All of the content in the Site is made available only for your personal, lawful, non- commercial use in connection with seeking insurance. Use of the Site by a competitor company or other non-consumer third party is prohibited. Except as expressly mandated by law, you may not, without our prior written permission: (i) link from another website to the Site; (ii) post, transmit, copy, modify, create derivative works from, distribute, sell, or republish anything you obtain or download from the Site; or (iii) engage in systematic retrieval of data or other content from the Site.
Copyrights and trademarks
Except as otherwise indicated, all materials in the Site, including without limitation the BimaExchange logo and other BimaExchange trademarks and service marks, are the property of BimaExchange LIMITED and/or its affiliates or licensors and are protected by international copyright and trademark laws. All rights reserved
Our products and services
The information and materials provided in the Site are intended for general reference only, and may not describe all of the terms, conditions, and exceptions applicable to BimaExchange’s products and services. All coverages are subject to the terms and conditions of the insurance policies issued. Coverages and their availability may vary by individual circumstances, and additional minimum coverage limits may be required. The products and services offered in the Site are only available in the jurisdictions in which BimaExchange LIMITED operates.
Privacy and passwords
Some portions of the Site are protected and require a user identification code ("User ID") and password for access. Unauthorized access or use of such portions of the Site is prohibited. You agree that you will notify BimaExchange immediately if you believe that a third party has obtained your Email Address, User ID or password, or if you believe that any unauthorized access or use may occur or has occurred. For your protection, if BimaExchange believes that any unauthorized access may occur or has occurred, BimaExchange may terminate such access without prior notice to you. You also agree that BimaExchange is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.
Disclaimer of warranties
All information, products, content and other materials in the Site, accessible from the Site, or in a Third-Party Site are provided "as is" and without warranties or representations of any kind, either express or implied. This means that BimaExchange expressly disclaims all warranties, express or implied, including without limitation the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose. In addition, BimaExchange does not represent or warrant that: (i) the operation of the Site will be error-free or uninterrupted; (ii) defects will be corrected; (iii) the Site, any emails sent by BimaExchange, or the server that makes the Site available are free of viruses or other harmful devices; (iv) the Site will be available to you or that you will qualify for products or services offered; (v) the materials in the Site will be accurate as of any particular date; or (vi) the products or services offered through the Site are available outside of Kenya or in jurisdictions in which BimaExchange does not operate.
Limitation of liability
BimaExchange shall not be liable for any loss, damage, injury, or claim, nor any special, indirect, incidental, consequential, exemplary or punitive damages of any kind, whether such action is based in tort, contract, negligence, strict liability, or otherwise and even if BimaExchange has been advised of the possibility of such damages, which arises out of or relates in any way to: (i) the Site, materials in the Site, or the inability to use the Site; (ii) any Third-Party Site, materials in any Third-Party Site, or the inability to use any Third-Party Site; (iii) any defect, omission, error, interruption, delay, or computer virus; or, (iv) except as a result of BimaExchange's gross negligence or intentional actions, the unauthorized alteration of or access to your transmissions or personal data.
You agree in any event that BimaExchange's total liability for all damages, losses, injuries, or claims of any kind or nature shall be limited to the amount you have paid to access the Site.
Jurisdiction, enforceability, and termination
Electronic Signature Agreement
By signing up on BimaExchange.COM you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. You consent to be legally bound by this Agreement's terms and conditions. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide BimaExchange instructions via world wide web or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and BimaExchange. You also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Agreement. You further agree that each use of your E-Signature in obtaining an BimaExchange service constitutes your agreement to be bound by the terms and conditions of the BimaExchange Terms as they exist on the date of your E-Signature.
Consent to Electronic Delivery
You specifically agree to receive and/or obtain any and all BimaExchange "Electronic Communications" (defined below) via BimaExchange . The term "Electronic Communications" includes, but is not limited to, any and all current and future notices and/or disclosures made by various governing entities or that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your account or transactions with BimaExchange. You acknowledge that, for your records, you are able to use BimaExchange to retain Electronic Communications by printing and/or downloading and saving this Agreement and any other agreements and Electronic Communications, documents, or records that you agree to using your E-Signature. You accept Electronic Communications provided via BimaExchange.COM as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.
Paper version of Electronic Communications
You may request a paper version of an Electronic Communication. You acknowledge that BimaExchange reserves the right to charge you a reasonable fee for the production and mailing of paper versions of Electronic Communications. A valid and current email address, notification and updates Your current valid email address is required in order for you to obtain BimaExchange services. You agree to keep BimaExchange informed of any changes in your email address. You may modify your email address by submitting a written request to BimaExchange, visit a branch location or submit a secure message through your account at www. bimaexchange.com. BimaExchange may notify you through email when an Electronic Communication or updated. It is your responsibility to use BimaExchange regularly to check for Electronic Communications and to check for updates to this Agreement.
Hardware, software and operating system
You are responsible for installation, maintenance, and operation of your computer, browser and software. BimaExchange is not responsible for errors or failures from any malfunction of your computer, browser or software. BimaExchange is also not responsible for computer viruses or related problems associated with use of an online system.