Terms & conditions
General Terms and Conditions.
This agreement contains the complete terms and conditions related to your use of mTek Services Application provided to you by Hillcroft Technologies of P.O Box 57671-00100 Nairobi- (“HT”) and its affiliates and supersedes all other agreements entered into between you and HT. The Application includes all software, computer code, data and components of mTek services App provided by Hillcroft Technologies. These terms and conditions take effect on the date of publication. By participating in or continuing to use the mTek services App or accessing the mTek services website you shall be deemed to be making an affirmative statement of your acceptance of these terms and conditions.
Definitions.
For purposes of this Agreement;
“Account” means your mTek services account being the record maintained by us on the Application.
“Affiliates” means any corporation or other entity that HT directly or indirectly through one or more intermediaries’ controls or is controlled by or is under common control with a party.
“Currency” means any lawful form of money that is used in territories/countries where the Application is used.
“Data Charges” means data costs incurred by you and deducted by your mobile service provider.
“End User” means any person using HT services on the application.
“mTek services App”, “mTek services Application”, “App” means the application operated by HT providing insurance services and the mTek services website.
“mTek services products and services” means any products and services provided to you by HT whether under this agreement or otherwise.
“Contact/Information Form” means the registration form containing registration details and your acceptance of these terms and conditions where one reports their claims or gives feedback.
“You” or “your” means the mTek services customer operating an account and who has registered on the Application.
License.
Provided You comply with this Agreement, HT grants You a revocable, limited, non-transferrable, non-exclusive license to use the Application on any Phone or Tablet (Android or iPhone) that You own or control and as permitted by Usage Rules set forth in different Play Store Terms and Conditions as per the phone you are using.
Age requirement.
This Application is available to users of all ages. However, if You are under the age of 18, You should review this Agreement with Your parent or guardian to make sure that You or Your parent or guardian understand the terms and conditions contained in this Agreement.
Disclaimer Warranty.
This Application is licensed “as-is,” “with all faults,” and “as available.” You bear the risk of using the Application. HT, on behalf of itself, distributors of the Application, its licensors, network operators over whose network the Application is distributed, and each of their respective affiliates and suppliers, gives no express or implied warranties, guarantees, or conditions under or in relation to the Application, including, but not limited to, warranties of merchantability and fitness for a particular purpose. HT does not warrant that the functionality or operation of the Application will be uninterrupted or free from error, that any defects in the Application will be corrected, or that the Application or the server(s) that makes it available are free of viruses or other harmful conditions or components.
Information; Data Usage; Claims.
All information submitted by You or collected through this Application is the property of HT. This includes, but is not limited to, pictures and messages, information about Your device (for example, the device identifier, the advertising identifier, and the make and model) and its state, device application permissions, and vehicle and estimate information. HT may associate such information with your personal information that we collect or otherwise obtain in order to optimize Our online and mobile advertising programs. HT may also collect and store, or direct a third party to collect and store, information about the physical location of Your device by using, for example, wireless network, cell phone tower, and satellite signals. Such location information is approximate (based on factors such as obstructions, beacon orientation, and environmental surroundings) and may be combined with other information submitted by You or collected through the Application. This information may be used by HT and third parties to identify Your geographical location, to improve the Application, and to provide You with location-based content, including advertising for products and services. HT may use information You submit as part of any claim investigation or for any other insurance related or otherwise permissible purpose. Submission of information via this Application does not mean Your claim will be paid. Payment of Your claim is subject to all policy terms and conditions in addition to any applicable laws and regulations of Kenya.
Links to other Web Sites.
This Application or website may contain links to other web sites. HT provides links to other sites as a convenience to persons who use the Application. HT is not responsible for examining or evaluating the content or accuracy of any such third-party material or web site. HT does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. If You choose to use the services provided by those sites, you may be asked by those sites to provide certain personally identifiable information (some of which may, on an individual or aggregated basis, be shared with HT). Please be aware that HT is not responsible for the privacy practices of those sites, even though HT’s name or logo may appear on those sites. We encourage You to be aware when You leave Our Application. You should read the privacy policies of each web site that You visit, as the privacy policies of those sites may differ from Ours.
Limitation of Liability.
To the extent permitted by law, HT and its licensors disclaim liability, whether based in contract, tort, negligence, strict liability or otherwise, for damages of any kind (including, but not limited to, direct, indirect, incidental, consequential, special, punitive and exemplary damages) in any way arising out of or in connection with the Application, service interruptions, delays in operation or transmission, or third-party access to personal information input in or collected through the Application, even if HT and its licensors have express knowledge of the possibility of such damages. HT and its licensors have no responsibility, and will in no way be held liable, for the security of the End User’s mobile device. You agree not to seek to recover any damages, including consequential, lost profits, special, indirect or incidental damages from Monarch, its licensors, or any distributor of the Application.
Support Services.
The Application is provided “as is.” Neither HT, its suppliers, distributors of the Application, Your device manufacturer, nor Your network operator are responsible for providing maintenance or support services for the Application.
DISPUTE RESOLUTION & GOVERNING LAW.
This Application is controlled, operated and intended for use only in the Republic of Kenya. We do not represent that materials in this Application are appropriate or made available for use outside of the Republic of Kenya.
(i) This Agreement shall be governed by and interpreted according to the law of the Republic of Kenya.
(ii) You may contact mTek services customer care (+254 (0) 800 720 137) or email ([email protected] ) any disputes, claims or to report account discrepancies. mTek services customer care shall handle the report in accordance with HT’s standard complaint handling procedures.
(iii) Any dispute arising out of or in connection with this agreement that is not resolved by the operations manager shall be referred to arbitration by a single arbitrator appointed jointly by both parties or in default of such agreement within 90 days of the notification of a dispute, upon the application of either party, by the Chairman for the time being of the Chartered Institute of Arbitration (Kenya Chapter).Such Arbitration shall be conducted in English in Nairobi in accordance with the rules of Arbitration of the said Institute and subject to and in accordance with provisions of the Arbitration Act 1995 as modified and revised or any succeeding statute.
(iv) To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto.
(v) Nothing in this section shall be deemed to exclude any legally recognized dispute resolution body from receiving, hearing and determining the dispute.
Severability.
If any provision of this Agreement is held invalid, void or unenforceable, then that provision is considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect. HT’s failure to enforce any right or provision in this Agreement will not constitute a waiver of such provision, or any other provision in this Agreement.
Force Majure
Neither party shall be reliable to the other party for any delay or failure to perform its obligations under these terms and conditions as a result of revolution or civil disorders, belligerent aggression by enemy strikes; lack of available resources from persons other than parties to this agreement; Labour disputes, electrical equipment or application availability delay or failure; fires; floods; acts of God; government or regulatory intervention; or without limiting the foregoing; any other causes not within its control, and which by the exercise of reasonable diligence it is unable to prevent, whether of the class of causes hereinbefore enumerated or not. If such delay or failure continues for at least 90 days then either party may terminate their engagement by notice in writing to the other.
GENERAL.
(i) You acknowledge that these terms and conditions are subject to amendment, modification or variation from time to time if required by, or found to be in conflict with applicable law or regulation or otherwise without affecting the validity or enforceability of the remaining provisions.
(ii) These terms and conditions constitute the entire agreement between the parties with respect to the subject matter hereof.
(iii) mTek services reserves the right, in its discretion, to modify or change this Agreement at any time without prior notice to You. Your continued use of the Application following the posting of any changes to the Agreement constitutes acceptance of those changes. You may incur data charges when using this Application.
(iv) This agreement does not change or amend in any way the Usage Rules set forth in the App Store Terms and Conditions.
(v) If you access any internet-based services via links in the application or website, your use of those services will be subject to both this agreement and any separately provided terms of use and privacy statement on such web site.
MISCELLANEOUS.
You agree to comply with all local, state, and national laws, statutes, ordinances, and regulations that apply to Your use of the Application.
