Home Terms Of Use By Insurance Companies

TERMS OF USE BY INSURANCE COMPANIES

 

Welcome to insuranceadvocacy.ke (hereinafter referred to as the “Platform”, “We”, “Us”, “Our”), owned and operated by Insurance Advocacy Foundation (hereinafter referred to as “the Company”) with its registered office located at Kenya, Nairobi. The Platform is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). 

 

BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THE AGREEMENT ACCEPTANCE FORM, Insurance Companies (hereinafter referred to as “You” or “Your” or “Insurance Company) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. WHEN YOU UNDERTAKE ANY ACTIVITY ON THE PLATFORM YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS.

 

 

Our Platform provides a platform to the Insurance Companies can list their products on our Platform and the customers can purchase their products.

 

 

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

 

 

IN USING THIS PLATFORM YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE PLATFORM ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS PLATFORM, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.

 

 

 



 

 



 

 

 



 

 



 

 

 

 

 

 



 

 

 

 

 

 

 



 

 



 

 

 



 

 



 

 

 



 

 



 

 

 



 

 



 

 

 



 

 



 

 

 



 

 



 

 

 

 

 

 

 

 



 

 

 



 

 

Excluding the Marketing Materials, all of the content on the Platform and included in the Company’s Platform (including without limitation, all source code, databases, functionality, software, Platform designs, audio, video, text, photographs and graphics, the "Company Content"), including the trademarks, service marks and logos are owned by or licensed to the Company, and are subject to copyright and other intellectual property rights under laws of Kenya. All Company’s graphics, logos, design, icons, code, scripts and services are registered trademarks, common law trademarks of Company in Kenya. Company’s trademarks and trade dress can be used with the prior written permission of the Company.

 

 



 

 

 



 

 

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND  AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE PLATFORM AND ANY USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY OTHER PLATFORMS LINKED TO THE PLATFORM, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE INSURANCE COMPANY'S ACCESS TO AND USE OF THE PLATFORM, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. COMPANY DOES NOT GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET OR MOBILE DEVICES. 

 

 

 



 

 

IN NO EVENT SHALL COMPANY OR ITS AFFILIATES OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, OR AGENTS BE LIABLE TO INSURANCE COMPANY OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM THE COMPANY’S PLATFORM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S LIABILITY TO INSURANCE COMPANY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE INSURANCE COMPANY TO COMPANY DURING THE PERIOD OF ONE MONTH PRIOR TO ANY CAUSE OF ACTION FIRST AROSE

 

 

 



 

 

The Insurance Company hereby agrees to defend, indemnify and hold Company and its affiliates, and each of their respective directors, officers, employees, services providers, and agents (collectively, the "Company Indemnities") harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any party due to or arising out of the Insurance Company’s Marketing Materials, Insurance Company’s negligence in fulfilling the order, harm to the customer due to Insurance Company’s services or any breach by the Insurance Company of this Agreement. Notwithstanding the foregoing, Company reserves the right, at the Insurance Company’s expense, to assume the exclusive defense and control of any matter for which the Insurance Company may be required to indemnify a Company Indemnitee, and the Insurance Company agree to cooperate, at the Insurance Company expense, with Company’s defense of such claims. Company will use reasonable efforts to notify the Insurance Company of any such claim, action, or proceeding which may be subject to this indemnification upon Company becoming thereof.

 

 



 

 

 



 

 



 

 

 



 

 

This agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties hereto.  

 

 

 



 

 

The Insurance Company shall have no right to (a) assign this agreement, by operation of law or otherwise; or (b) subcontract or otherwise delegate the performance of the services without Company’s prior written consent which may be withheld as Company determines in its sole discretion. Any such purported assignment shall be void. The Company at its sole discretion may assign this agreement to any third party.

 

 

 



 

 

If any provision of this agreement shall be found invalid or unenforceable, the remainder of this agreement shall be interpreted so as best to reasonably effect the intent of the parties. 

 

 

 



 

 

Insurance Company acknowledges and agrees that in the event of a breach or threatened breach of this agreement by Insurance Company, Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this agreement.

 

 

 



 

 

 



 

 

Except with regard to payment obligations, either party shall be excused from delays in performing or from failing to perform its obligations under this contract to the extent the delays or failures result from causes beyond the reasonable control of the party, including, but not limited to: failures or default of third party software, Insurance Company’s, or products; acts of God or of the public enemy; foreign governmental actions; strikes; communications, network connection, or utility interruption or failure; fire; flood; epidemic; and freight embargoes.

 

 

 



 

 

A failure or delay in exercising any right, power or privilege in respect of this agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.

 

 

 



 

 



 

 

 



 

 

This agreement along with the terms of use, privacy policy and other policies published on the Platform constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties.