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Terms of use

Please read BimaExchange's Terms of Use carefully before using BimaExchange Limited's website, www. bimaexchange.com, (the "Site"). By using the Site, you agree to be bound by these Terms of Use. If you do not agree with any part of these Terms of Use, you must not use the Site. Your continued use of the Site will constitute your acceptance of these Terms of Use. As the Terms of Use may be modified by BimaExchange at any time without notice to you, please check this page regularly for updates.

Permitted use

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

BimaExchange values and protects the privacy of your information. Please review the BimaExchange Privacy Policy, as it contains important information relating to your use of the Site.

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.

Third-party sites

At times, the Site may have links to websites hosted by other parties ("Third-Party Sites"), or such Third-Party Sites may have links to the Site. These links are offered as a convenience and for informational purposes only, not as referrals or endorsements by BimaExchange of the Third-Party Sites. The Third-Party Sites are maintained by their respective organizations, and those organizations are solely responsible for the content of their own websites. BimaExchange does not verify nor make any warranty or representation about the content, accuracy, opinions expressed, warranties, products or services, intellectual property compliance, or links of such Third-Party Sites. You should read the privacy policies and terms of use agreements of all Third-Party Sites.

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

These Terms of Use and your use of the Site are governed in all respects by the laws of The Republic of Kenya, without giving effect to any principles of conflicts of laws. Any dispute concerning the Site or these Terms of Use shall be subject to the exclusive venue of a court of competent jurisdiction in Kenya. In the event that a court of competent jurisdiction holds any provision of these Terms of Use to be invalid or unenforceable, then such provision shall be severable from and shall not affect the validity or enforceability of the remaining provisions. These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use without notice to BimaExchange by discontinuing all use of the information contained in the Site and destroying the materials you have obtained from the Site, including all related documentation and copies. BimaExchange may terminate these Terms of Use and/or the products or services offered by BimaExchange at any time without notice to you if, in our sole judgment, you breach any term or condition of these Terms of Use. Upon termination, you must discontinue all use of the information contained in the Site and destroy the materials you have obtained from BimaExchange, including all related documentation and copies. BimaExchange is also entitled to terminate all or part of the Site at any time, without notice to you.

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.

Controlling Agreement

This Agreement supplements and modifies other agreements that you may have with BimaExchange. To the extent that this Agreement and another agreement contain conflicting provisions, the provisions in this agreement will control (with the exception of provisions in another agreement for an electronic service which provisions specify the necessary hardware, software and operating system, in which such other provision controls). All other obligations of the parties remain subject to the terms and conditions of any other agreement. It is recommended that you print a copy of this Agreement for future reference. These Terms of Use state the entire agreement with regard to the items discussed above.