Terms and Conditions
THESE TERMS AND CONDITIONS (the "Terms and Conditions")
including the Privacy Policy set out in the Annex constitute the entire
agreement between the User of the CoverApp application (the phrases "you",
"yours" are used to refer to the User) and CoverApp of P.O. box 4067 - 00200
Nairobi (the phrases "we" or "us" "our" are used afterwards to refer to CoverApp)
regarding the use of the CoverApp Application (the "Application") and may be
accessed on the Application website at https://www.coverappke.com
1. APPLICATION OF TERMS AND CONDITIONS
1.1 These terms and conditions come into effect upon your
downloading of the Application in accordance with 2.1 and installing and using
the Application in accordance with 1.2.
1.2 By installing and using the Application in any manner
whatsoever, including, but not limited to, browsing resultant content on the
Application or contributing content or other materials to the Application, you
agree to be bound by these Terms and Conditions.
2. AVAILABILITY OF THE APPLICATION
2.1. You may download the Application from the Android play
Store or any other application store (the "Stores") accessible from your
Device.
2.2. You agree that upon downloading the Application from
the Stores that you will be bound by the specific terms and conditions that
govern the use of the Stores.
2.3 The Application may contain links to third-party sites
that are not owned or controlled by us (the "Third Party Links").
2.4 We expressly exclude any responsibility with regard to
any content or claims that may arise as a result of your using any third-party
Store or Third Party Links.
2.5 To qualify to use the Application, you must be: (i)
above eighteen years; and (ii) eligible to buy insurance and other emergency
services provided on CoverApp; and (iii) you must accept to transact from the
CoverApp virtual wallet and create a profile for purposes of use of the
Application.
3. INTELLECTUAL PROPERTY AND LICENSE
3.1. The CoverApp Trade Mark and the copyright and all
related intellectual property rights to the Application are owned by us and are
protected by local and international copyright, trademark, patent, trade secret
and other intellectual property or proprietary rights laws.
3.2. From the date of commencement of these Terms and
conditions as set out in clause 1.1, and in return for any license fees that we
may charge you for use of the Application, we shall grant you an exclusive,
non-transferrable and non-assignable license for the duration of your use of
your application and only for your personal use of the Application. You may not
use the application for commercial purposes.
3.3. For the avoidance of doubt, we do not transfer any
title or ownership of the Application to you and we reserve all rights that are
not expressly granted to you.
3.4. We may charge you a fee (the "License Fee") for the use
of the Application. We will have the sole discretion of determining the fee
payable depending on the intended duration of use of the Application amongst
other criteria (which we shall determine at our sole discretion). The
applicable License Fees shall be communicated to you on our website or on the in-app
information page . This information could lso be communicated to existing
CoverApp users through their registered email addresses.
3.5. You agree: (i) not to adapt, translate modify, enhance,
decompile or reverse compile/engineer the Application; (ii) not to merge,
interface, combine the whole or part of the Application or any source code of
the Application or documentation without our prior written consent; (iii) that
any part of the application that is derived from open source components may be
used in accordance with the applicable license terms; (iv) not to use the
Application on behalf of or download the application to or make it available to
third-parties or to use it for commercial application, fraudulent
purposes,
3.6 You will be entitled to download and use one (1) copy each
of the mobile phone and Web application.
4. WARRANTIES, INDEMNITIES AND DISCLAIMERS
4.1. THE APPLICATION IS PROVIDED AS IS WITH NO WARRANTIES
WHATSOEVER (WHETHER EXPRESS OR IMPLIED) TO THE MAXIMUM EXTENT PERMITTED UNDER
LAW. IN PARTICULAR:
(A) WE DO NOT WARRANT THAT THE APPLICATION WILL BE FREE FROM
BUGS OR WILL BE ERROR FREE OR THAT THE APPLICATION WILL BE FREE FROM VIRUSES OR
MALICIOUS CODE.
(B) WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY
INFORMATION PRODUCED OR GENERATED FROM YOUR USE OF THE APPLICATION.
(C) WE DO NOT WARRANT THAT THE APPLICATION WILL BE SECURE OR
UNINTERRUPTED.
(D) WE DO NOT WARRANT THAT THE APPLICATION IS DELIVERED IN
THE COURSE OF BUSINESS AND TO BE OF MERCHENTABLE QUALITY, FIT FOR PURPOSE,
TITLE TO AND NON-INFRINGEMENT OF THE APPLICATION WITH THIRD PARTY INTELLECTUAL
PROPERTY RIGHTS.
4.2. WE WILL BEAR NO RESPONSIBILITY HOWSOEVER ARISING AS A
RESULT OF:
(A) ANY FAULT IN THE USER’S OPERATING ENVIRONMENT/ SYSTEM OR
IN ANY PROGRAMS USED IN CONJUNCTION WITH THE APPLICATION.
(B) THE IMPROPER USE OR OPERATION OR NEGLECT OF EITHER THE
APPLICATION OR THE OPERATING ENVIRONMENT OR OPERATING SYSTEM, THE SUBJECTION OF
THE APPLICATION TO UNUSUAL PHYSICAL OR ELECTRICAL STRESS OR
(C) ANY FAILURE OR FLUCTUATION IN ELECTRICAL POWER,
AIRCONDITIONING OR HUMIDITY CONTROLS;
(D) THE MODIFICATION OF THE APPLICATION;
(E) THE MERGER OR USE OF THE APPLICATION IN WHOLE OR IN PART
WITH ANY OTHER SOFTWARE OR SOURCE CODE
NOT PROVIDED BY US FOR USE IN CONJUNCTION WITH THE APPLICATION;
(F) OUR FAILURE TO IMPLEMENT AND INSTALL ALL REASONABLE
RECOMMENDATIONS IN RESPECT OF OR SOLUTIONS TO FAULTS PREVIOUSLY ADVISED BY YOU;
(G) ANY REPAIR, ADJUSTMENT, ALTERATION OR MODIFICATION OF
APPLICATION BY ANY PERSON OTHER THAN US; (H) THE USE OF THE APPLICATION FOR
OTHER PURPOSES OTHER THAN FOR PERSONAL USE OR FOR A PURPOSE FOR WHICH IT WAS
NOT DESIGNED INCLUDING ITS COMMERCIAL AND BUSINESS USAGE;
(I) ANY LOSSES THAT MAY ARISE AS A RESULT OF THE CONTINUED
USE OF THE APPLICATION WHERE AN UPDATE OR UPGRADE OF THE APPLICATION HAS BEEN
AVAILED FOR YOUR DOWNLOAD AT THE STORES;
(J) YOUR FAILURE TO COMPLY WITH ANY RESPONSIBILITY UNDER THE
PRIVACY POLICY INCLUDING BUT NOT LIMITED TO REVEALING YOUR LOGIN PIN AND OTHER
CREDENTIAL INFORMATION TO A THIRD PARTY OR LEAVING OR USING YOUR DEVICE IN A
CARELESS OR NEGLIGENT MANNER THAT WOULD PERMIT A THIRD PARTY TO HAVE ACCESS TO
ANY INFORMATION RELATING TO THE APPLICATION;
(K) ANY COMPROMISE TO THE APPLICATION OR TO YOUR DATA THAT
MAY OCCUR AS A RESULT OF A SECURITY BREACH;
(M) ANY LOSS OCCURRING AS A RESULT OF A MATTER REASONABLY
BEYOND OUR CONTROL.
4.3. YOU AGREE TO PROTECT AND HOLD US HARMLESS AGAINST ANY
LOSSES, COSTS, CLAIMS, LIABILITIES OR EXPENSES (OF WHATEVER NATURE SUCH AS
LEGAL COSTS):
(I) IN THE EVENT OF YOUR NON-COMPLIANCE TO THESE TERMS AND
CONDITIONS;
(II) AND AGAINST ALL CLAIMS BROUGHT AGAINST US BY OTHER
PERSONS NOT SUBJECT TO THESE TERMS AND CONDITIONS AS A RESULT OF YOUR USE OF
THE APPLICATION.
4.4. WE WILL BEAR NO RESPONSIBILITY TO YOU FOR ANY LOSS OF
BUSINESS; LOSS OF INCOME; LOSS OF PROFITS; LOSS OF GOODWILL; LOSS OF
ANTICIPATED SAVINGS; LOSS OF REVENUES OR ANY INDIRECT OR CONSEQUENTIAL LOSSES,
LIABILITIES OR COSTS THAT MAY ARISE TO YOU AS A RESULT OF YOUR USE OF THE
APPLICATION.
4.5.
IN THE EVENT THAT WE ARE TO BE RESPONSIBLE TO YOU HOWSOEVER, THEN OUR MAXIMUM
LIABILITY TO YOU SHALL BE KENYA SHILLINGS ONE THOUSAND ONLY OR THE LICENSE FEES
PAID BY YOU, WHICHEVER IS LESS.
5. TERMINATION AND DISCONTINUANCE OF THE APPLICATION
OFFERING
5.1. We may terminate your access to the Application without
cause or notice, which may result in the forfeiture and destruction of all
information associated with you. All provisions of these terms and conditions
that by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers,
indemnity, and limitations of liability. Upon such termination, we are under no
obligation to make any refund of any fees paid by you to use the Application.
5.2. You may terminate these Terms and Conditions by
uninstalling the Application at any time. In the event that you uninstall the
Application, we will not be required to refund you any License Fees paid to us.
6. CHANGES TO THESE TERMS AND CONDITIONS, TRANSFERS AND
ASSIGNMENTS
6.1. We reserve the right, at our sole discretion, to modify
or replace these Terms and Conditions by posting the updated terms on our
website. Your continued use of the Application will constitute your acceptance
to those changes. It may be such that such changes would require you to update
the Application for purpose of continued enjoyment of the Application.
6.2. We may transfer, assign or subcontract any of our
rights or obligations under these Terms and Conditions to any third party. Your
acceptance of these Terms and Conditions shall constitute your consent as to
any transfer, assignment, subcontracting or novation of any of our obligations
under these Terms and Conditions.
7. UPDATES AND UPGRADES OF THE APPLICATION
7.1. We may from time to time offer updates and upgrades to
the Application aimed at correcting errors or adding features to the
Application ("Updates") or replacing the Application with a new version
("Upgrades"). In order to continue enjoying the use of the Application, you
will be required to constantly install such Updates and Upgrades made available
on the Stores.
7.2. We are under no obligation to provide you with such
Updates and Upgrades and such Updates and Upgrades are issued with no
warranties whatsoever and the provisions of clause 4 shall apply. In the event
that we release an Update or Upgrade, no warranty is made that the Application
will continue to function uninterrupted or error free.
7.3. When we make an Upgrade available, we are under liberty
to discontinue any availability or support offered to the Application prior to
that Upgrade with immediate effect and without notice to you. You will be
required to install the Upgrade to enjoy the use of the Application at no
additional cost to the License Fees already paid if any. In the event that you
choose not to install such an Upgrade you will be required to uninstall the
Application – we will not be responsible to you whatsoever for any refund of
any License Fees paid and unused for the Application prior to the Upgrade.
8. PRIVACY AND DATA PROTECTION
The privacy of your personal information including
information about your use of the Application and other personal identifiable
information shall be dealt with in accordance with the "Application Privacy
Policy" which we may solely review from time to time. The Application Privacy Policy
is set out as an annex to these Terms and Conditions.
9. CUSTOMER ENQUIRIES
You may make your enquiries about the Application including
trouble shooting by dialing our customer care number +254 740 130 001 No warranty is given
that our customer care team will be able to correct any problem related to the
Application or to your use of the Application.
10. GOVERNING LAW AND DISPUTE RESOLUTION
10.1. These Terms and Conditions shall be governed by the
Laws of the Republic of Kenya.
10.2. In the event of a dispute, the parties to these Terms
and Conditions shall settle the dispute amicably. In the event that the dispute
remains unsettled for duration of thirty (30) days, any party may refer the
matter before one arbitrator before the Kenya Chapter of the Chartered
Institute of Arbitrators (UK). Such arbitrator shall be appointed in agreement
of the parties failing which the Chairman of the said institute shall appoint
an arbitrator. The arbitration will be heard in Nairobi in the English language
and in accordance with the rules of the said institute and the Arbitration Act,
1995 (or successor legislation). To the maximum extent permissible under law,
the decision of the arbitrator shall be final and binding between the parties.
