Health Insurance: Comprehensive coverage for medical expenses, including doctor's visits, hospitalization, surgeries, and medications.

Handset Insurance: Protection against damage, loss, or theft of your mobile device.

Accidental Insurance: Coverage for accidental injuries and death.

Life Insurance: Financial protection for your loved ones in case of your untimely death.

OPD/IPD Plan: Coverage for outpatient (OPD) and inpatient (IPD) medical expenses.

Cancer Takaful Plan: Financial support for cancer treatment and related expenses.

Women's Takaful Plan: Tailored insurance coverage specifically designed for women's healthcare needs.

1. Terms of Use

Salam/Greetings! and very warm welcome to the Terms of Use of Fikrfree (“Terms ”). These Terms are between you and Pakistan Mobile Communications Limited, a company registered under the laws of Pakistan (“PMCL” “We”, “Us”, “Our”) providing the [Fikrfree] mobile application (the “Platform”) to you on your location. Please read these Terms, along with the privacy policy (the “Privacy Policy”) applicable to you, and all other rules and policies related to the Platform. Each time you visit, browse, or use the Platform, you accept these Terms and Privacy Notice and you agree to be bound by them Your agreement with us includes these Terms.

The Platform utilizes various features of your device to enhance functionality. This includes location services, sensors such as the altimeter and accelerometer, and modifications to memory and storage. Additionally, it accesses phone statistics, identity details, and device features like file systems, contacts, call logs, camera, SMS inbox, and Wi-Fi connections.

These features serve specific purposes:

- Location Services: Enable us to offer insurance policies tailored to your location and send location based notifications.

- Camera/Gallery Access: Facilitate document uploads for efficient verification and settlement of insurance claims.

- Logs and History: Maintain a transparent record of your interactions and transactions for your reference.

By continuing to use the Platform, you consent to these uses of your device's features, enhancing your overall insurance experience.

IF YOU DO NOT AGREE WITH THESE TERMS, THEN PLEASE REFRAIN FROM USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU IRREVOCABLY ACCEPT THE AGREEMENT AND AGREE TO ABIDE BY THE SAME (AS UPDATED FROM TIME TO TIME).

If you have downloaded the Platform from the Google Play Store (for Android users) or the App Store (for IOS users), You will also be subject to Google Play and/or App Store Terms of Service, respectively. If there is any conflict between Google Play Terms of Service and/or App Store Terms of Service and this Agreement concerning your use of the App, then, this Agreement shall prevail.

2. SERVICES

2.1 The Platform provides a range of services (collectively the “Services”) which include the FikrFree mobile application / App, website, on through which the Users will have access to insurance services which the Users may Purchase as they deem fit.

2.2 The names, images and logos identifying PMCL and its businesses, affiliates or third parties and their products and services are proprietary marks of PMCL and/or the respective affiliates or third parties. Nothing contained in these Terms shall be construed as conferring any licence or right under any trademark of PMCL or the respective affiliates or any other third party.

3. THIRD PARTY SERVICE PROVIDERS

3.1 The Platform provides access to certain third-party service providers. Third-party providers of websites and applications that you access through the Platform are accessed at your own risk, and we have no liability for any issues that may arise from using such third-party services. If any third-party websites or applications cause any problems or harm, you should seek redress directly from the third-party provider. We have no responsibility in such matters and therefore, cannot assist. It is also important to note that third-party providers of websites or applications that you access through the Platform may have their terms and conditions. It is your responsibility to read and adhere to such terms and conditions.

3.2 PMCL warrants that it will perform its obligations under these Terms in a professional manner, by industry standards, and will make reasonable efforts to keep the Platform operational. However, the Platform is provided on an “as is” basis and PMCL makes no warranties, expressed or implied, concerning the availability, merchantability, fitness for a particular purpose, non infringement, accuracy or completeness, of the Platform or the third-party websites or applications available on the Platform. You acknowledge that the Platform may contain errors and that PMCL does not guarantee its uninterrupted or error-free operation.

4. MODIFICATIONS, UPDATED AND AMENDMENTS

4.1 PMCL reserves the right to change the Terms under which the Services are offered, including but not limited to the charges, if any, associated with the use of the Services. The Terms may be further modified based on changes in the business, legal and regulatory requirements and will be updated online. You are encouraged to periodically visit this page to review these Terms and any changes to it. PMCL reserves the right to add, modify or delete any content or features available in the Platform at any time at its sole discretion.

4.2 PMCL reserves the right to suspend or discontinue the Services or any part thereof, at any time and without notice (except as required pursuant to applicable law) and PMCL will not be liable to you should it exercise such rights, even if your ability to use the Service is impacted by the modification or change.

4.3 PMCL reserves the right to make changes to the Terms and the Privacy Notice for legal or regulatory reasons; for security reasons; to enhance existing features and/or add additional features to the Services; to reflect advancements in technology; to make reasonable technical adjustments to the Services; and to ensure the ongoing operability of the Service at any time by posting the revised terms in connection with the Services. To the maximum extent permitted by law, your continued use of the Services or the Platform following any changes will constitute your acceptance of such changes.

5. USING THE PLATFORM

5.1 You are responsible for maintaining the confidentiality of your user identification, password, account details and related private information. This is to ensure that your account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of your account. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree and acknowledge that any use of the Platform and related services offered and/or any access to private information, data or communications using your account and password shall be deemed to be either performed by you or authorized by you as the case may be.

5.2 If you permit anyone else to use or access the Platform using your account, you acknowledge that these Terms as well as any consents you may have provided also applies to their access, use, and disclosure of information.

5.3 By accessing or using the Platform:

(a) You confirm and warrant that all the data and information you supply to PMCL and or any PMCL's affiliates ("Registration Data") is accurate in all respects and at all times.

(b) You agree to promptly update your Registration Data as necessary, so that your Registration Data remains accurate at all times.

(c) You acknowledge that PMCL contracts with you and is responsible for distributing the Platform in Pakistan and that PMCL is the data controller as set out in detail in the Privacy Notice

5.4 When you use the Platform, you may be given the opportunity to consent to or opt out from receiving communications from us through email, text, and/or mobile push notifications or any other method as PMCL may provide. Standard text and calling rates will apply. You agree that texts, calls, or pre-recorded messages may be generated by automatic telephone dialling systems. For details on opting out of marketing material, kindly refer to the Privacy Notice. You acknowledge that you are not required to consent to receive promotional texts, emails, or calls or any other communication as a condition of using the Platform.

5.5 During Service activation, the subscriber consents to receiving text messages for new features/updates in the Platform. Text messages are sent from PMCL’s Network which does not incur any charges.

6. General Disclaimers

6.1 By using the Platform, You agree that You are fully able and competent to understand and accept this Agreement as a binding contract and to abide by all Terms

6.2 You shall not access the Platform by any other means other than through the interfaces that are provided and not acquire, copy, or monitor any portion of the Platform in any way to reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Platform.

6.3 You shall not host, display, upload, modify, publish, or share any information on the Platform that belongs to another person to which You do not have any right; or is grossly harmful, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, racially objectionable, disparaging, relating to encouraging money laundering or gambling or otherwise unlawful in any manner; or engages in any activity that interferes with or disrupts access to the Platform or the servers/networks; or Falsifies or deletes any author attributions, legal or other notices, proprietary designations, label soft he origin or source of software,or other material on the Platform; or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing or which is patently false or misleading but may reasonably be perceived as a fact;

6.4 You agree that in case of non-compliance with applicable laws, or with these Terms or with the Privacy Policy, We have the right to terminate your access or usage rights to the Platform immediately.. You hereby agree that you will never use the Platform in violation of any applicable law

6.5 We shall not be liable for any misuse of the Personal Information shared by You with Us or a third party on Your profile on the Platform.

6.6 We reserve the right to change the Terms from time to time, and such changes will apply to You if You continue to use the Platform at any time after such changes are posted on the Platform. Where We believe that any changes are material, We will notify You through either an in-app notification, SMS, push notification, or email You have provided Us, but regardless of whether You receive such notice, any changes will become effective if You use any of the Platform at any time after such changes are published on this page. We recommend that you visit this page periodically to be sure You are aware of the most recent Terms.If You do not wish to agree to any changes to these Terms, please cease using the Platform.

7. Payments

7.1 You may be required to provide personal information to PMCL and may be required to make payment(s) for certain Services through credit card, digital wallet, or other payment method accepted by PMCL ("Payment Method") that you have selected.

7.2 You agree, understand and acknowledge that PMCL facilitates a third-party payment gateway for processing of payments. This facility is managed by a third-party payment gateway provider. For certain Payment Methods, you are required to follow all the terms and conditions of such third-party payment gateway provider which are referred to on the Platform and/or such third-party platform, if specified therein. You acknowledge, that you are additionally bound by the terms and conditions of the third-party payment gateway and/or such third-party platform as per the Payment Method used for the payment of the Subscription Fees (as defined below in Clause 7.6).

7.3 You are responsible for the accuracy and authenticity of the payment information you provide including the bank account number/credit card details and any other information requested during the subscription process. You represent and warrant that you have the right to use any credit card or other payment information (including relating to any Payment Method) that you submit. You agree and acknowledge that PMCL shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental, or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.

7.4 Upon payment being received by PMCL through any of the Payment Method, PMCL shall make the relevant Service available to you through any of the approved modes of delivery that PMCL adopts.

7.5 The fees specified for each Service are inclusive of all applicable taxes. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party internet access charges, bank charges and taxes not included within the fee in connection with your use of the Platform, which may differ based on your service provider. Please check with your internet provider, bank, Payment Method service provider for information for such charges.

To cancel the service, unsubscribe in the policies tab in the App

7.7 PMCL reserves the right to change the accepted method of payment or billing provider at its sole discretion; PMCL further reserves the right to change the subscription fee or run special offers from time to time in which it can offer discounted or free subscriptions to Billing Provider’s customers.

8. ADVERTISEMENTS, CONTESTS AND PROMOTIONS

8.1 PMCL may include or offer third-party products on the Platform through digital advertisements, whether fetched directly from advertisers or sourced from ad networks. PMCL does not represent and warrant that advertisements of the products or Services on the Platform or the third party content made available / hosted on the third-party sites are true and correct. Accordingly, PMCL takes no responsibility over and expressly disclaims any liability arising out of, the advertisements or usage of such advertised products or services. Any dealings you have with advertisers due to your use of the products or services advertised on the Platform are between you and the advertiser, and you agree that PMCL is not liable for any loss or claim that you may have against an advertiser.

8.2 PMCL may notify additional terms and conditions (“Additional Terms and Conditions”), from time to time, in connection with your: (a) participation in any contest, game, or other promotion on the Platform conducted by PMCL and/or PMCL’s affiliates and/or any third party partner authorized by PMCL, and/or, (b) participation in any contest, or promotion, in connection with the Platform integrated with a third-party website, service, application, platform. If such Additional Terms and Conditions conflict with these Terms, the provisions contained in the Additional Terms and Conditions will govern and control, to the extent of the inconsistency or conflict (as applicable).

9. No Guarantee\ Warranty

9.1 The Platform and all information, materials, services and functions contained therein including, software programs, data, databases, texts, graphics, photographs, animations, audio, music, video, links or other materials are provided “as is” and “as available”. No warranty of any kind, implied, express or statutory including but not limited to any warranties of title, non-infringement of third party, merchantability, satisfactory quality, compatibility, error-free, reliable, fitness for a particular purpose and freedom from computer virus or other malicious, destructive or corrupting code, agent, program or macros, is given in conjunction with the Platform or service.

9.2 PMCL does not guarantee that:

(a) The Platform will meet the User’s expectations; or

(b) The Platform will be accessible without interruption or in a timely, reliable, or fault-free manner; or

(c) The results obtained through the use of the Platform will be as per users' expectations deemed as correct and reliable; or

(d) The quality of the products, services, information, or other material Won or obtained by the User through the Platform will meet the User’s expectations

9.3 The User shall be solely responsible for damages to his or her data system or for loss of data arising from downloads of content from the Platform.

9.4 No guidance or information, written or oral, obtained from XYZ or via the Platform, shall constitute any warranty, which has not specifically been stated in these Terms.

9.5 In addition, PMCL makes no warranty regarding any applications, products or services that may be or which are purchased or obtained, or any transactions entered into, through the Platform.

10. Indemnity and Limitation of Liability

10.1 The Users shall indemnify, defend, and hold harmless PMCL and its affiliates, if any, from and against all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by PMCL that arise out of, result from, or in connection with:

(a) the User’s breach of these Terms;

(b) any claims made by any third party due to, or arising out of, or in connection with User’s use of the Platform or participation in a Tournament on the Platform or winning/claiming the reward of such Tournament;

(c) the User’s violation of any rights of another, including intellectual property rights; and

(d) the User’s violation of any applicable laws.

Notwithstanding anything to the contrary in these Terms, in no event shall PMCL and its affiliates, if any, be liable to the User or anyone claiming through the User in respect of any subject matter of these Terms.

10.2 Users specifically acknowledge and agree that in no event shall PMCL be liable for any direct or indirect damage, including but not limited to, delay, damages caused by unused opportunity of the Platform, loss of profits, goodwill, licenses of data, or other financial loss arising out of: the use of the Platform or inability to use the Platform; costs arisen from acquiring are placement of any product or service that is based on any item, data, information, or service purchased through the Platform, from any message received through the Platform or any transactions made using the Platform; third party claims against the subscriber; unlawful access to or modifications of data transmissions; or any other circumstances related to the Platform.

10.3 PMCL exempts itself from any claims for damages relating to the Platform access, function, quality, and possible errors such as spelling errors, bugs, and other factors relating to the Platform.

10.4 PMCL shall not be liable for any indirect or unforeseeable damages caused to the Users under any given circumstances.

10.4 PMCL shall not be liable for any indirect or unforeseeable damages caused to the Users under any given circumstances.

11. Force Majeure

11.1 PMCL shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting PMCL and unreasonably complicating PMCL’s activities. Examples of force majeure events are real or potential labor disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network. Force majeure or other event beyond PMCL’s control hindering, delaying or complicating the maintenance of the Platform entitles PMCL to suspend or limit the Platform until further notice.

12. TERMINATION OF SERVICE

12.1 PMCL reserves the right to immediately terminate, suspend, limit, or restrict your use of the PMCL Products and/or access to the Platform and/or the Services at any time, without notice or liability to you or any other person, if you breach these Terms, violate any law, rule, or regulation, or engage in any inappropriate conduct in relation to the Platform including the content and/or the Services.

12.2 Without limiting the above, PMCL may restrict or suspend your access to your Platform account for cause without notice to you, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if PMCL reasonably believes that your Platform account has been created fraudulently, or anyone uses your Platform account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto.

12.3 To the fullest extent permitted by law, you agree that PMCL and/or its affiliates will not be liable to you or to any third party for any such restriction, suspension or termination of your access to your Platform account and/or Services.

12.4 Termination of these Terms for any reason shall not affect the user obligation to make full payment of any fees payable if such fee has not already been paid. Upon termination of these Terms for any reason whatsoever, all rights and/or licenses granted to the user under these Terms shall immediately cease and terminate and the user shall forthwith cease the access and use of the Platform and the Services in any way whatsoever.

13. INFORMATION OR COMPLAINTS

Email: [email protected]

Helpline: 111

Address: Jazz DHQ-1, Headquarters, 1-A Kohistan Rd, F-8 Markaz, Islamabad, 44000

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 These Terms, including any dispute, controversy, proceeding, or claim of whatever nature which may arise out of or in connection with these Terms, are governed by the laws of Pakistan without regard to the conflict of laws principle, and are subject to the disclaimer of warranties and limitation of liability as set out herein.

15. Additional Provisions

15.1 If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.

15.2 No waiver by you or PMCL of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.

15.3 Notices to you (including notices of changes to these Terms) may be made via posting to the Platform or by issuing e-mail or messages to your designated phone number (example: SMS), push notifications, in-app notifications (including in each case via links), or by regular post.

15.4 These Terms and the Privacy Notice constitute the entire agreement between you and PMCL governing your use of the Platform, superseding any prior agreements between you and PMCL regarding such use. Further, your acceptance of these Terms constitutes a valid and binding agreement between you and PMCL. Should these Terms require to be stamped under any applicable stamp duty laws, you should bear such stamp duty payable and comply with relevant stamping obligations and PMCL shall not be responsible for such stamp duty payments.

16. Withdrawal and Refund Policy

Thank you for choosing our insurance services. Once a customer has enrolled and paid for a policy, coverage begins immediately, and the customer gains access to our comprehensive insurance benefits and claims process. Due to the nature of insurance coverage and the immediate benefits provided upon payment, we regret to inform you that withdrawals and refunds are not permitted after the initial payment has been processed.

Policy Details:

1. No Withdrawals: Once payment for the insurance policy is made, withdrawals are not allowed.

2. Coverage Activation: Coverage begins upon receipt of payment, enabling immediate access to insurance benefits and the ability to initiate claims.

3. Refund Policy: There is no provision for refunds once payment is processed, as customers immediately benefit from insurance coverage and claim potential.