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.
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- “Company” shall mean Cranbrook insurance agency which owns and operates the Platform, insurance advisors.ke.
- “Insurance Company” shall mean an entity who wishes to get its products listed on the Company’s Platform.
- “Customers” shall mean the individuals who may use the Company’s Platform for purchasing the products from the Insurance Companies listed on Company’s Platform.
- “Listing” shall mean and include the products of the Insurance Company’s and its related information published/posted on Company’s Platform.
- “Registration” means the feature offered to Insurance Company’s to register on our Platform by providing us your Username, Email- address, password. Once you create an account on our Platform, you can login on our Platform using your e-mail id and password and list your services therein.
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- The Insurance Companies will have to register with us in order to list their products on our Platform.
- While logging in, the representative of the Company will have to enter the registered mobile number, email address.
- You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
- When creating an Account, don’t:
- Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
- Use a username that is the name of another person with the intent to impersonate that person;
- Use a username that is subject to rights of another person without appropriate authorization; or
- Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
- We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at admin@insuranceadvocacy.ke.
- You shall not transfer or sell your account on our Platform and User ID to another party.
- Our Services are not available to temporarily or indefinitely suspended users. Our Platform reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our Platform reserves the right to refuse service to anyone, for any reason, at any time.
- One individual can own only one account in his/her name.
- You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by our terms of use and all other policies listed on the Platform and all other operating rules, policies and procedures that may be published from time to time on the Platform by the Company.
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- SERVICES
- The Company offers the Insurance Company with a platform to list its products so that the same can be purchased by the customers visiting their Platform.
- The Insurance Company can sell their policy at an agreed commission, marketing polls, market research, advertise their job postings, put up video live coverage of events, participate in forum discussions, upload blogs and advertise their products through our Platform.
- You can also login to your account and post the response to the various queries put up the users on the forum of the Platform.
- You can advertise your services on the Platform by paying the charges for the monthly package.
- The polls conducted by the Insurance Company are provided two ways: One is free and the other is on purchase of the package. However the Insurance Company need to make a note that we reserve the right to dislodge a free a poll booking and assign the same slot to a Client who has paid for it. We shall reschedule the booking to a further available date which shall be notified to the Insurance Company.
- The Insurance Company be solely responsible to bear the cost of live streaming of an event or can add a link to host the live event.
- INSURANCE COMPANY’S RESPONSIBILITY FOR LISTING SERVICES ON THE PLATFORM AND ITS OBLIGATIONS:
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- The Insurance Company agrees to ensure that the listing description of the service must not be misleading.
- Company may perform a variety of marketing activities to promote Insurance Company and the Insurance Company’s list of products and other information provided to Company, all such marketing activities will be determined in Company’s sole and absolute discretion and the Company’s Platform content may be changed, without notice and from time to time, to reflect any such changes.
- The Insurance Company hereby grants to Company a non-exclusive, transferable, royalty-free, fully-paid, worldwide license, to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such Marketing Materials, including any trademarks, trade names, service marks, logos, telephone numbers, and addresses therein, for any purpose, including marketing, commercial, advertising, promotional activities or otherwise, and with a right to sublicense, in connection with the Company’s Platform, or the Company’s Marketing Activities; and, in connection with Company’s exercise of the license rights granted by the Insurance Company.
- Company may prepare derivative works of, or incorporate into other works, all or any portion of the Marketing Materials. The license rights granted hereby will apply to any form, media, or technology now known or hereafter developed.
- Company does not assert any ownership over the Marketing Materials; rather, as between Company and the Insurance Company, and subject to the rights granted to Company herein, the Insurance Company shall remain the owner of its Marketing Materials and the intellectual property rights associated thereto.
- The Insurance Company declares that it has all rights, ownership, licenses and authorizations and is authorized to provide such services to the customer via Company’s Platform. The copy of such ownership, licenses, authorization shall be provided on demand without failure and/or protest.
- INSURANCE COMPANY’S DOCUMENTATION:
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- At the time of Insurance Company Registration and/or at any time thereafter and/or from time to time as may be required, the Platform may seek information, data or documents as may be specified by the Platform to verify the details provided by the Insurance Company.
- The Company has the right to reject any one or more of the documents submitted by Insurance Company and may ask for other documents or further information.
- DUTIES OF INSURANCE COMPANY:
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- The Insurance Company must act in good faith while using the services offered by the Company.
- The Insurance Company agrees that its listings shall be appropriate and not include any harassment, gender, race discrimination, obscene, vulgar etc. content. The Company reserves the right to delete what it believes to be unacceptable.
- Insurance Company agrees that the content shall be related to the Insurance Company and it shall not make any other advertisement through the content.
- Insurance Company agrees that it shall be solely liable for all the content posted on Company’s Platform and shall indemnify us in case of any Intellectual Property infringement by third party.
- Insurance Company agrees that it shall use the Company’s Platform in a lawful and ethical manner, which shall not be in conflict with the intent and purpose of the service.
- Insurance Company shall not use the Platform to propagate hatred, disaffection or discontent among the local government or use our services for any political purpose.
- The Insurance Company shall strictly refrain from using abusive, obscene, defamatory, demeaning, libelous, threatening and offensive language while using Company’s services. The Insurance Company shall also refrain from using its listings to hurt religious sentiments of any person. NO content shall be sexually, racially, regionally or in any way objectionable.
- The Insurance Company shall refrain from using any type of cheats, mods, cracks, bots, automation software, hacks etc. to gain undue benefit in the course of Company’s services or facilitate the same.
- The Insurance Company shall not try to gain unauthorized or illegal access into our databases, user files and folders at any time.
- The Insurance Company shall not take part or initiate an activity that will harm the commercial, business, technical or any related interests of the Company and/or associated companies.
- The Insurance Company and their representatives shall be solely responsible for the responses they post on the Company’s Forum, they shall be solely responsible for any advice given by them to any customers;
- The Insurance Company shall disclose all the details of its policies and other financial products to the customers and not put up any misleading advertisements or misleading solicitations.
- The Insurance Company shall be solely responsible towards the customer for any loss that they might incur due to the purchase of the Insurance or Financial Product offered by the Company.
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- The Company’s Platform allows a customer to pay for the services through the Payment Gateways listed on the Platform and the payments shall directly go in the account of the Insurance Company linked with the Platform.
- INSURANCE COMPANY’S REPRESENTATIONS, WARRANTS, COVENANTS
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- The Insurance Company hereby represent, warrant, and covenant that:
- it will comply, and prepare, sell, market, and provide all services in strict compliance, with all state, and local laws, rules, regulations, and standards pertaining to services marketing, safety, as applicable to the Insurance Company’s operation of its business;
- it will not offer any services that are prohibited by law or by Company’s then-current policies;
- it bears all risks to persons and property arising from its (or its employees' or service providers') contact therewith, and agrees to indemnify Company for, any and all claims relating thereto against Company;
- the creation, distribution, transmission, public display and performance, accessing, downloading and copying of the Insurance Company’s Marketing Materials pursuant to the license rights granted to Company by this Agreement does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party; and
- the Insurance Company’s Marketing Materials do not violate any state or federal law, rule, or regulation.
- it shall solely be responsible for any harm caused to the customers due to the services rendered by the Insurance Company and shall indemnify us in case any customer claims damages from the Company.
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.
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- CUSTOMER DATA:
- "Customer Data" means any and all identifiable information about customers/purchasers generated or collected by Company or the Insurance Company, including, but not limited to, customer’s name, email addresses, services availed, phone numbers, and customer’s preferences and tendencies. The Insurance Company agrees that it will only use the Customer Data in fulfilling the applicable Customer Order and in complying with its obligations in this Agreement, and the Insurance Company agrees that Customer Data will not be used to enhance any file or list of the Insurance Company or any third party.
- The Insurance Company represents, warrants, and covenants that it will not resell or otherwise disclose any Customer Data to any third party, in whole or in part, for any purpose whatsoever. The Insurance Company agrees that it will not copy or otherwise reproduce any Customer Data other than for the purpose of providing services to the Customer. The Insurance Company (and any other persons to whom the Insurance Company provides any Customer Data) will implement and comply with reasonable security measures in protecting, handling, and securing the Customer Data. If any Customer Data is collected by the Insurance Company (or otherwise on its behalf), the Insurance Company shall ensure that it (and any applicable third parties) adopt, post, and processes the Customer Data in conformity with an appropriate and customary privacy policy.
- For purposes of this Agreement, the restrictions set forth herein on the Insurance Company's use of Customer Data do not apply to: (a) data from any customer who was a customer of Insurance Company prior to the Insurance Company using the Platform, but only with respect to data that was so previously provided to the Insurance Company by such customer; or (b) data supplied by a customer directly to the Insurance Company who becomes a customer of the Insurance Company and who explicitly opts in to receive communications from the Insurance Company for the purposes for which such Customer Data will be used by Insurance Company; and, provided in all cases, that the Insurance Company handles and uses such Customer Data in compliance with applicable Laws and the Insurance Company's posted privacy policy.
- TERMINATION:
- Either Company and/or the Insurance Company may terminate this Agreement any time, for any reason, by providing a thirty (30) days' written notice to the other. Neither party shall have any liability to the other party for damages suffered by a party as the result of any such termination.
- The Company may immediately terminate this agreement in case of breach of any of the provision of this agreement by the Insurance Company.
- Company will, as soon as practicable following such termination (or notice thereof, if terminated by the Insurance Company), remove the Insurance Company from inclusion in the Company’s Platform.
- Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such .
- DISPUTES:
- If there is a dispute between the Insurance Company and a Customer, the Insurance Company understands and agrees that Company is under no obligation with respect thereto, and the Insurance Company, to the fullest extent permitted by law, hereby releases Company and its affiliates, and each of their respective officers, directors, employees, service providers, affiliates, agents, and successors from, and agrees to indemnify each of the foregoing for any losses incurred in connection with, any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company.
- In case of dispute between Company and the Insurance Company, the same shall be referred to the decision of a Sole Arbitrator to be appointed by the Company in accordance with and subject to the provisions of the Arbitration laws of Kenya.
- The seat of such Arbitration shall be at Nairobi, Kenya in order to deal with the arbitration proceedings and the awards in accordance with law.
- The decision of the arbitrator shall be final and binding.
- The language to be used and all written documents provided in any such arbitration shall be in English.
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.
- LIMITATIONS OF LIABILITY:
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.
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- NOTICES:
- Except as explicitly stated otherwise, any notices given to Company shall be given by email to admin@insuranceadvocacy.ke or at an address P.O box 19976-00100 Nairobi, Kenya. Any notices given to the Insurance Company shall be to the email address provided by the Insurance Company to the Company at the time of listing (or as such information may be updated via the Platform by Insurance Company from time to time) or at the mailing address provided by Insurance Company to the Company.
- Any notice, demand, or request with respect to this Agreement shall be in writing and shall be effective only if it is delivered by email, personal service, by air courier with receipt of delivery, or mailed, certified mail, return receipt requested, postage prepaid, to the address set forth above. Such communications shall be effective when they are received by the addressee; but if sent by certified mail in the manner set forth above, they shall be effective five (5) days after being depo d in the mail. Any party may change its address for such communications by giving notice to the other party in conformity with this section.
- GOVERNING LAW AND ATTORNEY’S FEES:
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- This Agreement shall be governed by and construed in accordance with the laws of Kenya without regard to its choice of law principles.
- The parties consent to exclusive jurisdiction and venue in the state courts sitting in Nairobi, Kenya. In any action or suit to enforce any right or remedy under this agreement or to interpret any provision of this agreement, the Company shall be entitled to recover its reasonable attorney’s fees, costs and other expenses.
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.
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- Company may at any time at its sole discretion modify this Agreement from time to time, and any such changes will (i) be reflected on the Platform, (ii) be effective thirty calendar days after being so posted on the Platform, (iii) not apply retroactively, and (iv) not apply to any disputes arising prior to the effective date of such change. Company shall also post the amended agreement at the address of the Insurance Company. The Insurance Company agrees to be bound to any such changes and understands the importance of regularly reviewing this Agreement as updated on the Platform to keeping the Insurance Company’s listing and contact information current.
- Notwithstanding anything to the contrary herein, Company reserves the right to, at any time and from time to time, change, alter, modify, or discontinue the Platform and (or any part thereof) with or without notice. The Insurance Company agrees that Company shall have no liability to the Insurance Company or to any third party for any change, alteration, modification, suspension, discontinuance, or amendment of the Company’s Platform.
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.
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- Termination of this agreement for any cause whatsoever shall not release a party from any liability which, at the time of termination, has already accrued to the other party or which may thereafter accrue in respect of any act or omission prior to such termination.
- Article headings are inserted for convenience of reference only and shall not be deemed to affect the interpretation of this agreement or of any clause.
- Each party shall co-operate with the other and execute and deliver to the other such instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, give effect to and confirm their rights and the intended purpose of this agreement.
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.
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- Our Permanent Address is 19976-00100 Nairobi, Kenya