bima app

BIMA APP TERMS AND CONDITIONS

Welcome to Bima App! Please read these Terms and Conditions ("T&Cs") carefully before using the Bima App mobile application and website (the "Services") operated by Experience Domains Kenya Limited ("us", "we", or "our").

GENERAL: Your access to and use of the Services is conditioned on your acceptance of and compliance with these T&Cs including our Privacy Policy, which is hereby incorporated by reference in its entirety. These T&Cs apply to and bind all visitors, users and others who access or use the Services. If you do not agree with any part of the T&Cs then you should immediately stop such access and/or use of the Services. We shall not be held liable for any continued use of the Services if you do not agree or adhere to the T&Cs herein.

YOUR ACCOUNT: In order to use the Services, you must register when you download the App. To create an account with us, you must provide us information that is accurate, complete, and current at the time of registration. You are required to update your registration information as necessary from time to time, should any change occur. Failure to comply with the above registration requirements constitutes a breach of these T&Cs, which may result in immediate termination of your account at our full discretion. You are responsible, at all times, and for the safekeeping of your registration information and all further information in relation to your official or personal details that are available on your profile. You shall not permit others to access the Services using your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to delete or change any password at any time and for any reason upon notice to you. You grant us and all other persons or entities involved in the operation of the Services the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Services and in the provision of the Services to you. 

OUR SERVICES:  The Services include the insurance product comparison under “Get a Quote” tab spending behavior analysis under “My Payments” tab, which consists of content and tools intended to provide for information and analytical purposes only. Note that nothing on the Services ought to be considered, or relied upon, as a financial advice or a recommendation of any of the specified insurance products or services from us. We are not an Insurance Underwriter company or financial services intermediary. Therefore, the content displayed on the Services does not in any way suggest, imply, establish or constitute an endorsement, approval, recommendation or advise in respect of any Insurance Underwriter or their products or services including the quality or suitability of the product or service for your (personal) use. Nothing on the Services will also be considered or construed to be an offer or solicitation to buy any product or service from us, but only from the Insurance Services Underwriter who has listed their products. If you eventually decide to purchase a product or service from an Insurance Services Underwriter, you ought to enter into an agreement with the Insurance Services Provider, not with us. Subsequently, we do not bear any responsibility or liability for your purchase, the suitability or quality of the product or services or the agreement you enter into with the Insurance Services Underwriter. We aim to give you uninterrupted access to the Services. However, we cannot assure you of uninterrupted availability of the Services. We reserve the right to feature, amend, delete, edit, take away or modify any data, content, material or information displayed on the Services, and/or change, suspend, or terminate all or any part of the Services any time without prior notice or liability, for any reason whatsoever.

PERMITTED USE: You are permitted solely to access and use the Services for personal or commercial purposes. You further agree that you will not do any of the following:

• Violate      any applicable local, state, national, or international law, including      without limitation any applicable laws relating to antitrust or other      illegal trade or business practices
• Hurt,      abuse, embarrass, defame, libel, threaten, intimidate or harass another      person or business, or use the Services in a manner that, in our sole and      absolute determination, invades another person's privacy or is obscene,      offensive, hateful, indecent, inappropriate, objectionable, unacceptable,      discriminatory or damaging;
• Transmit      or otherwise make available in connection with the Services any virus,      worm, Trojan horse or other forms of harmful computer code, nor subject      the Services’ networks or servers to unreasonable traffic loads, or      otherwise engage in conduct deemed disruptive to the ordinary operation of      the Services;
• Use      any software, instruments or devices that (attempt to) interfere with the      Services or the due operation of the Services;
• Use      the Services in conjunction with any automatic computer code, process,      program, robot, net crawler, spider, data processing, trawling or      alternative 'screen scraping' computer code, process, program or system;
• Violate      any technological measures placed on our Services or bypass, circumvent,      avoid, remove, deactivate, descramble, decrypt or otherwise impair any      measures installed or used by us to prevent or restrict access to (parts      of) the Services or the content;
• Create      a link from any website to our Website;
• Impersonate      any person or entity, false state or otherwise misrepresent your      affiliation with any person or entity, or express or imply that we endorse      any statement you make;
• Upload      or transmit any material that infringes or misappropriates any person's      copyright, patent, trademark, or trade secret, or disclose via the      Services any confidential and/or commercially sensitive information;
• Without      prior notice, promote or endorse any business or commercial goods,      products or publications (including their websites);
• Compile      and use other users' personal information, including addresses, telephone      numbers, email addresses or other personal information that may appear on      the Services, create marketing and mailing lists, send unsolicited      marketing materials to users, and/or distribute users’ personal      information to third parties.

Unauthorized use of users' personal information in connection with unsolicited marketing correspondence may constitute violations of various anti-spam statutes. We reserve the right to report the abuse of users' personal information to the appropriate law enforcement and government authorities, and we will cooperate with any authorities investigating violations of these laws. Anyone using the Services in any of the above ways or engaging in any of the above activities should stop using the Services immediately.

PAYMENT TERMS: Kindly refer to the current Rate card. N/B: 

1. All subscriptions on post pay rate card are payable before commencement of service based on the rates. There is a onetime set up fee per Insurance class and all income is based on commission from sales where the users chooses BUYING DIRECT (in the how do you want to pay tab) from the underwriter. The commission for these sales shall be as per current IRA rates as stipulated for Insurance Agents.

2. The commissions are per the current rate card and as per the subscription form for Insurance premium financing

3. Commissions are payable and due for the initial premium paid and subsequent renewals for the entire duration the client remains with the subscriber.

4. With respect to the Insurance Premium Financing (IPF)  option:

i) It shall only be exclusively available via the app under the product name TULIZA.

ii) A commission shall be payable based on either a percentage of the Premium paid or interest payable or a combination of both as per the calculations of the premium or interest payable in the App. 

iii) The choice of either basing the commissions on the percentage of the premium or the interest payable or both shall be clearly stated in the subscription form. 

iv) All IPF providers must send a statement to us by the 5th of every month for commission’s paid in the previous month.

5. Experience Domains Kenya Limited nominates Brompton Insurance Agency an insurance agency duly licensed by the Insurance Regulatory Authority (IRA) vide license number IRA/05/34174 as the agent for all business that is placed directly to an underwriter on Bima App.

A subscriber is free to choose their preferred method of payment from the two options. Payments will be made payable to either:

i) EXPERIENCE DOMAINS KENYA LIMITED via cheque or PAYBILL NUMBER: 526500 for subscriptions, listing, advertising, IPF commission and any other payments.

ii) BROMPTON INSURANCE AGENCY for all business on the App where the user chooses BUYING DIRECT FROM UNDERWRITER at IRA approved rates in line with the Agency Agreement terms via the signed Agency agreements.

7. All Subscribers MUST send a statement to BIMA APP on or before the 5th of every month.

THIRD PARTY CONTENT AND TRANSACTIONS: The Services may contain and/or provide, links to other websites or content on the Internet that are owned or operated by third parties. These links are provided for your convenience and reference only. You access and use these third party websites at your sole discretion and risk. We accept no responsibility or liability in respect of any loss or harm you will suffer or incur as a result of use of any third party websites or for any acts, omissions, errors or defaults of any third party mentioned on those Websites. We are also not liable (directly or indirectly) for any loss or harm you will suffer or incur as a result of any third party product or service you received and/or purchased in a result of or on the basis of using the Services or for any acts, omissions, errors or defaults of any third party in reference to that product or service. You are solely responsible for your choice of product or service and you need to make sure that you carefully choose from all the options and the terms and conditions of any product or service before purchase.

The fact that the Services display third party content and links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein. Under no circumstances shall it be construed that, in case of your access to and use of any third party website, Bima App is a party to any transaction, if any, between you and such third party. Your use of any third party website is regulated by the terms and conditions and privacy policy of that website. It is your responsibility to go through the terms and conditions and privacy policy of the relevant third party websites before using that website. We are not liable (directly or indirectly) for any loss or harm you may suffer or incur due to the terms and conditions or the privacy policy of any third party website or for any acts, omissions, errors or defaults of any third party as a result of their terms and conditions and/or privacy policy.

INTELLECTUAL PROPERTY RIGHTS: The Services contain material, such as texts, graphics, images, symbols, designs, files and other material provided by or on behalf of us, and through your use of the Services you will be provided with additional information from us; all of these materials and information are collectively referred to herein as the “Content.” The Content includes, but is not limited to, patents, net domain names, ethical rights, data, supply codes, software, specifications, know how, processes, business strategies, logos, trademarks and service marks (in all cases whether or not registered or unregistered and as well as all rights to use for registration) that are used in and/or displayed on the Services. All the Content is owned by us or our licensors and is protected by the applicable copyright law(s) and/or any other intellectual property law(s). Nothing in the Services and/or T&Cs shall imply any transfer or assign any of the above mentioned ownership, rights and/or goodwill. You can download and use the Content for your personal, commercial purposes in accordance with these T&Cs. You shall not copy, transmit, deep-link, hyper-link, scrape, reformat, display, duplicate, use the name Bima App, sell, trade, market, utilize, exploit, publish, distribute, broadcast or reproduce the Content or any portion thereof unless you have obtained our prior written approval. By submitting or posting any information and materials, including comments, feedback, ideas, questions, designs, content or other similar contributions (collectively, “Contributions”), you agree to be bound by the following terms and conditions. All Contributions will be considered non-confidential. You shall unconditionally grant us a perpetual, irrevocable, transferable, worldwide, royalty free and unlimited license to use, alter, store, share, sell, publish and transmit such Contributions in any manner and for any purpose (including, but not limited to, commercial purposes) and to use your name and other identifying information in connection with such Contributions.

DISCLAIMER AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND ALL ASSOCIATED CONTENT AND MATERIALS ARE PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR MOBILE, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES, OR ANY CONTENT. THE RESULTS OF THE INSURANCE PRODUCT COMPARISON UNDER “GET QUOTATION” TAB AND SPENDING BEHAVIOR ANALYSIS UNDER “MY PAYMENTS” TAB ARE BASED ON INFORMATION PROVIDED BY YOU AND RECEIVED BY US. THE RESULTS ARE PROVIDED FOR INFORMATION AND ANALYSIS PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL FINANCIAL ADVICE. THE SPENDING BEHAVIOR ANALYSIS UNDER MY PROFILE RESULTS AND INFORMATION DISPLAYED SHOULD NOT BE INTERPRETED AS FINANCIAL ADVICE, BUT AN OFFER, RECOMMENDATION OR INVITATION TO BUY A PRODUCT. NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IS GIVEN WITH RESPECT TO THE ACCURACY AND/OR COMPLETENESS OF THE SPENDING BEHAVIOR ANALYSIS UNDER MY PROFILE RESULTS OR ANY OTHER CONTENT. WE DO NOT PROVIDE OR ARRANGE INSURANCE POLICIES / INSURANCE CONTRACTS. ANY LIABILITIES OR RESPONSIBILITIES RELATING TO AN INSURANCE POLICY PURCHASED THROUGH US (DIRECTLY OR INDIRECTLY) REMAIN THE SOLE PROVINCE OF THE FINANCIAL SERVICES PROVIDER THAT PROVIDED THAT POLICY. WE ALSO DO NOT ORIGINATE INSURANCE AND ANY CLAIMS OR DISPUTES IN RELATION TO POLICY CLAIMS SHOULD BE ADDRESSED TO THE ORIGINATING INSURANCE COMPANY. WE DO NOT MEDIATE, ASSIST, CONVEY, OR DISPUTE ANY CLAIMS OR OTHER ISSUES RELATED TO THE LIABILITY, COVERAGE, OR SCOPE OF ANY INSURANCE PRODUCT. FURTHERMORE, WE WILL NOT BE LIABLE FOR ANY MISTAKE, ERROR OR OMISSION THAT MAY OCCUR DURING THE PROCESSING OF THE POLICIES ON THE PLATFORM. WE MAKE NO REPRESENTATIONS OR WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES, OR ANY CONTENT IS TO STOP USING THE SAME. UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL WE, TOGETHER WITH OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING LOST PROFITS, REVENUES OR SAVINGS WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY, LOSS OF CONFIDENTIAL DATA, BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION OR OTHERWISE IN RELATION TO (THE USE OF) THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. WE, TOGETHER WITH OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND SUPPLIERS, EXCLUDE ANY AND ALL LIABILITIES FOR ANY LOSSES OR DAMAGES FROM WHATEVER NATURE AND WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE IN RELATION TO REDIRECTING YOU TO THE FINANCIAL SERVICES PROVIDER’S WEBSITE AND IN RELATION TO YOUR INTERACTION AND DEALINGS WITH THE FINANCIAL SERVICES PROVIDERS INCLUDING YOUR PURCHASE OR ANTICIPATED PURCHASE OF A PRODUCT OR SERVICE FROM A FINANCIAL SERVICES PROVIDER. WE, TOGETHER WITH OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND SUPPLIERS, SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE SERVICES. YOUR PARTICIPATION IN THE SERVICES IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE US, TOGETHER WITH OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND SUPPLIERS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE DISCRETION. IN ANY EVENT, OUR AGGREGATE LIABILITY FOR ANY CLAIMS, LOSSES OR DAMAGES WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE IN RELATION TO (THE USE OF) THE SERVICES AND ALL ASSOCIATED CONTENT IS LIMITED TO AN AMOUNT OF TEN KENYA SHILLINGS (Kshs 10.00). YOU AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE SERVICES WOULD NOT BE PROVIDED ABSENT SUCH LIMITATION. ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL BE TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNITY: You irrevocably agree to indemnify and hold us, together with our directors, officers, members, employees, representatives, affiliates and suppliers, harmless from and against any and all claims, actions, demands, proceedings, liabilities or judgments, and against all losses, taxes, expenses, costs, legal fees, and liabilities (present, future, contingent or otherwise on an indemnity basis), arising from or in relation to, without limitation to (i) your use and misuse of the Services or any content; (ii) your breach of any of the provisions of these T&Cs; (iii) the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity; (iv) any third parties claims against us arising from or in relation to the aforementioned events under (i), (ii) or (iii).

TERMINATION: We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation the breach of these T&Cs. Upon termination, your right to use the Services will immediately cease and you must stop using the Services. You acknowledge that such termination will result in your user account being deleted and that we may retain the information contained therein for purposes including, but not limited to, marketing, analytics, or to comply with applicable laws. All provisions of the T&Cs which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. The termination should not affect any claim arising prior to such termination.

CHANGES: We reserve the right to make changes to these T&Cs at any time without providing any prior notification. The amended T&Cs are effective from the date they are published on the Bima App website. For this reason, you should review these T&Cs whenever you use the Services. Your continued access and use of the Services constitutes your unconditional acceptance of any amendment(s) being made and thus the latest version of the T&Cs. If you do not agree to the amended T&Cs, then you should immediately cease from such access and/or use.

MISCELLANEOUS: Our failure to exercise or enforce any right under these T&Cs will not be deemed or construed to be a waiver of such right. We will remain entitled to exercise or enforce such rights or provisions in the future at any given time. In the event any of the provisions of these T&C’s is rendered unenforceable, null, void, inapplicable or otherwise invalid in any jurisdiction, such provision will be deemed substituted by a valid and enforceable provision that is most similar to the (intent of the) original provision and all the other provisions of these T&C’s will remain in full force and effect. These T&Cs constitute the entire agreement between you and us relating to the provisions set out in these T&Cs, and supersede and replace all prior verbal or written agreements in relation to the any provisions set out in these T&Cs.

GOVERNING LAW AND JURISDICTION: These T&Cs shall be governed and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions. The Kenya courts will have exclusive jurisdiction over any claim or dispute arising under or in connection with these T&Cs although we retain the right to bring proceedings against you for breach of these T&Cs in your country of residence or any other relevant country.

1st January 2020