1. TERMS OF USE

By browsing, accessing or using this QInsure Software (“Software”), you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Software and your use of the Services.
Continued use of the Software will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.

2. DEFINITIONS

In these Terms and Conditions of Use, the following terms shall have the following meanings, except where the context otherwise requires:
“Account” means an account created by a User on the Software as part of Registration.
“Material” means any text, images, video, documents.
“Software Provider” refers to the Software Owner, QuantaRisk Limited (QuantaRisk) and their affiliates.
“Privacy Policy” means the privacy policy accompanying these terms and conditions and published on our website.
“Register” means to create an Account on the Software and “Registration” means the act of creating such an Account.
“Services” means all the services provided by the Software Provider via the Software to Users, and “Service” means any one of them.
“Software” refers to the proprietary web platform and mobile applications.
“Service Provider” refers to any third party that we engage for the management and provision of Services, including but not limited to hosting provider, email service, payment platform, and video management platform.
“Users” means users of the Software, including you and “User” means any one of them. “Post-Closure Period” means the timespan between the day your Account was terminated, for any reason including but not limited to non-payment, and when the Software Provider permanently closes your Account.

3. GENERAL ISSUES ABOUT THE SOFTWARE AND THE SERVICES

3.1 Applicability of terms and conditions: The use of any Services and/or the Software are subject to these Terms and Conditions of Use.
3.2 Location: You are responsible for the compliance and consequences for all laws applicable to the location you are accessing the Software.
3.3 Prevention of use: We reserve the right to prevent you using the Software and the Service (or any part of them).
3.4 Equipment and Networks: The provision of the Software does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Software or the Services. To use the Software or Services, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply when using the Software. As a result, you may be charged by the mobile network provider for access to network connection services for the duration of the connection while accessing the

Software or any such third-party charges as may arise. You accept responsibility for any such charges that may arise.
3.5 License to Use Material: By submitting any Material via the Software, you represent that you are the owner of the Material or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote any products or services. The data can be collected and transmitted to Service Providers as well as regulators and government agencies. We do not assume liability on how the shared data is then used further.
We reserve the right to combine data which is not personally identifiable for the purposes of reports and analytics.
3.6 Data Storage/Servers/Transfer: We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We reserve the right to delete Users data at the end of the Post-Closure period. The Post-Closure period is Sixty (60) days. During the Post-Closure period, you can access your content and QInsure services only by reopening your Account. In order to reopen your Account, you will have to settle any outstanding payments. After the Post- Closure period, QInsure permanently closes your Account, and you can no longer reopen it. QInsure reserves the right to delete any content and login credentials for your Account.

4. UNDERWRITING AND CLAIMS

4.1 Need for registration: You must Register to be able to use the Software.
4.2 Application of these Terms and Conditions of Use: By using the Software, you acknowledge and are subject to these Terms and Conditions of Use.

5. LOCATION ALERTS AND NOTIFICATIONS

5.1 You agree to share your actual location on the Software with the Service Providers if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).
5.2 You agree to receive notifications via email or sms.

6. YOUR OBLIGATIONS

6.1 Service Provider terms: You agree to (and shall) abide by these terms and conditions and those of any Service Provider, as may be amended from time to time.
6.2 Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete, and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.
6.3 Content on the Software and Service: It is your responsibility to ensure that any Material available through the Software or the Services meet your specific requirements before making any Report.
6.4 Prohibitions in relation to usage of Services, Software: Without limitation, you further undertake not to or permit anyone else to:
6.4.1 furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;

6.4.2 attempt to circumvent our security or network including to access data not intended for you, log into a server or Account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
6.4.3 execute any form of network monitoring which will intercept data not intended for you;
6.4.4 enter into fraudulent interactions or transactions with us or a Service Provider (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
6.4.5 extract data from or hack into the Software;
6.4.6 use the Services or Software in breach of these Terms and Conditions of Use;
6.4.7 engage in any unlawful activity in connection with the use of the Software or the Services; or
6.4.8 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other User from properly using or enjoying the Software or Services.

7. RULES ABOUT USE OF THE SERVICE AND THE SOFTWARE

7.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Software will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at support@quantainsure.com.
7.2 We do not warrant that your use of the Services or the Software will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Software will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will endeavour to allow uninterrupted access to the Services and the Software, access to the Services and the Software may be suspended, restricted or terminated at any time.
7.3 We do not give any warranty that the Services and the Software are free from viruses or anything else which may have a harmful effect on any technology.
7.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Software from time to time. Your access to the Software and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Software at any time.
7.5 We reserve the right to block access to and/or to edit or remove any Material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.

8. SUSPENSION AND TERMINATION

8.1 If you use (or anyone other than you, with your permission uses) the Software, in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or Software.
8.2 If we suspend the Services or Software, we may refuse to restore the Services or Software for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.
8.3 The Software Provider shall fully co-operate with any law enforcement authorities or court order requesting or directing the Software Provider to disclose the identity or locate anyone in breach of these Terms and Conditions of Use.
8.4 Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Software; (b) suspend your use of the Services and/or Software; and/or (c) suspend the use of the Services and/or Software for persons we believe to be connected (in whatever manner) to you, if:
8.4.1 you commit any breach of these Terms and Conditions of Use;
8.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or
8.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
8.5 Our rights under this Clause 8 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

9. DISCLAIMER AND EXCLUSION OF LIABILITY

9.1 The Software, the Services, the information on the Software and use of all related facilities are provided on an “as is, as available” basis without any warranties whether expressed or implied.
9.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Software and its contents, including in relation to any inaccuracies or omissions in the Software, warranties of Service Provider ability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
9.3 We do not warrant that the Software will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Software will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
9.4 While we may use reasonable efforts to include accurate and up-to-date information on the Software, we make no warranties or representations as to its accuracy, timeliness or completeness.
9.5 We shall not be liable for any acts or omissions of any third parties, including Service Providers, howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Software and the Services offered in the Software, your access to, use of or inability to use the

Software or the Services offered in the Software, reliance on the Software and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangibles, even if we have been advised of the possibility of such damages.
9.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Software and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
9.7 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
9.8 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Software, or electronic mail transmitted to and from us, will not be monitored or read by others.

10. INDEMNITY

10.1 You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your User ID, verification PIN and/or any identifier number allocated by the Software Provider, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Software are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
11.2 Nothing contained on the Software should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Software without our written permission. Misuse of any trademarks or any other content displayed on the Software is prohibited.
11.3 We will not hesitate to take legal action against any unauthorised usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

12. AMENDMENTS

12.1 We may periodically make changes to the contents of the Software, including to the descriptions and prices of the products and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Software.
12.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Software and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 The Software can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Software both you and we agree that the laws of the Republic of Kenya, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Software.
13.2 This Agreement shall be governed by and construed in accordance with the laws of Kenya.
13.3 Subject to clause 13.4, any dispute, controversy or claim arising out of or relating to this Agreement or a termination hereof (including without prejudice to the generality of the foregoing, whether in its interpretation, application or implementation), shall be resolved by way of consultation held in good faith between the parties. Such consultation shall begin immediately after one party has delivered to the others written request for such consultation. If within thirty (30) Business Days of the date on which such notice is given the dispute cannot be resolved, the dispute, controversy or claim shall be submitted to arbitration in accordance with the provisions of clause 13.4.
13.4 The Dispute shall be referred to one (1) arbitrator with the parties mutually appointing one (1) arbitrator. If the parties fail to mutually appoint the arbitrator within thirty (30) days after the date the dispute is referred to arbitration, the arbitrator shall, at the request of either party, be appointed by the Chairman of the Kenya Branch of the Chartered Institute of Arbitrators of the United Kingdom.
13.5 The arbitration proceedings shall be held in Nairobi, Kenya and the language of the arbitration shall be in English. Except as stated herein, arbitration proceedings shall be conducted in accordance with the provisions of the Arbitration Act, 1995 as amended by the Arbitration (Amendment) Act, 2009. The decision of the arbitrator shall be final and binding on the parties. The fees and expenses of the arbitrator shall be borne by the losing party and in the event that this is impracticable, fees and expenses shall be borne in such manner as may be determined by the arbitrator.
13.6 Notwithstanding the foregoing, a party is entitled to seek preliminary injunctive relief or interim or conservatory measures from a court of competent jurisdiction pending the final award.

14. PRIVACY POLICY

14.1 Access to the Software and use of the Services offered on the Software by the Software Provider is subject to the Privacy Policy. By accessing the Software and by continuing to use the Services offered, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have consented to our use and disclosure of your personal information in the manner prescribed in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately discontinue your access to the Software and your use of the Services.

Last updated: 01 May 2024

Version 1.0