Term and Condition - Kenya
Term and Condition Kenya
Terms and Conditions
- This agreement applies if you have a policy or account with Britam, or wish to subscribe to the Britam Buy Online Portal and it explains our obligations to you and your obligations to us.
- These terms and conditions come into effect immediately when you register for or access the Britam Buy Online Portal. We will automatically onboard you on the portal unless you opt out.
- Any amendments or variations made to these Terms and Conditions shall take effect on their date of publication or as otherwise provided in such amendment or variation and shall be posted on http://www.britam.com (“Website”).
Please read the following terms and conditions carefully.
2. Definitions and Interpretation
In these terms and conditions:
- "you" or "your" means any customer accessing the Site.
- "we", "us" or "our" means Britam Holdings Limited.
- "Britam" means us and our subsidiary companies.
- "Password" means any secret and confidential code for using the Site and/or to avail of any products and services provided by us to you and/or selected by you and/or subsequently changed by you at your discretion.
- "Site" means the Britam Buy Online Portal.
- “Products” means any of the products offered by Britam through the Site.
- "Username" means and includes an identification code which is selected by us and/or you for operating the Site and/or to avail of any Products or services provided by us to you.
- Name: Britam Holdings Limited
- Address: P.O. Box 30375-00100, Nairobi Kenya
- Britam Centre: Mara/Ragati Road Junction Upperhill, Nairobi
- Contacts: Tel: (020) 2833000, Mobile: +254 703 094 000, Fax: (020) 2717626/2714927
- E-mail: email@example.com
- These terms and conditions govern your use of the Site and by accessing this Site and acknowledging receipt of the Username and Password you agree to be bound by them.
- Please note that if you are an existing Britam customer, these terms will apply in addition to those in the application form or policy document signed by you. An additional copy can be obtained from your local branch,
- We reserve the right to change these terms and conditions at any time and without notice to you and your continued access to or use of this Site following any such change shall constitute your acceptance of the revised terms and conditions.
- Britam reserves the right to accept or decline any application for access to and use of the Site at its sole discretion.
- The processing of your application and the subsequent registration for access to and use of the Site will be done within (5) working days of submitting your application. We reserve the right to request for additional information from You to enable us process your application.
- It is your sole responsibility to familiarize yourself with the operating procedures for the Site as will be provided by Britam upon your registration to access and use the Site. Britam will not be liable for any losses incurred as a result of your errors of commission and/or omission in using the Site.
- You agree and undertake to be bound by and to comply with all of the procedures for accaess and use of the Site as may be issued by Britam from time to time. We shall not be bound by or obliged to take any action on any instructions which do not properly comply with such procedures and Britam may reject such non-compliant instructions.
- We shall provide you with a Username and Password (“Credentials”) for your access to the Site. You hereby agree to keep your Credentials secret and not to disclose them to any third party. You shall take all reasonable care to prevent unauthorized or fraudulent use of the Site using your Credentials. We will not be held liable for any losses arising from the unauthorized use of your Credentials.
- You agree that you shall notify us immediately should you suspect or become aware that your Credentials have been compromised, through our customer service team.
- This Site is available to individuals holding individual customer accounts and customer accounts held jointly by two or more people and will be operated as according to the account mandates held by us.
5. Use of this Site
- You agree that you shall not misuse this Site (including, without limitation, by hacking).
- We may in our sole discretion terminate your access to or use of the Site for any reason, including without limitation where we believe that you have not acted in accordance with these terms and conditions.
- This Site is designed to be accessed from our homepage. Accessing a specific page within this Site via a hypertext link may mean that you do not see important information about this Site or the conditions for its use.
- While we will endeavor to ensure that the Site is available 24 hours a day, we shall not be liable if for any reason the Site is unavailable at any time or for any period. Also, your access to the Site may also be suspended temporarily or restricted without notice to allow for repairs, maintenance, or the introduction of new Products, or services or for reasons beyond our control.
- Britam reserves the right to enhance the Site at any time without notice to you. It is your responsibility to keep updated with these enhancements. We will make all reasonable efforts to notify you of any changes or updates.
6. Intellectual Property
- The entire design and content of the Site is the copyright of Britam Holdings Group, The Britam logo and Britam name are registered trademarks of Britam Holdings Limited. All trademarks, brand names, logos and designs used on this Site are our intellectual property and we remain exclusively entitled to all rights and interests relating to such intellectual property.
- You may not download (all or in part), transmit, reproduce, distribute or modify this Site without our prior written permission. However, you may print out part or these entire Sites for your own personal use.
7. Third Party Products and Services
- Where we provide hypertext links to third party internet web sites, such links are provided for your information and convenience and the inclusion of any link it is not an endorsement by us in any way of any products or services in such web sites. You use such links entirely at your own risk and we accept no responsibility or liability for the content, use or availability of such web sites or for any loss or damage, however arising, suffered as a result of their use. We have not verified the truth or accuracy of any content of such web sites.
- This Site may also contain some material provided by third parties and we accept no responsibility or liability for the accuracy of such material
- No third party is permitted to link any other web site to this Site without obtaining our prior written consent.
8. No Offer
- Nothing on the Site should be construed as a solicitation or offer, or recommendation, to acquire or dispose of any investment or to engage in any other transactions or provide any financial advice.
9. No Warranty
- Although we have taken all reasonable care to ensure that the information provided on the Site is accurate and up-to-date, we make no representations or warranties of any kind, express or implied, with regard to the accuracy, timeliness, reliability or completeness of any such information.
- Opinions and any other contents on this Site are provided by us for your personal use and informational purposes only and are subject to change without notice. If you are in any doubt as to the validity of information made available within these pages then feel free to check this with us.
- Nothing contained on this Site constitutes investment, legal, tax or other advice and is not to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision.
10. Indemnity and Exclusion of Liability
- You agree to indemnify and absolve us against any law suits, losses, charges, damages, liabilities, expenses (including legal fees), fees or claims (including claims by third parties) that the we may suffer, incur or that may otherwise result as a consequence of your breach of these terms and conditions or as a result of any reliance by us on any instructions or information issued by yourself or purported to be issued by yourself and/or on your behalf.
- To the maximum extent permitted by law, we will accept no liability in any event including (without limitation) for negligence, and/or for any damages or loss of any kind, including (without limitation) direct, indirect, incidental, special or consequential damages, expenses or losses that may result to you or a third party arising out of, or in connection with,
- Your use or inability to use the Site, or
- your downloading of any material from the Site or
- any error, omission, defect, computer virus( including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property, or system failure), loss of any profit, goodwill or reputation, even if expressly advised of the possibility of such loss or damages, arising out of or in connection with the access of, use of, performance of, browsing in, or linking to other sites from the Site or the material on such websites;
- Any action based on the content of this Site or any use or application of the same or any error or omission relating to the transmission of the content of these Sites.
- Britam shall not be held liable for the quality of service, any interruptions, malfunctions or disruptions from your internet service provider, telecommunications provider or any other third party.
11. Discontinuation of the Service
- We reserve the right to modify, suspend or discontinue, temporarily or permanently, these Sites or any part of it, with or without notice, at any time. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of this Site.
12. Data Protection
- It may be necessary for us to transfer, process and store data (including personal information) received through the Site. YOU HEREBY ACKNOWLEDGE AND CONSENT to Our (a) transfer, storage and processing of such data; and (b) use of such data for our own internal purposes, for the performance of these terms and conditions and as allowed or required by law.
- You acknowledge and agree that we does not monitor and shall have no liability or responsibility for the content of any information transmitted via the Site.
13. Force Majeure
- For purposes of this clause 13, a "Force Majeure Event" means any unforeseeable and exceptional situation or event beyond a party’s control which prevents them from performing any of their obligations under these terms and conditions, and which was not due to error or negligence on their part and could not have been avoided by the exercise of due diligence.
- Neither party shall be liable for any delay or non-performance of their obligations under these terms and conditions due to a Force Majeure Event. The party claiming relief under this clause shall exercise commercially reasonable efforts to minimize the time for any such delay. If a Force Majeure Event persists beyond thirty (30) days, the parties hereby agree to meet and discuss an equitable solution taking into account the nature of the obligation involved, the likelihood of a workaround solution, and the extent to which the affected party is or shall be adversely affected. If a Force Majeure Event persists beyond ninety (90) days, then we shall terminate the Service immediately.
14. Miscellaneous Provisions
- Severability: In the event any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable, such offending provision(s) shall be stricken and the remainder of the Terms and Conditions shall remain legal, valid and binding.
- Waiver: The failure by You or Us to exercise or enforce any right conferred by these Terms and Conditions shall not be deemed to be a waiver of any such right nor to operate so as to bar the exercise or enforcement of any such or other right on any later occasion.
- Assignment: You may not assign any right or obligation that may arise under these terms and conditions without Our consent. We may assign the terms and conditions without your prior written consent but you shall be notified of the assignment.
- Notice: Any notice or communication required to be given hereunder may be delivered by hand or email (with confirmation of delivery) at an address communicated by either party by notice in writing.
- Partnership/Agency: No provision of this Agreement creates a partnership between us or makes you or us a commercial agent of the other for any purpose.
- Entire Understanding: These Terms and Conditions constitute the entire understanding between You and Us. All prior written or oral agreements, understandings, communications or practices between You and Us are hereby superseded insofar as they relate to the Service.
- Governing Law and Dispute Resolution: These Terms and Conditions shall be governed by the Laws of Kenya. You may contact Us through our customer care contacts provided on our Website to report any disputes, claims or discrepancies in relating to the Service. Any dispute regarding the Service that is not resolved by our customer care representatives shall be forwarded to Our senior officers. If the dispute is not resolved within thirty days of such notification, You or We may refer the dispute to arbitration under the Rules of Arbitration of the Chartered Institute of Arbitrators (Kenya Branch) and the provisions of the Arbitration Act 1995.