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Last updated: September 1st 2017
We (CoverApp) operate(s) http://www.coverappke.com (the "Site"). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site.
We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.
Information Collection and Use
While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally, identifiable information may include, but is not limited to your name ("Personal Information").
Like many site operators, we collect information that your browser sends whenever you visit our Site ("Log Data").
This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this data to give us insights on what we may do to improve the services offered through the site.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that will enable you to enjoy better services and get exposed to other services available through CoverApp.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.
Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
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 USERâ€™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;
(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 â€“ 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
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.