Bima Yangu TERMS AND CONDITIONS OF USE
1. Introduction
1.1 These terms and conditions shall govern your use of the Bima Yangu mobile app and website
1.2 By using the Bima Yangu mobile application or website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Bima Yangu app or website.
1.3 If you register with the Bima Yangu app or website, submit any material to our app or website or use any of the Bima Yangu app or website services, we will ask you to expressly agree to these terms and conditions.
1. Copyright notice
2.1 Copyright (c) 2021 Bima Yangu.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in the Bima Yangu app and website and the material on the Bima Yangu app and website; and
(b) all the copyright and other intellectual property rights in the Bima Yangu app and website and the material on the Bima Yangu app and website are reserved.
3. Definitions
In these Terms and Conditions of Use, the following capitalized terms shall have the following meanings, except where the context otherwise requires:
• “App” means mobile application for claims registration.
• “AKI” means Association of Kenya Insurers, consultative and advisory body for the Kenya Insurance Industry.
• "Account" means an account created by a User on the Web or Application as part of Registration.
• “Certificate” / “Digital Certificate” means certificate of motor insurance issued by the Insurance Company.
• “Insurance Company” means the company from which you have purchased the motor insurance policy.
• "Privacy Policy" means the privacy policy set out in these Terms and Conditions of Use.
• "Register" means to create an Account on the Web Application and
• "Registration" means the act of creating such an Account.
• "Services" means all the services provided by Association of Kenya Insurers via the App and Web Application to Users, and "Service" means any one of them,
• "Users" means users of the Mobile or Web Application, including you and "User" means any one of them.
• “Website” means the Bima Yangu website to be accessed by stakeholders.
4. License to use App and website.
4.1 You may:
(a) view pages from the Bima Yangu app or website in a Smartphone or web browser.
(b) download pages from the Bima Yangu website for caching in a web browser.
(c) print Claims confirmation from the Bima Yangu app or website.
(d) stream audio and video files from the Bima Yangu app or website; and
(e) use Bima Yangu website services by means of a web browser,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from the Bima Yangu app or website or save any such material to your computer.
4.3 You may only use the Bima Yangu app and website for business purposes only, and you must not use our app and website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on the Bima Yangu app or website.
4.5 You must not:
(a) republish material from the Bima Yangu app and website (including republication on another website).
(b) sell, rent or sub-license material from the Bima Yangu app and website.
(c) exploit material from the Bima Yangu app and website for a commercial purpose; or
(d) redistribute material from the Bima Yangu app and website.
(e) use the Bima Yangu app and website in any way or take any action that causes, or may cause, damage to the Bima Yangu app and website or impairment of the performance, availability, or accessibility of the Bima Yangu app and website.
(f) use the Bima Yangu app or website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
(g) use the Bima Yangu app or website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
(h) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Bima Yangu app and website.
(i) access or otherwise interact with the Bima Yangu app and website using any robot, spider or other automated means.
(j) use data collected from the Bima Yangu app or website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
(k) You must not use data collected from the Bima Yangu app and website to contact individuals, companies or other persons or entities.
(l) You must ensure that all the information you supply to us through the Bima Yangu app and website, or in relation to the Bima Yangu app and website, is true, accurate, current, complete and non-misleading.
4.6 Notwithstanding Section 4.5, you may redistribute the digital certificate or claim confirmation in print and electronic form to the concerned person (i.e., Policy Holder/Insured Person).
4.7 We reserve the right to restrict access to areas of the Bima Yangu app and website, or indeed the whole Bima Yangu app and website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Bima Yangu app and website.
5. Registration and accounts
5.1 To be eligible for an account on the Bima Yangu app or website under this Section, you must receive an account activation invitation from AKI or the Insurance Company.
5.2 You may register for an account with the Bima Yangu app or website using the account activation code sent to your official email address & by completing the account activation process on the Bima Yangu app or website.
5.3 You must not allow any other person to use your account to access the Bima Yangu app or website.
5.4 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
5.5 You must not use any other person's account to access the Bima Yangu app or website.
6. User login details
6.1 If you register for an account with the Bima Yangu app or website, we will provide you with a user ID & you will be asked to choose a password.
6.2 You must not use your account or user ID for or in connection with the impersonation of any person.
6.3 You must keep your password confidential.
6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.5 You are responsible for any activity on the Bima Yangu app or website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
7. Cancellation and suspension of account
7.1 We may:
(a) block your account.
(b) deactivate your account; or
(c) edit your account details, at any time in our sole discretion without notice or explanation.
7.2 You may deactivate your account on the Bima Yangu app or website by raising a request to the Bima Yangu system admin.
8. Your content: license
8.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, images, audio-visual material and files) that you submit to us or our website for storage on, processing by, the Bima Yangu app or website.
8.2 You grant to us a non-exclusive license to use, reproduce, store and publish your content on and in relation to the Bima Yangu app or website.
8.3 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2
8.4 You may edit your content to the extent permitted using the editing functionality made available on the Bima Yangu app and website.
8.5 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
9. Your content: rules
9.1 You warrant and represent that your content will comply with these terms and conditions.
9.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libelous or maliciously false.
(b) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right.
(c) infringe any right of confidence, right of privacy or right under data protection legislation.
(d) constitute negligent advice or contain any negligent statement.
(e) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity.
(f) be in contempt of any court, or in breach of any court order.
(g) be in breach of racial or religious hatred or discrimination legislation.
(h) be in breach of data protection laws and official secrets legislation.
(i) be in breach of any contractual obligation owed to any person.
(j) be untrue, false, inaccurate or misleading.
(k) constitute spam.
(l) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory, obscene or inflammatory.
(m) Use the Bima Yangu app or website for any fraudulent or unlawful purpose.
(n) Post any material that would give rise to criminal or civil liability; that promotes gambling; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
(o) Post any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
(p) Frame or mirror any part of the Site without our express prior written consent.
(q) Create a database by systematically downloading and storing all or any Site content.
10. Report abuse
10.1 If you learn of any unlawful material or activity on the Bima Yangu app or website, or any material or activity that breaches these terms and conditions, please let us know.
10.2 You can let us know about any such material or activity by email or by telephone.
11. Limited warranties
11.1 We reserve the right to discontinue or alter any or all of the Bima Yangu app and website services, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services.
11.2 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, the Bima Yangu app and website and the use of the Bima Yangu app and website.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for fraud or fraudulent misrepresentation.
(b) limit any liabilities in any way that is not permitted under applicable law; or
(c) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 To the extent that the Bima Yangu app and website and the information and services on the Bima Yangu app and website are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12.9 This app and website are limited to only registration and tracking, and any claims reimbursement related query would have to be taken up with the Insurance company.
13. Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings.
(b) temporarily suspend your access to the Bima Yangu app and website.
(c) permanently prohibit you from accessing the Bima Yangu app and website.
(d) block computers using your IP address from accessing the Bima Yangu app and website.
(e) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on the Bima Yangu app and website.
13.2 Where we suspend or prohibit or block your access to the Bima Yangu app and website or a part of the Bima Yangu app or website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14. Variation
14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions shall apply to the use of the Bima Yangu app or website from the date of publication of the revised terms and conditions on the Bima Yangu app and website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, you must stop using the Bima Yangu app and website.
15. Assignment
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16. Severability
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Third party rights
17.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
18. Entire agreement
18.1 Subject to Section 12.1, these terms and conditions, shall constitute the entire agreement between you and us in relation to your use of the Bima Yangu app and website and shall supersede all previous agreements between you and us in relation to your use of the Bima Yangu app and website.
19. Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with the Kenyan law.
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Kenya.
20. Our details
20.1 The Bima Yangu app and website are owned and operated by Association of Kenya Insurers (AKI).
20.2 We are registered in Nairobi, Kenya and our registered office is at AKI Center, Mimosa Road, Muchai Drive, Off Ngong Road, PO Box. 45338-00100, Nairobi.
20.3 Our principal place of business is at AKI Center, Mimosa Road, Muchai Drive, Off Ngong Road, PO Box. 45338-00100, Nairobi.
20.4 You can contact us:
(a) using the contact, us form on this website – www.akinsure.com.
(c) by telephone, on the contact number published on the AKI website from time to time; or
(d) by email, using the email address published on the AKI website from time to time.
(e) If you have a question or complaint regarding the Site or the meaning of application of this Agreement, please contact us.