promptly upon becoming aware of any unauthorized access or use of the Facility by any party or of any claim that the Facility infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.

You shall not:

1. Reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify, transmit, perform, publish or create derivative works from or in any way exploit any of the Facility / The facility in violation of the Agreement or the laws of UAE.

2. Create a database in electronic or structured manual form by systematically downloading and storing the entire Facility or part thereof save and except such information as relates or concerns you.

3. Rent, lease, sell, sublicense, or lend Your access to the Facility and to the Facility.

4. Cache or permit caching by any person.

5. Do any act that violates SWSS’s or its service provider’s intellectual property rights in the Facility or the Facility.

6. Engage in any fraudulent, abusive, or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain any private information of any use.

7. Use the Facility or the Facility to violate the security of any computer or computer network, crack passwords or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity.

8. Run mail list or any form of auto-responder, or spam on Facility or any processes that are run or are activated while You are not logged on or engage in any virus attack or denial of service attached or engage in any activity designed and/or intended to interfere with the working of Facility/Facility for any duration of time.

You irrevocably and unconditionally accept that any Transaction and/or instruction made or given through the Online Services will be entirely at Your own risk and responsibility. SWSS’s record of any Transaction or instruction processed in connection with Online Services will be binding and conclusive evidence of such Transaction or instruction for all purposes.

You agree that all security procedures used and implemented by SWSS are reasonable and adequate. You shall safeguard and ensure that the security procedures are kept secret at all times and shall diligently safeguard from disclosure and/or use by any other person(s), any authentication methods/devices, not to be disclosed to any third parties or unauthorized personnel. You are hereby advised:

1. You may not have access to the Facility 24 hours/7 days; there will be some planned and/or unexpected shutdowns during operating and non-operating hours. You acknowledge that such shutdowns may result in either partial or no access to the Online Services. SWSS reserves the right to record in its information systems all data concerning any communication or action relating to any Transactions. SWSS will use reasonable endeavors to execute Transactions/instructions as soon as these are received from You and accepted by SWSS’s information systems but does not guarantee any indicated turnaround time. The date and content of each Transaction/instruction will be verified by any means available to SWSS.

You specifically agree that any misuse or negligence caused by You under this Agreement will entitle SWSS to take suitable action against You and others engaged in such acts under civil, criminal, and/or common law for damages and/or punishment. You agree to indemnify and keep SWSS indemnified at all times from all losses, damages, costs, expenses, loss of profits, loss of business, proceedings, actions, suits (including legal fees) caused to or suffered by SWSS as a direct or indirect consequence of Your actions, including due to a breach of this Agreement, error, negligence or default.

SWSS shall not be responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographic errors, disruption, delay, interruption, failure, deletion, defect of any information, research, reports, analysis, or quotes, etc. in this Facility or any part thereof.

SWSS shall not incur any liability direct or indirect, to You or any third party, as a consequence of non-functioning of any equipment belonging to You, any third party, or us. We shall not be responsible for any downtime of such equipment.

SWSS does not warrant or guarantee that access to the Facility and the Facility will be uninterrupted, timely, secure, or error-free; nor does SWSS make any warranty or guarantee as to the results that may be obtained from the Facility or use of the Facility or as to the accuracy or reliability of the Facility.

SWSS shall not be liable for any action taken by You based on or relying on the information provided in orby the Facility.

SWSS will not be liable for any virus that may enter Your system as a result of You using the Facility. SWSS makes no warranty to You or third parties that the Facility will be virus-free. SWSS will not be liable for any direct, incidental, or consequential loss, which may be caused to You as a result of your use of the Facility / Facility.

If You are dissatisfied with the Facility or any portion thereof, the Facility or with any of the Agreement terms and conditions, your sole and exclusive remedy is to discontinue using this Facility.

SWSS reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Facility to reflect users' preferences.

If any Transaction could not be completed, SWSS and/or its service provider, upon learning that such transfer or payment has failed, will make reasonable efforts to complete the transaction. SWSS does not guarantee good and timely execution of Transactions and will not be liable for any direct, indirect, incidental, special, or consequential damages for failure to complete any Transaction under the Online Services, which was not intentional and resulted from a bona fide error, notwithstanding the Bank's procedures, to avoid such error, for instance: SWSS shall not be obligated to inform You of a failure to affect any payment or execute any Transaction. SWSS may at any time request from You written confirmation of submitted Transactions. You declare that none of its Transactions shall contribute to the laundering of criminal proceeds, and You assume responsibility for the authenticity and lawfulness of your Transactions.

The Online Services are provided entirely at Your risk and You agree to indemnify, defend and hold harmless SWSS, its service providers, affiliates, partners, officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages, and/or costs (including but not limited to, attorney's fees) arising from Your use of the Online Services and SWSS’s reliance on the information, Transaction, instruction, license, and/or authorization provided by You under or pursuant to these terms and conditions Agreement, Your violation of the terms and conditions of this Agreement or Your infringement, or infringement by any other user of Your personal details, of any Intellectual Property or another right of any person or entity, usage of the Services, SWSS acting on the Transaction/instructions, any damage to Your system, or any third party and/ or Your misuse/improper use/access of the Online Services as granted by SWSS, for failure to provide any or all of the facilities available underthe Online Services including any technical malfunction/breakdown. SWSS does not guarantee the accuracy, completeness, and timeliness of information set out or included on the Online Services and any information set out or included through the Online Service is subject to amendment, variation, and change from time to time.

Under no circumstances, including but not limited to negligence, shall SWSS, its employees and directors, its suppliers, and its third-party advisors are liable to You for any direct, indirect, incidental, special, or consequential damages or any damages whatsoever including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss), arising out of or in any way connected with the use/delivery/performance of this Facility, with the delay or inability to use this Facility or any links or items on the Facility, the provision of or failure to provide Services, or for the content obtained through this Facility, or otherwise arising out of the use of this Facility, whether based on contract, tort, strict liability or otherwise, or for cost of procurement of substitute goods and repair and correction services or resulting from the use of this Facility or obtained or messages received or transactions entered into through or from the Facility or resulting from unauthorized access to or alteration of Your transmissions or data, even if SWSS has been advised of the possibility of such damages.

You agree that SWSS shall not be liable for any damages arising from interruption, suspension, or termination of the Facility, including but not limited to direct, indirect, incidental, special, consequential, or exemplary damages, whether such interruption, suspension, or termination was justified or not, negligent, or intentional, inadvertent or advertent. 8.3. You agree that the Online Services are provided exclusively for Your benefit. SWSS shall not be held liable in any manner or form, for providing the Online Services, including but not limited to, any of the following:

1. If you are unable to access and/or utilize the Online Services due to any reason including any technical, communication, or network malfunction or breakdown;

2. For any loss or damage that may arise or be incurred directly or indirectly by reason of SWSS carrying out any Transactions or instructions or from any malfunction or failure of the Online Services.

3. For any partial, incomplete, late, or failed transfer, remittances to any payee/beneficiary/third party nominated under the Online Services due to any reasons beyond SWSS’s control.

All Intellectual Property, SWSS Technology materials, documents, and other computer software and hardware belonging to SWSS and/or relating to business conducted under this Agreement and in Your possession shall at all reasonable times be available to SWSS and its duly authorized representatives for inspection and audit.

If this Agreement is terminated or notice of termination is given, such Intellectual Property, SWSS Technology, materials, documents computer software, and hardware belonging to SWSS and in Your possession must be delivered by You to SWSS within thirty (30) days from the day on which the Agreement is terminated.

SWSS hereby grants to You a non-exclusive, personal, royalty-free non-transferable, no assignable right to use within the United Arab Emirates such of SWSS’s Intellectual Property and SWSS. Technology as may be provided by SWSS to You for the purposes of this Agreement (the SWSS Deliverables). Notwithstanding the rights granted to You under this Agreement, SWSS shall retain all ownership rights, title, and interest (including, without limitations, all worldwide intellectual property rights) in the SWSS Deliverables, provided further that You covenants and agrees not to use the SWSS Deliverables otherwise than in connection with and in furtherance of the performance of its obligations under this Agreement.

You further covenant and agrees that You will take adequate care of SWSS Technology at all times and will ensure adequate care and accuracy of data being entered into and/or referred from SWSS technology and/or SWSS’s Intellectual Property.

You should assume that everything You see or read or hear or experience on the Facility (including but not limited to directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, profiles, audio clips, video clips, trademarks, service marks and the like, (collectively " the Content") is copyrighted / protected by intellectual property rights laws unless otherwise mentioned and may not be used except as provided in this Agreement.

Subject to the foregoing provisions, you shall not use or make use of any of SWSS’s and/or its service provider’s Intellectual Property, name, trademarks, service marks, or logos without first obtaining the written consent and approval of SWSS.

The Receiving Party shall not at any time without the prior written consent of the Disclosing Party:

1. Utilized, copy employ, or use in any manner any of the Confidential Information otherwise than in furtherance of its obligations under this Agreement;

2. Disclose any of the Confidential Information to any third party, other than to any of the Receiving Party’s Representatives who are reasonably required in the course of their duties to receive and acquire the same and who are made aware of the confidentiality provisions contained in this Agreement. The Receiving Party shall be primarily liable for any breach of these provisions by any of its Representatives; and

3. Make any copies of the Confidential Information or reproduce it in any form except for the purpose of utilizing the same for the furtherance of obligations under this Agreement and/or supplying the same to those whom disclosure is permitted in accordance with this agreement.

The Receiving Party shall take every reasonable precaution to maintain the confidentiality of Confidential Information.

A Party may disclose Confidential Information to the extent required by law, by any governmental or other regulatory authority, or by a court or other authority of competent jurisdiction provided that, to the extent, it is legally permitted to do so, it gives the other Party as much notice of such disclosure as possible.

The term of this Agreement shall be one (1) year from the Effective Date (the "Term") and shall renew automatically on the date of its anniversary unless terminated in accordance with the Termination clause. If a quotation or a Workplace-savings-scheme has been issued pursuant to a transaction initiated through this Facility, then the term of this Agreement shall be valid up to the term of the respective quotation and/or Workplace-savings-scheme as issued to the Member.

SWSS reserves the right, in its sole discretion, to terminate the User’s use of the Facility and/or any of the Services with immediate effect without giving any prior notice to the User.

Without limiting any other right or remedy that SWSS may have under these terms and conditions Agreement or otherwise, should a need be, SWSS reserves the right to suspend Your right to use the Online Services, immediately and without prior notice to You. In the event of any such temporary suspension, the Member may request reinstatement of the facilities by contacting SWSS. SWSS reserves the right in its sole discretion to grant or deny Your reinstatement to use any of the facilities or the Online Services.

No failure or delay on the part of SWSS to exercise any power, right, or remedy under this Agreement shall operate as a waiver thereof, nor shall any partial exercise by SWSS of any power, right or remedy prevent any other alternative exercise thereof or the exercise of any other power, right or remedy. The remedies provided in this Agreement are cumulative and are not exclusive of any remedies provided by law.

Nothing herein shall be deemed or construed by the Parties hereto nor by any third party as creating a partnership, an agency relationship, or of a joint venture between the Parties or any of their respective agents hereto. For the avoidance of doubt, neither Party has the power nor does authority under this Agreement to bind the other Party nor make promises or representations in any circumstance whatsoever on behalf of the other Party.

Each of the provisions of this Agreement is severable from the others and if at any time one or more of such provisions is or becomes illegal, invalid or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired.

SWSS reserves the right to make changes to this Agreement from time to time, to address changes including as required by the law or regulatory changes or as required due to changes to the functionality offered through the Facility or for any other reasons at the sole discretion of SWSS. Your continued use of the Facility after the date the changes are advised to You will constitute your acceptance to such modified terms.

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be exclusively governed by and construed in accordance with the laws of Dubai, United Arab Emirates. Each of the Parties agree to submit to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.