EKEY 2.0 TERMS OF USE
1.
Acknowledgement and acceptance of terms
1.1 Access to and use of the EKey 2.0 Service,
via the App, is provided to You subject to these Terms. By accessing or using
the EKey 2.0 Service, You agree to be bound by these Terms. If You do not agree
with or otherwise do not wish to accept these Terms (or any amendments notified
pursuant to clause 1.3), do not use or access the EKey 2.0 Service, install or
use the App, or register a Profile.
1.2 If You are a person with limited or no legal
capacity, You must ask for your legal guardian, custodian or conservator
permission before using or accessing the EKey 2.0 Service.
1.3 We reserve the right to amend these Terms at any
time. We will make the changes to these terms when appropriate and without
notice. It is your duty to review these Terms on a regular basis. Your
continued use of the Beyon OneID Service following the posting or notification
of changes will mean You accept and agree to the changes.=
1.4 These Terms govern:
a) Your use of the EKey 2.0 Service, via the App; and
b) Your use of the Website.
By accepting these Terms, you consent to Us (i)
recording any session you may initiate and (ii) capturing your image, in order for You
to access and use the EKey 2.0.
2. EKey 2.0
Service
2.1 EKey 2.0 Service is a secure identification
product to help You verify Your identity and, if required, may include
completing a verification check with participating Entities that You interact
or transact with and where EKey 2.0 is utilized. You can currently use the EKey
2.0 Service by using the App, which requires You to register a Profile so that
You can use the EKey 2.0 Service to verify Your identity again to other
participating Entities or for certain transactions in the future.
2.2 To use the EKey 2.0 Service, You may be required
to have eligible ID Documents verifying Your identity. When You provide
information about eligible ID Documents to us via the EKey 2.0 Service, we may
use an ID Verifier to check the details provided against the records held by
the authority issuing such information and confirm whether the details match.
2.3 The number and type of ID Documents You need to
provide may vary depending on the requirements of the relevant Entity for the
particular purpose requiring verification of Your identity. The EKey 2.0
Service will prompt You to provide the ID Documents required in each case.
2.4 You may also be required to validate an email
address through the identity verification process. This is to check that the email address you have supplied
to Us is under Your control.
2.5 You must follow the instructions and directions
given by us, including those provided via the Website and the App, in order to
use the EKey 2.0 Service. Your use of the EKey 2.0 Service will be limited
and/or restricted if You do not comply with such instructions.
Using the Website
2.6 If You use the Website, your mobile
number, email and/or National ID may be required to start the registration
process, keeping in mind that the next steps of the registration of your
Profile will take place in the App.
2.7 Subject to these Terms, we grant You a
non-exclusive, non-transferable licence to use the Website and the
App for the sole purpose of using the EKey 2.0 Service.
Using the App
2.8 By registering a Profile
using the App, details of Your verified identity beside, email address, mobile
number, and your biometric identity, may be stored for Your future use. When
You use the EKey 2.0 Service to verify Your identity again, information stored
in Your Profile could be used to streamline the process, however You
may be prompted to provide information from additional ID Documents if
required, for example, the Entity's requirements for a particular
transaction. Details on how information will be stored is set out in
clause 9.
Updates and notifications
2.9 We may send You service announcements,
administrative messages, notification of updated terms and conditions and other
information via the Website and/or the App in connection with Your use of the EKey
2.0 Service.
2.10 We may from time
to time introduce other services that form part of, or complement, the EKey 2.0
Service. We may also modify or cease offering the EKey 2.0 Service, or any part
thereof, at any time without prior notice to You. We shall, however,
notify you and acquire your consent before introducing any service that incurs
a charge or has an associated expense to you.
3. Your Profile
3.1 You must register a Profile in order to use the
App.
3.2 The first time You use the App, You will be guided
through the process to register a Profile for Your use of the EKey 2.0 Service.
3.3 Each Profile is unique to an
individual. We only allow the creation of one Profile by using the App into one
single device. For Your own security, you must not allow any other person to
access a Profile that You have registered, otherwise, you will be deemed
legally liable for any consequences of undertaking such action
3.4 Your Profile is associated with the Device and Your
National ID used to register the Profile. The App will store some data on Your
Device to secure Your Profile, and this may be backed up by the operating
system on Your Device. It may be possible to restore Your Profile to a Device
using the backup of the App's data, subject to technical limitations, and we
cannot guarantee that recovery will be successful in any given case.
3.5 Your Profile may not be recoverable, for example,
if Your Device becomes lost or damaged and the data from the App was not backed
up, or cannot be successfully restored, or if You do not enter the correct PIN.
If Your Profile cannot be recovered for any reason, You will need to register
Your ID Documents again.
4. Your conduct
4.1 You represent and warrant that You will only
provide true, accurate, current and complete information about Yourself as part
of Your use of the EKey 2.0 Service; and You will promptly update the
information contained in Your Profile to keep it true, accurate, current and
complete.
You must not:
a) use the EKey
2.0 Service to use or create a false identity, impersonate any person or entity
or falsely state or otherwise misrepresent Your affiliation with a person or
entity;
b) use the EKey
2.0 Service to upload, post, email, transmit or otherwise make available any
content that You do not have a right to make available under any law or under
contractual relationships (such as Personal Data, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
c) attempt to use
or access the EKey 2.0 Service otherwise than through the Website, the App or
other means expressly approved by the IGA;
d) link to, frame
or mirror any part of the Website without our prior written authorisation;
e) disrupt the
operation of the EKey 2.0 Service or any infrastructure that we or any Entity
operates;
f) breach or fail
to comply with any requirements, procedures, policies or regulations of
networks connected to the EKey 2.0 Service, including using any device or
software; or
g)
gain unauthorised access to the EKey 2.0 Service;
h) make any
automated use of the EKey 2.0 Service;
i) copy,
decompile, reverse-engineer, disassemble, attempt to derive the source code of,
modify, or create derivative works of the EKey 2.0 Service, the Website, the
App, any output from the Website or the App, any files related to the Website
or the App, or any part of any of these, other than as expressly provided in
these Terms, or otherwise permitted by law;
j) use the EKey
2.0 Service in connection with the contravention of any local, state, national
or international law, whether intentional or not; or
k) attempt to do
any of the foregoing, or allow or cause a third party to do or attempt to do
any of the foregoing.
4.2 You represent and warrant to us that You have the
capacity to accept and be bound by these Terms.
5. Third-party software and services
5.1 You may be required to use or update third-party
software (such as the operating system and applicable software marketplace) on
Your Device in order to obtain, install, update, access, use, or continue to
access or use the EKey 2.0 Service. You acknowledge and agree that:
a) we are not responsible for such third-party
software or updates;
b) such third-party software (including updates) may
be subject to their own terms and conditions, which we strongly recommend You
review prior using the third-party software or to implementing the third-party
update; and
c) if You are unable or unwilling to obtain or install
such third-party software or updates, You may be unable to obtain, install,
update, access, use, or continue to access or use the EKey 2.0 Service.
5.2 Access to the EKey 2.0 Service, or parts thereof,
may require Your Device to be connected to the internet or require other
third-party services. Your use of third-party services may be subject to fees
and separate terms and conditions. You acknowledge that we are not liable for
the activities of any such third parties. You are responsible for ensuring that
Your installation and use of the App and/or the Website does not cause You to
exceed any data usage quotas or other limitations that may apply to Your
internet service or other services acquired from third parties.
5.3 The Website may contain links to third-party
websites or other third-party content or services. Those links are provided for
convenience only and may not remain current or be maintained. Such links should
not be construed as an endorsement, approval or recommendation by us of the
third parties, or of any content or services provided by them. Your use of any
third party-content or services may be subject to separate terms and
conditions.
6. Security
6.1 The EKey 2.0 Service will use and maintain a
variety of security measures to protect Your Profile and the information from
ID Documents You provide, including access codes.
6.2 You must ensure Your security credentials remain
secure. You must not share Your security credentials (such as an access code)
with any other person, or allow any other person to impersonate You.
6.3 Whilst we may implement multi-factor
authentication, it does not guarantee against unauthorised use of
Your Profile. You are solely responsible for any use of the EKey 2.0 Service
using Your security credentials, whether or not such use has
been authorised by You.
6.4 You must take Your own precautions to ensure that
the process You employ for accessing the EKey 2.0 Service does not expose You
to the risk of viruses, malicious code or other forms of interference which may
damage Your Device. We do not accept responsibility for any interference or
damage to Devices which arises in connection with use of the EKey 2.0 Service.
6.5 You must notify us
immediately by contacting the government service contact number through 80008001
(from within the Kingdom of Bahrain) or (+973) 77777333 (from outside the Kingdom
of Bahrain) if:
6.5.1 You no longer have access to the telephone
number linked to Your Profile (eg if Your telephone number changes); or
6.5.2 You suspect or have reason to believe there has
been or might be any unauthorised or fraudulent use of Your Profile
or any other breach of security.
6.6 You acknowledge that a failure to comply with
these requirements may affect Your use of the EKey 2.0 Service and may
compromise the security and integrity of Your Profile.
7. Term, termination and suspension
Term
7.1 These Terms are in force
until terminated in accordance with this clause 7. The licences granted to You
under these Terms are granted for the duration of these Terms.
Termination or suspension by us
7.2 We may immediately terminate these Terms and/or
Your Profile, suspend Your Profile and/or Your access to the EKey 2.0 Service,
and refuse future use of the EKey 2.0 Service, at our discretion, if we form a
reasonable belief that You are in breach of these Terms or threaten to breach
any part of these Terms, or if:
a) You do not provide information required for Your
use of the EKey 2.0 Service;
b) You provide information that is false, inaccurate,
misleading, incomplete or not current;
c) You have engaged in any
fraudulent behaviour or misconduct;
d) Your Profile has been compromised; or
e) we have reasonable grounds to suspect any of
(a)–(d) above.
7.3 If we notify You of such termination:
a) You must immediately delete the App from all
Devices in Your possession or control, or we may, to the extend practicable,
remotely disable or delete the App from them;
b) You must not access any other user Profile or
register another Profile, or attempt to do so; and
c) You must not use the EKey 2.0 Service again.
7.4 We may suspend or terminate the EKey 2.0 Service
or access to it, at our discretion, if we deem it necessary or prudent to do
so:
a) in order to preserve the integrity and security of
the EKey 2.0 Service, the data collected from it, or any of our or an Entity's
equipment or systems;
b) for legal reasons, including any change in the law;
c) due to circumstances beyond our (or any of our
sub-contractors') reasonable control, including disruption to network
connections or equipment, loss of ID Verifier services, denial of service,
attacks, strikes, lock-outs, labour disputes, acts of God, acts of
nature, acts of government or their agencies, fire, flood, storm, riots, power
shortages or power failure, war, terrorist acts, sabotage, or inability to
obtain sufficient labour, raw materials, fuel or utilities; or
d) in order to perform support or maintenance of any
infrastructure, systems or software used by us, the or sub-contractors to
provide the EKey 2.0 Service.
7.5 We may suspend or terminate an element of the EKey
2.0 Service if our access to any element of EKey 2.0 Service that is provided
by a third-party provider is suspended or terminated.
7.6 If we terminate or suspend the EKey 2.0 Service,
Your Profile or these Terms, You may not be able to use the Website or the App
at all, or such use may be restricted, or You may not be able to access Your
Profile.
Termination by You
7.7 You are under no obligation to continue using the EKey
2.0 Service. If You no longer wish to use the EKey 2.0 Service, You may suspend
the account, uninstall the App from all Devices linked to Your Profile, and decline
any offer to use the Website if such an offer is made by a participating
Entity.
No limitation of other rights
7.8 Termination pursuant to this clause 7 will not
affect any rights or remedies which either or us may have otherwise
under this document or at law.
7.9 Nothing in this clause limits any right we may
have pursuant to this document to modify the EKey 2.0 Service, including by
removing any features or to modify or cease offering the EKey 2.0 Service or
any part thereof.
8. Warranty and liability
8.1 You acknowledge and agree that:
a) the EKey 2.0 Service and the Website are provided
on an 'as is' and ‘as available’ basis;
b) the EKey 2.0 Service and Website cannot be
guaranteed to be error-free, and the existence of any such errors will not
constitute a breach of these Terms; and
c) You use the EKey 2.0 Service and Website at Your
own risk.
8.2 Except as expressly provided to the contrary in
these Terms, including clause 8.3, and to the full extent permitted by
applicable law, we will not be liable to You for any loss, including special,
indirect or consequential damages, or claim, arising directly or indirectly
from:
a) the supply of a defective EKey 2.0 Service;
b) a failure to provide the EKey 2.0 Service or any
part thereof;
c) errors or interruptions occurring in the course of
using, or as part of, the EKey 2.0 Service or Website;
d) corruptions to or loss of data in connection with
the EKey 2.0 Service;
e) any suspension or discontinuance of the EKey 2.0
Service or Website;
f) any use of the EKey 2.0 Service by other users or
any Entity, including any use in a manner which contravenes these Terms; or
g) a breach of these Terms.
8.4 You acknowledge that You have exercised Your
independent judgment in acquiring the EKey 2.0 Service and have not relied on
any representation that we have made which has not been stated expressly in
these Terms or upon descriptions or illustrations or specifications contained
in any document including catalogues or publicity material that we have
produced.
You will indemnify us and hold us harmless fully
against all liabilities, costs, losses, claims and expenses which we may incur
to a third party as a result of Your breach of any of the provisions of these
Terms.
9. Privacy
9.1 You agree that we can collect Your Personal Data
so that You can be provided with identity checking services, facilitated
through the EKey 2.0 Service. Without this information, Your ID Documents
cannot be validated and the EKey 2.0 Service and any related services cannot be
provided.
9.2 We collect information when You use the Website or
the App. For example:
a) we collect Personal Data such as Your name and
address from You when You use the EKey 2.0 Service;
b) we may collect information from an ID Document
which You use to authenticate Your identity;
c) we may collect your email address for validation
purposes;
d) we may collect your mobile number for validation
purposes; and
e) when You use the EKey 2.0 Service to verify Your
identity, we, or our third-party provider may, collect information about this
process, including the details of queries and responses submitted through a
check.
9.3 If You use the App, we may also collect
information about the Device that You use to access the App, such as physical
location, operating system, settings and security protocols. We may use this
information, and disclose it to us and service providers, to assist in
providing the EKey 2.0 Service.
9.4 You acknowledge that certain information or
documentation that You provide may be given to third parties such as the
government of the Kingdom of Bahrain and other issuing authorities for
verification purposes and to confirm whether such information or documentation matches
that held by the authority or entity that issued such information or
documentation. You agree that such authorities can provide us feedback by verifying
or disproving such information or documentation, and that we can use such
feedback in providing our identity checking services.
9.5 We may disclose Your information to some other
third-party ID Verifiers (if relevant) to assist in the administration of the EKey
2.0 Service and in order to verify Your details, and may collect some Personal
Data from them.
9.6 Where You have consented to have Your identity
checked for an Entity, we provide to the Entity some Personal Data that
has been checked, which may include Your name, address, email address and date
of birth, and whether a match has been confirmed by government ID Verifiers. We
do not provide to the Entity copies of ID Documents, identification numbers
used on ID Documents, or details of the authentication sources used to check
Your identity, unless we have Your express consent. If we reasonably believe
that any information provided to an Entity was or has become incorrect,
misleading or out-of-date, we may inform the Entity and provide corrections or
details of our concerns. You should check the privacy policy for each Entity
before You agree for us to provide the Entity with information about
Your identity.
9.7 Where we check an ID Document, we will retain Your
Personal Data and details from the ID Document as well as details of the check
we performed and the result of the check for audit and assurance purposes. Any
data stored by us will be encrypted with a key solely under Your control.
9.8 If You register a Profile:
a) we may store some information, including Your name,
date of birth, email address, mobile number, home address, and ID Document
numbers, in an encrypted form and will only share them with Your express
consent in connection with Your future use of the EKey 2.0 Service;
b) we may also store other Personal Data, information
about the types of ID Document You have checked with EKey 2.0, and information
collected from ID Verifiers for Your future use of the EKey 2.0 Service;
c) when you add an additional ID Document to your
Profile, we will use your Personal Data to compare the additional ID Document
details against previously added ID Documents, to ensure that they match and to
enable us to return an error message to You if they do not match;
d) some information may be stored on Your Device (for
example, Your name so these can be displayed in the App
to personalise Your experience).
9.9 You consent to us creating a unique biometric
signature from the data collected from the EKey 2.0 Service. For example, we
may use Your unique biometric signature to complete your registration to the
service and verify Your Profile Image by comparing it with other images or to
reset/recover Your password reset. Your unique biometric signature we create
will be stored in order to verify your Identity (this verification shall
include without limitation any check required for approval of digital signing,
or high value transaction). With the exception of governmental entities for
which Your biometric signature may be shared to verify your identity against
the existing database of citizens pertaining to these governmental entities,
Your unique biometric signature will not be shared by us with third parties.
9.10 Following initial registration of a Profile, when
checking an ID Document we will retain a record of Your Personal Data and
details from the ID Document You provided us to carry out the check (such as ID
Document numbers, your date of birth), so that you can access this information
at a later date. You acknowledge and agree that the Personal Data you supplied
to us to carry out a point in time identification verification was validated
against sources that are not controlled by us. If the details of your ID
documents have changed from the Personal Data you supplied to us when the check
was fulfilled, and You wish to correct any details, You should engage directly
with the custodians of that information (for example, a government entity).
9.11 Your information will be used to check Your
identity for an Entity only with Your specific consent. You will give the
consent to us through the EKey 2.0 Service via the App.
9.12 You hereby authorise us to disclose the
information we hold about You and grant access to Your Profile to law
enforcement and government authorities and agencies in accordance with their
lawful requests.
9.14 Your Personal Data will be
collected and handled securely, and only for the purpose of checking Your
identity or facilitating that checking process. Your Personal Data is handled
in accordance with the IGA Privacy Policy and PDPL which outlines how to
access and/or correct Your Personal Data or make a privacy-related complaint.
9.15 Your Personal Data (including any biometric data)
will be used and stored at all times with us and will only be used/processed
for the purpose of verifying your identity with participating Entities.
9.16 Your Personal Data (including any biometric data)
will be deleted if You decide to terminate your profile and to no longer use
the EKey 2.0 Service. We may however continue to store your Personal Data
(excluding biometric data) upon termination of your profile in order to
verify the correctness of your application for the termination of Your Profile
or otherwise in accordance with the data retention periods set out in the PDPL
and the applicable laws and regulations of the Kingdom of Bahrain.
10. Intellectual Property
10.1 IGA Right, title and interest in and to all
Intellectual Property rights subsisting in the Website and EKey 2.0 Service and
any other Intellectual Property created in connection with these Terms or,
subject to clause 4.2, Your use of the EKey 2.0 Service shall remain at all
times with our licensors unless otherwise agreed in writing between us and our
licensors. You may not use any such Intellectual Property, other than as
necessary for Your use of the EKey 2.0 Service, without our express written
consent from us and/or our licensors.
10.2 These Terms do not constitute a transfer or
conveyance of any Intellectual Property owned by us, including but not limited
to all Intellectual Property associated with the EKey 2.0 Service, the Website
and the App, and their functionality, features and content, or operate as a
future transfer of any Intellectual Property owned by our licensors any time
thereafter.
10.3 You acknowledge that the Website and materials
provided in the course of the EKey 2.0 Service are protected by copyright and
may also be protected as other forms of Intellectual Property owned by our
licensors. You will not during or at any time after the termination of these
Terms undertake or permit any act which infringes or attempts to infringe those
Intellectual Property rights. Without limiting the generality of the foregoing,
You specifically acknowledge that You must not copy the Website except as
otherwise expressly authorised or acknowledged by these Terms.
11. General
11.1 Any disputes between You and any third party,
including, without limitation, any Entity, are to be resolved solely between
You and that party.
11.2 These Terms are governed by and are to be
construed in accordance with the laws of the Kingdom of Bahrain. The Courts of
the Kingdom of Bahrain are to have exclusive jurisdiction to enforce any
arbitration award or any terms of settlement arising out of or in connection
with this Agreement and each Party irrevocably submits and agrees to submit to
the jurisdiction of Bahrain Courts. Each party irrevocably waives any objection
to the venue of any legal process in these courts on the basis that the process
has been brought in an inconvenient forum.
11.3 If any provision of these Terms is found to be
invalid, void or unenforceable by a court of law, such invalidity or
unenforceability will not affect the remainder of the Terms which will continue
in full force and effect.
11.4 All rights not expressly granted in these Terms
are reserved.
11.5 We shall not be deemed to have waived any of our
rights or remedies under these Terms unless such waiver is in writing and
signed by one of our authorised officers. No delay or omission on our
part in exercising any rights or remedies shall operate as a waiver of such
rights or remedies.
11.6 These Terms constitute the entire agreement and
understanding between You and us and supersede any and all prior
communications, representations, agreements or understandings between You and
us with respect to the subject matter of these Terms. You acknowledge and agree
that You have not relied on any statement by us which has not been expressly
included in this document.
11.7 You cannot assign, novate or otherwise transfer
any of Your rights or obligations under these Terms without the prior written
consent of IGA which consent can be granted or withheld in the absolute
discretion of IGA. An assignment in breach of this clause 11.7 is intended
by the parties to be void and of no force and effect, and constitutes a breach
entitling IGA to terminate these Terms.
11.8 IGA can assign or
otherwise transfer any of its rights or obligations under these Terms,
including novation to a related body corporate, at its sole discretion on
written notice to You (including notice via the Website or the App).
11.9 Without limiting or
impacting upon the continued operation of any clause which as a matter of
construction is intended to survive the termination of this document, the
following clauses survive the termination of these Terms: clauses 4, 5, 7.3,
7.8, 8, 10 and this clause 11.9. Each indemnity offered by You in these Terms
is a continuing obligation, independent from the other obligations of the
parties and survives the termination of these Terms. It is not necessary for us
to incur expense or make payment before enforcing a right of indemnity against
You under these Terms.12. Definitions
Definitions
12.1 When used in these Terms, the following words
have the meanings given below:
App means the software application made
available by IGA to access the EKey 2.0 Service.
IGA means the Information and eGovernment
Authority of the Kingdom of Bahrain, a government body
incorporated under the laws of the Kingdom of Bahrain , at P.O. Box 33305, Isa
Town, Kingdom of Bahrain.
Device means an electronic device owned or
controlled by You, such as a mobile phone or tablet, compatible with the App.
EKey 2.0 Service means IGA's EKey
2.0 service, the functionality of which is described in clause 2 of these Terms
and as modified by us from time to time.
ID Document means an identification document
eligible to be checked using the EKey 2.0 Service, which may include an
identification document issued by a government or other authority or entity.
ID Verifier means a government agency or other
authority or entity engaged by IGA to verify the validity of an ID
Document.
Intellectual Property means any and all
intellectual and industrial property rights anywhere in the world (including
present and future intellectual property rights) including (but not limited to)
rights in respect of or in connection with:
a) any
related confidential information, trade secrets, know-how or any right to have
information kept confidential;
b)
copyright (including future copyright and rights in the nature of or analogous
to copyright);
c) patents,
designs, trade marks, service marks and other related marks; and
d) all
associated goodwill,
whether or not existing at the date You agree to these
terms and whether or not registered or registrable and includes any and all
variations, modifications or enhancements to each of them together with any
application or right to apply for registration of those rights and includes all
renewals and extensions.
Entity means
a corporate entity or organisation that has an arrangement in place
with IGA to obtain verification of the identity of an individual who has
made a request using the EKey 2.0 Service.
PDPL means the Law No. 30 of 2018 (the
Bahrain Personal Data Protection Law).
Personal Data has the same meaning as 'Personal
Data' in the PDPL.
Profile means an account containing data
about You and associated metadata in connection with the EKey 2.0 Service.
Terms means these terms of use, as
modified or replaced from time to time.
User Content has the meaning given to that term
in clause 4.
Website means a website made available
by IGA for You to access the EKey 2.0 Service in accordance with these
Terms.
You and Your means a user of the EKey 2.0
Service.
Interpretation
12.2 In these Terms unless a contrary intention is
expressed:
a) headings, highlighted or bold type do not affect
the interpretation of this agreement;
b) the singular includes the plural and the plural
includes the singular;
c) other parts of speech and grammatical forms of a
word or phrase defined in this agreement have a corresponding meaning;
d) a reference to a 'person' includes any individual,
firm, company, partnership, joint venture, an unincorporated body or
association, trust, corporation or other body corporate and any government
agency (whether or not having a separate legal personality);
e) a reference to any thing (including any
right) includes a part of that thing, but nothing in this clause 12.2(e)
implies that performance of part of an obligation constitutes performance of
the obligation;
f) a reference to a clause, party, annexure, exhibit
or schedule is a reference to a clause of, and a party, annexure, exhibit and
schedule to, this agreement and a reference to this agreement includes any
clause, annexure, exhibit and schedule;
g) a reference to a document (including this
agreement) includes all amendments or supplements to, or replacements
or novations of, that document;
h) a reference to a party to any document includes
that party's successors and permitted assigns;
i) a reference to time is to time in Manama, Kingdom
of Bahrain;
j) a reference to an agreement other than this
agreement includes an undertaking, deed, agreement or legally enforceable
arrangement or understanding whether or not in writing;
k) a provision of these Terms may not be construed
adversely to a party solely on the ground that the party (or that party's
representative) was responsible for the preparation of this agreement or the
preparation or proposal of that provision;
l) a reference to a body, other than a party to these
Terms (including an institute, association or authority), whether statutory or
not, which ceases to exist or whose powers or functions are m) transferred to
another body, is a reference to the body which replaces it or which
substantially succeeds to its powers or functions; and
m) the words 'include', 'including', 'for example',
'such as' or any form of those words or similar expressions in this agreement
do not limit what else is included and must be construed as if they are
followed by the words 'without limitation', unless there is express wording to
the contrary.