General

This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms”).

These Terms are between you, whether personally or on behalf of an entity (“you”) and APA Insurance (Uganda) Limited headquartered in Nakasero, Kampala, Uganda and located at 5th Floor AHA Towers, 7 Lourdel Road (“APA”, “we,” “us” or “our”), concerning your access to and use of our services.

Please read these Terms carefully before you click the “I accept the Terms” button.

Binding Terms

Your access and use of the Application constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and APA. These Terms expressly supersede prior agreements or arrangements with you.

This agreement sets out your rights and responsibilities when you use apainsurance.org, our mobile apps, and the other services provided by APA (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you do not agree to these Terms, you may not access or use the services.

APA may amend these Terms from time to time. Amendments will be effective upon APA posting of such updated Terms at this location or the amended policies or supplemental terms. Your continued access or use of the services after such posting constitutes your consent to be bound by the Terms, as amended. You are responsible for reviewing and becoming familiar with any changes.

Other Documents Mentioned

Our Services connect people both online and offline, to various Insurance and Investment products and services. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:

Our House Rules for Everyone. If you use any of our Services, you agree to these Terms, and our Privacy Policy and our Cookies Policy.

Our House Rules for Agents. If you are an Agent, these Terms of Use apply to you in conjunction with Agent Privacy Policy. You can read them here.

Our House Rules for Clients. If you use our Services to browse or shop, these Terms, Cookies Policy and Client Privacy Policy apply to you. You can read the client privacy policy here.

Our House Rules for Third Parties. These policies apply to intellectual property owners, APA API users, affiliates, and anyone requesting information from us.

All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Of course, you’ll still want to read the rest of this document because it applies to everyone!

User Accounts

You may need to create an account with us to use some of our Services. Here are a few rules about accounts with us: By clicking the Sign Up button located on the sign up application, you represent and warrant that:

• a) you are above the age of eighteen (18) years;
  b) you shall not install or use the Application on a jail-broken or rooted device;
  c) all the information you have presented to us is accurate, correct and complete;
  d) It is prohibited to use false information or impersonate another person or company through your account.
  e) You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
  f) Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
  g) you will keep your account accurate and profile information updated at all times;
  h) you will not authorize other persons to use your account nor transfer or assign it to any other person;
  i) you will not use the Application for unauthorized or unlawful purposes and impair the proper operation of the Application;
  j) you will not remove any copyright, trademark or other proprietary notices from any portion of the Application;
  k) you will not reproduce, modify, distribute, license, sell, transfer, transmit, or otherwise exploit the Application except as expressly permitted by APA;
  l) you will not decompile, reverse engineer or disassemble the Application except as may be permitted by applicable law;
  m) you will not transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations of the Application; or
  n) you will not attempt to gain unauthorized access to or impair any aspect of the Application or its related systems or networks.
  o) These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and APA.

We however reserve the right to limit the use of the Services and/or terminate or suspend abusive user’s accounts.

Services

The Services constitute interactive technology platforms that enables users to access our services in a fast and convenient way.
The following actions and services can be performed by you when you “Log In” into the Application:

• a) register to become an APA customer;
  b) register to become an APA Agent;
  c) chat with us;
  d) view existing policies with APA;
  e) get quotations;
  f) purchase an insurance policy;
  g) renew existing policy, add a new risk to the policy, change the policy plan or instruct us to effect changes br in your customer policy;
  h) make payments through the Application (including premiums, excess);
  i) submit a claim in the event of a loss;
  j) get notifications on all updates regarding your policies and claims; and
  k) any other actions and services that may be added to the Application by APA from time to time, (with the services referred to in (a) to (j) above collectively being referred to as the “Services”).

Licence

Subject to your compliance with these Terms, APA grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to:

• a) access and use the ‘Services’ on your personal device solely in connection with accessing the Services;
  b) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use.

Any rights not expressly granted herein are reserved by APA and APA’s licensors.

Who can use our Services?

Our Services are accessible to:

• a. users who are at least 18 years’ old; and
  b. the general public within the republic of Uganda.

We however reserve the right to right to limit use and/or terminate or suspend abusive users’ accounts.

Third Party Services and Content

The Services may be made available or accessed in connection with third party services such as Google Inc., and content (including advertising) that APA does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content.

APA does not endorse such third party services and content and in no event shall APA be responsible or liable for any products or services of such third party providers. These third party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Application in any manner. Your access to the Application using these devices owned by third parties is subject to terms set forth in the applicable third party beneficiary’s terms of service.

You acknowledge that you shall be responsible for any charges or fees payable to third party arrangements.

Ownership

The Services and all rights therein are and shall remain APA’s property or the property of APA’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:

• a) in or related to the Services except for the limited license granted above; or
  b) to use or reference in any manner APA’s company names, logos, product and service names, trademarks or services marks or those of APA’s licensors.

We however reserve the right to right to limit use and/or terminate or suspend abusive users’ accounts.

Warranties

We are dedicated to making our services the best they can be, but we are not perfect and sometimes things can go wrong. Understand that our services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

We do not guarantee that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the services will be free of viruses or other harmful materials; or (iv) the results of using the services will meet your expectations. Use of the services is solely at your own risk.

Liability Limits

To the fullest extent permitted by law, neither we, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the services or these terms. In no event shall we aggregate liability for any damages exceeding the amount you paid us in the past twelve months.

Term and Termination

The Terms specified herein shall enter into force as of the date of submitting the Sign Up application.

APA may be entitled to immediately terminate these Terms and block your access to the Services without giving any advance notice in case you breach these Terms, any applicable laws or regulations, disparage APA, or cause harm to APA's brand, reputation or business as determined by APA in our sole discretion. In the aforementioned cases we may, at our own discretion, prohibit you from registering a new account.

Contacting you

We may contact you by email, text or other messages on the Application, or by telephone or post to update you on any changes regarding the Application or our policy.

We may send marketing messages. If you don’t wish to receive them, you may inform us at any time by contacting us on our normal contact details below:

• a. Email address: privacy@APA.co.ke
  b. Telephone Number: +256 200 907 003

We may still sometimes send communications by post, for example, notices about a breach of your agreement.
This may be instead of, or in addition to, communications by electronic means. It is important that you keep us updated with any changes to your contact details

Personal Information and Marketing

• a. We will use your personal information to manage your membership, for sales and marketing analysis and to personalise your marketing experience (where appropriate). To find out more about how we use your personal information, please see our Privacy Policy here
  
  b. If you have opted-in to receiving marketing messaging from us, we will contact you from time to time to send you marketing communications and keep you up-to-date with our products, promotions and special offers and with general information concerning our Services. You may unsubscribe from receiving such marketing communications at any time by clicking on the “unsubscribe” link found on any marketing emails from us, logging into your account online or by contacting Customer Care with your request.
  
  c. If you have not opted-in to receive marketing from us, we will only contact you with service information in relation to your account.

Third Party Software

As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall we be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.

Assignment

We may assign or transfer our rights under these Terms to another entity (but APA will always notify you in writing by posting on this on the Application). You shall not transfer or assign your rights or your obligations under these Terms to another person.

Governing Laws

Except as otherwise set forth in these Terms, these Terms shall exclusively be construed in accordance with the laws of Uganda.

Dispute Resolution

The parties will attempt in good faith to negotiate a settlement to any dispute or differences between them arising out of or in connection with this Terms within twenty (20) business days of either party notifying the other of the dispute or differences. Nothing in this dispute resolution procedure will prevent the disputing parties from seeking from any court of competent jurisdiction an interim order restraining the other party from doing any act or compelling the other party to do any act. If the dispute cannot be resolved by the disputing parties, the dispute shall be referred to and finally determined by arbitration in accordance with the Uganda Arbitration and reconciliation Act, 2000 and the Rules of Centre for Arbitration & Dispute Resolution, which Rules are deemed to be incorporated in this Agreement. The arbitration shall take place in Kampala, Uganda at such venue as the disputing parties shall agree. The arbitration proceedings shall be conducted by one arbitrator appointed by the disputing parties failing which by the Chairman for the time being of the of Centre for Arbitration & Dispute Resolution, Uganda on the application of a disputing party. The language of the arbitration shall be English.

The dispute may be referred by either party to the of Centre for Arbitration & Dispute Resolution (“CADER”). The Parties agree to enter into mediation to settle a good faith dispute and will do so in accordance with “CADER’s mediation procedures. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by “CADER”. To initiate the mediation a party must give notice in writing to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CADER.

Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, both parties (you and APA) are each waiving the right to trial in court or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator.

The costs of the arbitration, including the arbitrator’s fee and court reporter’s fee, shall be equally split among the parties, unless the Arbitrator’s award specifies otherwise

Contact Us

If you have any questions, or you are unhappy with the service, we will appreciate your engagement and feedback. Kindly contact us on +256 200 907 003.