ZIO Members App T&Cs

Zurich ZIO Members App Terms and Conditions Summary of Changes Document

Terms of Use

These terms and conditions (the “Terms of Use”) shall govern the access and use by users (“You”, “Your”) of the mobile application software owned by Zurich (as defined below) identified as “Zurich ZIO Members App” on the iOS and Android operating system and any updates and supplements thereto (“ZIO Mobile Application” or “App”).

1. AGREEMENT

By clicking the "Accept the terms and conditions" tick box on the ZIO Mobile Application registration or login page (as applicable):

(1) You as a pre-registered user of ZIO (as defined at 2.1 below); and

(2) Zurich International Life Limited, a company registered in the Isle of Man with registered number 020126C, with its registered office at Zurich House, Isle of Man Business Park, Douglas, Isle of Man IM2 2QZ (which also operates through the following branch offices:

Zurich International Life Limited, Bahrain Branch, which is registered in Bahrain under Commercial Registration No. 17444 and is licensed as an Overseas Insurance Firm – Life Insurance by the Central Bank of Bahrain. Branch offices: 27th Floor, Almoayyed Tower, Seef District, Kingdom of Bahrain
Zurich International Life Limited, UAE Branch, which is registered (Registration No. 63) under UAE Federal Law Number 6 of 2007, and its activities in the UAE governed by such law. Registered offices at Unit 601, Building 6, Emaar Square, Dubai. (PO Box 50389 Dubai)
Zurich International Life Limited, Qatar Branch, which is authorised by the Qatar Financial Centre Regulatory Authority. Branch offices: Office No. 404, 4th Floor, Qatar Financial Centre Tower, West Bay, Doha, Qatar)

(together “ZILL”)

or Zurich Eurolife S.A., with registered office at Building Elise, 21, rue Léon Laval, L-3372 Leudelange, Luxembourg and registered in the Luxembourg Trade and Companies register under number B51753 (“ZEL”), as applicable,

will enter or have entered into an agreement regarding the access and use of the ZIO Mobile Application on the following terms and conditions. ZILL and ZEL are collectively referred to herein as “Zurich/We/Us/Our”.

2. GENERAL

2.1 The App may only be used by You where You are a member of (a) corporate contract(s) of insurance between Us and the policy owner (“Policy”) and you have registered with Zurich International Online (“ZIO”), the internet based service website belonging to Us identified as https://online.zurichinternationalsolutions.com to create a ZIO user account (“ZIO User Account”).

2.2 These Terms of Use apply to the App and are in addition to the ZIO Terms and Conditions (“ZIO Terms and Conditions”) which apply to and govern Your ZIO User Account and ZIO Access Credentials. The ZIO Terms and Conditions may be found on the ZIO website. In case there is a conflict between these Terms of Use and the ZIO Terms and Conditions, these Terms of Use shall prevail with regards to Your use of the App. Terms not defined in these Terms of Use shall have the same meaning as provided in the ZIO Terms and Conditions.

2.3 These Terms of Use are subject to amendments and changes at any time at Zurich’s sole discretion. Your continued use of the App after We make changes is deemed to be Your acceptance of those changes, so please check these Terms of Use periodically for updates.

2.4 In these Terms of Use the following definitions shall have the following meanings:

2.4.1 ‘App Account’ has the meaning described in clause 3.1.1;

2.4.2 ‘App Access Credentials’ has the meaning described in clause 3.1.1;

2.4.3 ‘App Services’ has the meaning described in clause 3.1.3;

2.4.4 ‘Biometric Credentials’ mean Your unique biometric data that is used for authentication, to provide identity and to gain access to the App;

2.4.5 ‘Mobile Device’ means Your iOS or Android mobile device owned or controlled by You;

2.4.6 ‘Policy Terms’ means the terms and conditions applying to a Policy; and

2.4.7 ‘ZIO Access Credentials’ has the meaning described in clause 3.1.1.

3. APP

3.1.1 To use the App, You will be required to register an App user account (“App Account”). Access to the App Account is governed by Your ZIO Username, Password and Memorable Number (“ZIO Access Credentials”). You will provide, as part of the registration process, Your Biometric Credentials and/or such other security details which may be requested by Us from time to time (“App Access Credentials”). Where You provide Your Biometric Credentials during the registration process, such details will not be processed by Us, but stored on Your Mobile Device.

3.1.2 You are responsible for maintaining the security of Your App Access Credentials. We are entitled to assume that any instruction, request or use of the App Account when using the App Access Credentials comes from You. Zurich cannot and will not be held liable to You for any loss and/or damage arising out of Your failure to comply with the requirements set out in this clause 3.1.2.

3.1.3 As a member of a Policy:

- we may provide You with limited information related to that Policy linked to Your ZIO Access Credentials through the App Account. Subject to the Policy Terms, this information may include, member policy summary; member policy valuation; and member contributions;

- subject to the Policy Terms, You may use the App Account to ask Us to make changes to Your personal information and, where applicable, Your designated beneficiary’s personal information; and

- subject to the Policy Terms, We may also make other interactive functionality available to You through the App Account,

together the “App Services”.

The App Services may be made available to You at Our sole discretion and are subject to the limitations and/or functionality of the App. You acknowledge that the App Services may not be available at all times.

3.1.4 Information and/or any other data made available in the App does not constitute financial advice. You should not treat any of the information or the use or the result of using any of the App Services as a recommendation of any particular product or service or that such product or service is suitable for Your own circumstances. If You require financial advice please consult an independent financial adviser.

3.2 License Grant

3.2.1 Subject to these Terms of Use, We grant to You a revocable, non-exclusive, non-transferable, non-sub-licensable right to access and use the App and the App Services.

3.3 Intellectual Property

3.3.1 All intellectual property rights in the App, the App Services and the presentation of it (including, but not limited to the ‘Zurich’ logo, trademarks, text, graphic images, features and functions and layout) are the exclusive property of Zurich. The right to access and use the App is licensed to You in accordance with clause 3.2 above. You have no rights in, or to, the App, the App Services and the presentation thereof, other than the right to access and use the App and the App Services in accordance with these Terms of Use.

3.4 Modified or removed device manufacturer settings

3.4.1 The App may access Your device’s manufacturer security settings to detect whether these settings have been modified or removed. Zurich may use this information to send You alerts/notices; or to decide on Your continued access and/or use of the App, in its sole discretion. Your continued use of the App is not a waiver of Zurich’s rights under the Terms of Use (including clause 10).

4. PORTFOLIO MANAGEMENT

4.1.1 Making changes to the portfolio of a unit-linked policy i.e switching or redirection of fund holdings within a Policy may be permitted by Zurich through Your App Account as part of the App Services, subject to the Policy Terms and ZIO Terms and Conditions (“Portfolio Management”). Portfolio Management may be made available to You as part of the App Services at Our sole discretion and is subject to the limitations and/or functionality of the App and may be withdrawn by Us at any time. Zurich cannot and will not be held liable to You for any loss, damages and/or costs arising out of or connected with Your use of Portfolio Management through Your App Account, the withdrawal of the Portfolio Management functionality by Us or any availability or unavailability of the same.

4.1.2 Zurich is not authorised to provide any financial advice, including recommending fund choice to policy owners and/or members of a Policy.

4.1.3 Making changes to the fund holdings on a Policy has financial implications. Zurich recommends all policy owners and/or members of a Policy consult their respective financial professionals or an independent financial adviser before making any changes to the fund holdings on the Policy.

5. RESTRICTIONS ON USE OF THE APP

5.1 Pre-registered ZIO users with a ZIO User Account as a member of a Policy only may access and use the App. The App and the App Services may not be used by any third party or other individual.

5.2 You agree that you will:

5.2.1 not copy or reproduce, in whole or in part, in any form the App and/or the App Services, except where it is necessary for the purpose of back-up or operational security;

5.2.2 not translate, merge, rent, lease, lend, adapt, vary, alter or modify, in whole or in part, in any form the App and/or the App Services nor permit the App and/or the App Services or any part of them to be combined with, or become incorporated in, any other programs;

5.2.3 not disassemble, de-compile, reverse engineer, attempt to derive the source code of, or create derivative works based on the whole or any part of the App or the App Services;

5.2.4 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App and/or any App Service; and

5.2.5 access and use the App and/or the App Services in compliance with the law as defined under clause 14 and other laws and regulations of any other jurisdiction which may apply.

5.3 You must:

5.3.1 not use the App and/or any App Services in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any App Service or any operating system;

5.3.2 not infringe Our intellectual property rights or those of any third party in relation to your use of the App and/or any App Service and not post or upload content to the App in which You do not own the respective rights, including but not limited to by the submission of any Information by You to the App (as applicable and only where this functionality is made available by Us);

5.3.3 not transmit any material that is unlawful, threatening, abusive, libellous, defamatory, obscene, offensive or otherwise objectionable in relation to Your use of the App and/or any App Services, or do anything which would amount to a criminal offence or create a civil liability for Us in accordance with any applicable law;

5.3.4 not use the App and/or any App Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

5.3.5 not collect or harvest any information or data from any App Services or our systems or attempt to decipher any transmissions to or from the servers running any App Services.

6. COMMUNICATION AND ENGAGEMENT

6.1 Message Centre

6.1.1 The App includes a message centre feature where You will receive communications from Zurich (“Message Centre”). Communications may include updates on the Policy, Your participation as a member, important notices, reports, statements and other information relevant to Your use of the App Services. We may use external service providers to facilitate these Notifications (as defined in 6.2.1).

6.1.2 Communications from Zurich sent via the Message Centre are provided solely for convenience and informational purposes. Zurich does not warrant or guarantee the accuracy, completeness, or timeliness of any information provided through the Message Centre. Any actions taken by You based on the information received through Message Centre shall be at Your own discretion and risk.

6.2 Notifications

6.2.1 We may use notifications, including but not limited to in-app messages and push notifications to communicate with You through the App (“Notifications”). We may use external service providers to facilitate these Notifications.

6.2.2 Notifications are provided solely for convenience and informational purposes. Zurich does not warrant or guarantee the accuracy, completeness, or timeliness of any information provided through Notifications. Any actions taken by You based on the information received through Notifications shall be at Your own discretion and risk. You can manage your Notifications settings in your device settings and/or in the App.

6.2.3 We reserve the right to limit or cease any Notifications to You for any reason, including but not limited to, legal and regulatory requirements, at Our sole discretion.

6.3 Feedback

We may provide You with interactive voluntary feedback features within the App, including but not limited to surveys, feedback forms, and other tools to gather Your input and suggestions (“Feedback Features”). We may use external service providers to facilitate the Feedback Features. We reserve the right to use the information received from the Feedback Features for our legitimate interests.

7. DATA COLLECTION, USE AND PREFERENCES

7.1.1 We may use data collected from your device, using technologies including but not limited to, cookies, SDKs or similar technologies. This may include, but is not limited to, feedback, usage patterns, preferences and Your interactions with Notifications within the App for analytical purposes. We may use external service providers to gather this data on our behalf. Our service providers may process, anonymise and aggregate limited usage information for the improvement of their services. The data referred to in 7.1.1 is collectively referred to as ‘Analytics Data’ going forward in these Terms of Use.

7.1.2 You can manage Your preferences in relation to Analytics Data within the ‘Settings’ option within the App’s ‘Profile’ area.

7.1.3 Analytics Data which contains any personal data will be handled in accordance with applicable data protection laws and regulations.

7.1.4 For further information on how We process Your personal data, please refer to the Zurich ZIO Members App Privacy Notice.

8. THIRD PARTY WEBSITES

8.1 Where the App contains links to third-party sites or third-party resources, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

8.2 Zurich does not assume any responsibility or liability with respect to any third-party sites or third-party resources via hyper-link to the App, including its content and operation. Zurich does not represent or warrant that any third-party site or third-party resource linked to the App is accurate, correct, complete or reliable. You acknowledge that in using any third-party site or third-party resource you do so entirely at your own risk. You should use such websites in accordance with the terms of the site being entered or resource being used.

8.3 You will obtain any licenses required in respect of any intellectual property rights existing in third-party sites or third-party resources hyperlinked to the App directly from the relevant third party. We will not be responsible or liable in respect of such intellectual property rights as a result of You having accessed the third-party site or third-party resource via the App.

9. GENERAL DISCLAIMER

9.1 You expressly acknowledge and agree that access to and use of the App and/or the App Services is entirely at Your own risk. You understand and agree that the App, the App Services and the access to each, is provided to You on an “AS IS” and “AS AVAILABLE” basis. Without limiting the generality of the foregoing, to the extent permitted by law, Zurich or any of its affiliates expressly disclaim any warranties or conditions of any kind with respect to the App, and/or App Services, whether express or implied, including but not limited to any implied warranties or terms and conditions of title, of merchantability, fitness for a particular purpose, and non-infringement of third-party rights.

9.2 To the extent permitted by law, Zurich or any of its affiliates especially disclaim all warranties or conditions of any kind with respect to (i) the completeness, accuracy, availability, timeliness, security or reliability of the App, the App Services, and (ii) whether the App and/or the App Services will meet Your requirements or be available on an uninterrupted, secure or error-free basis. It is Your responsibility to evaluate the accuracy, completeness, reliability and security of the App and/or the App Services.

9.3 To the extent permitted by law, in no event shall Zurich, nor any of its subsidiaries or affiliates, be liable to any party, (whether in contract, tort (including negligence) or otherwise) for any losses, costs or damages, including any direct, indirect, special, incidental, or consequential loss or damages, arising out of or in connection with the access or use of, or inability to access or use the App and/or the App Services or any of its functions or features, including but not limited to, in connection with any use of or downloading of the App, downloading of information, data, text, images, or other material accessible via the App and/or the App Services or any website linked to or linking to the App.

9.4 Without limitation to clause 9.3 above, Zurich will not be liable to You or any other party or be deemed to be in breach of these Terms of Use by reason of any delay, interference or inability to provide the App or any App Services contained therein.

10. INDEMNITY

10.1 You will indemnify and keep Zurich indemnified from and against any and all claims, liabilities, loss, damages and expenses incurred by Zurich arising from or in connection with (i) Your use of or access to the App and/or the App Services, (ii) any breach of Your obligations to Zurich under these Terms and Use, and (iii) any abuse of the App and/or App Services by You.

11. CHANGES TO THE APP

11.1 We reserve the right from time to time to update or modify the App for any reason and without notice, including but not limited to, for improving performance of the App, enhancement of functionality, to reflect changes to the software or in relation to security.

11.2 It is Your responsibility to ensure that when accessing or using the App, You have at all times compatible software with which to do so. Any costs in relation to acquiring such software are for Your sole account.

12. TERMINATION

12.1 These Terms of Use shall become effective on the date You click the "Accept the terms and conditions" tick box on the ZIO Mobile Application registration or login page (as applicable) and will continue to apply until terminated by either You or Zurich.

12.2 We reserve the right to suspend or terminate these Terms of Use and withdraw Your access to the App Account at any time and without notice.

12.3 You may terminate these Terms of Use at any time by de-registering from the App through the App Account. Your access to the App and the App Account will automatically terminate at that time.

12.4 In the event that the ZIO Terms and Conditions governing Your use of ZIO are suspended or terminated in accordance with the provisions contained therein, these Terms of Use and Your access to the App Account shall automatically be suspended or terminated (as applicable) at the same time.

12.5 In the event that these Terms of Use are terminated or suspended in accordance with this clause 12, all and any licenses or rights granted to You under these Terms of Use will be withdrawn.

13. MISCELLANEOUS

13.1 You may not assign, subcontract or hold on trust all or any of Your rights or obligations under these Terms of Use. We may assign any of Our rights or obligations under these Terms of use.

13.2 These Terms of Use constitute the entire agreement between You and Us with respect to the subject matter hereof. These Terms of Use supersede all prior agreements between the parties regarding its subject matter.

13.3 Except as expressly provided in these Terms of Use, no term of these Terms of Use will be enforceable by any person other than You or Us.

13.4 If any provision of these Terms of Use are held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Terms of Use and the remainder of the affected provisions will continue to be valid.

14. LAW AND JURISDICTION

14.1. Where use of the App relates to a Policy issued by Zurich International Life Limited, these Terms of Use shall be governed by the laws of the Isle of Man. You agree that the only courts that may deal with any dispute that may arise under these Terms of Use are the courts of the Isle of Man.

14.2 Where use of the App relates to a Policy issued by Zurich Eurolife S.A., these Terms of Use shall be governed by the laws of Luxembourg. You agree that the only courts that may deal with any dispute that may arise under these Terms of Use are the courts of Luxembourg.

14.3 In the event that these Terms of Use are translated into another language, the English version will prevail.