Mama Bima Kenya Insurance Agency Limited Definitive Terms of Service

These Terms of Service constitute a legally binding agreement between you the Client and MAMA BIMA KENYA INSURANCE AGENCY LIMITED (herein after, Mama Bima Kenya). By creating an account or using the Website (https://mamabima.com/), you agree to be bound by these Terms.

Article 1: Scope of Intermediary Services.

Mama Bima Kenya provides professional insurance intermediary services. Our role is to facilitate your access to insurance products from our Underwriting Partners. We are not an Underwriter. The insurance policy is a contract exclusively between you and the Underwriter.

Article 2: User Account and Obligations.

To access our services, you may need to register for an account. You agree to:

a. Provide accurate, current, and complete information.

b. Maintain the security of your password and accept all risks of unauthorized access to your account.

c. Promptly notify us if you discover or otherwise suspect any security breaches.

d. Accept responsibility for all activities that occur under your account.

Article 3: Client's Legal Warranties and Duties.

a. Age: You warrant that you are at least eighteen (18) years of age.

b. Duty of Utmost Good Faith: You warrant that all information you provide is true and complete. You understand that failure to disclose a material fact may entitle the Underwriter to void the Policy and repudiate any claims.

Article 4: Prohibited Uses

You are expressly prohibited from using the Website to:

a. Engage in any fraudulent, unlawful, or malicious activity.

b. Introduce viruses, Trojans, or other malicious software.

c. Attempt to gain unauthorized access to our systems or user accounts.

d. Scrape, data-mine, or extract data for commercial purposes without our prior written consent.

e. Infringe upon our intellectual property rights.

Article 5: Application and Quotation Process.

Any quotation generated by the Website is indicative and non-binding. The submission of an application by you does not constitute a contract of insurance. The final decision to accept or reject your application, and the terms of any Policy offered, rests solely with the Underwriting Partner.

Article 6: Termination.

We reserve the right to suspend or terminate your account and access to our services, without notice, for any breach of these Terms, or for any conduct that we, in our sole discretion, believe is harmful to our platform or other users.

Article 7: Disclaimers and Limitation of Liability.

a. The Website and our services are provided on an "as is" and "as available" basis.

b. Our liability is strictly limited to direct losses arising from our own negligence or breach of these Terms in our capacity as an insurance intermediary. We are not liable for the actions or omissions of the Underwriter.

c. To the fullest extent permitted by law, Mama Bima Kenya shall not be liable for any indirect, consequential, or punitive damages.

Article 8: Intellectual Property.

All content, branding, and software on our platform are the property of Mama Bima Kenya Insurance Agency Limited or our licensors.

Article 9: Communication from Mama Bima Kenya.

By accepting these Terms of Service, you consent to receive communications from Mama Bima Kenya via SMS, email, and other electronic channels, including but not limited to push notifications and WhatsApp (where applicable). These communications may include policy updates, claim notifications, transaction confirmations, service-related announcements, customer feedback surveys, or information from our trusted insurance partners relevant to your interactions with Mama Bima Kenya. All such communications will be provided to you free of charge. Please note that anyone with access to your mobile device, email account, or Mama Bima Kenya account may also have access to these communications. The frequency of these messages may vary depending on your insurance activity, interactions with our platform, or your participation in specific services. From time to time, we may also send you promotional or marketing content related to our services or those of our verified partners, provided you have opted in to receive such updates. You have the right to opt-out of promotional communications at any time. To stop receiving email communications, click the “Unsubscribe” link provided at the bottom of any email you receive from us. After unsubscribing, you will no longer receive promotional emails, though we may still contact you regarding active insurance policies, claims, or legal notices where required. Mama Bima Kenya reserves the right to modify or discontinue its communication services, in whole or in part, at its discretion, without prior notice. For assistance with managing your communication preferences, you may contact us at info@mamabima.co.ke.

Article 10: Indemnity.

You agree to indemnify and hold harmless Mama Bima Kenya, its directors, and employees from any claim, demand, loss, or damages, including reasonable legal fees, arising out of your breach of these Terms or your violation of any law or the rights of a third party.

Article 11: Third-Party Links.

Our platform may contain links to third-party sites. We are not responsible for their content or privacy practices. Additionally, we are not responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or inconvenience encountered as a result of using such website/App link.

Article 12: Website and Platform Availability.

At Mama Bima Kenya, we take all reasonable steps to ensure that our website and online platforms are available to you 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted access, and the availability of our website or digital services may occasionally be affected by maintenance activities, technical issues, or circumstances beyond our control. While we make every effort to provide advance notice of any scheduled maintenance or known service interruptions, we are not under any obligation to do so. Mama Bima Kenya will not be held liable for any unavailability of the website or digital services or for any loss or inconvenience arising from such interruptions. We recommend that you ensure you have appropriate internet access and compatible devices to access and use our digital services.

Article 13: Force Majeure.

We shall not be liable for any failure or delay in performance of our obligations under these Terms arising out of or caused by, directly or indirectly, forces beyond our reasonable control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

Article 14: Governing Law and Dispute Resolution.

These Terms are governed by the Laws of Kenya. In the event of a dispute, the parties shall first seek amicable resolution through negotiation. Failing that, the matter shall be subject to the exclusive jurisdiction of the Courts of Kenya.

Article 15: Severability.

If any provision of these Terms and Conditions shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Article 16: Changes to Terms and Conditions.

We reserve the right to change these Terms and Condition from time to time at our sole discretion. If we make any changes, we will post those changes here and update the “Last Updated” date at the bottom of these Terms and Conditions. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check this Statement periodically for updates.