Please read these terms carefully

 

CarePay provides you with a Marketplace where you can search, compare and buy healthcare products, such as insurance policies and other cover for healthcare services. These Marketplace services (the “Services”) are offered by CarePay through our mobile platform M-TIBA (the “Platform”). The sale of any insurance product is facilitated through CarePay’s subsidiary M-TIBA Agencies, an insurance agent licensed by the Insurance Regulatory Authority.

By clicking/checking the “I accept” button/box, accessing the Platform or by utilizing our Services you acknowledge that you have read and understood and agree to be bound by these Terms. The Services are not available to persons who are not legally eligible to be bound by these Terms, such as minors.

Your use of the Services is governed by and conditioned upon your compliance and acceptance of these Terms.

  1. Definitions
    • 1.1.1 Account: an online personal environment on the Platform which you can access by entering your telephone number and password/pin.
    • 1.1.2 CarePay: Carepay Limited, a private limited company incorporated under Kenyan law, with P.O. Box 52887-00100, at 114 Manyani East Road Off James Gichuru Road, Nairobi, Kenya, with company registration number CPR/2014/149158. CarePay is also referred to as “we”.
    • 1.1.3 Healthcare Products: insurance policies and other cover for healthcare services offered by Partners on the Marketplace.
    • 1.1.4 Offer: an offer made by a Partner, consisting of Healthcare Products, published on the Marketplace.
    • 1.1.5 Product Terms & Conditions: the terms & conditions of the Offer provided by Partner.
    • 1.1.6 Marketplace: the online marketplace operated by CarePay on which Healthcare Products of Partners are offered and sold to Users.
    • 1.1.7 M-TIBA Agencies: CSL Services Limited, a private limited company incorporated under Kenya law, with P.O. Box 52887-00100, at 114 Manyani East Road Off James Gichuru Road, Nairobi, Kenya, carrying on business under the business name of M-TIBA Agencies, an insurance agent registered with the Insurance Regulatory Authority, with company registration number BN-Q6C7KJZD. M-TIBA Agencies is a subsidiary of CarePay.
    • 1.1.8 Partner: a party that uses the Marketplace to offer and sell its Healthcare Products on the basis of the M-TIBA Marketplace Sales Terms for Partners concluded between CarePay and such party.
    • 1.1.9 Platform: the mobile platform M-TIBA.
    • 1.1.10 (Our) Services: services rendered by CarePay (whether itself or through M-TIBA Agencies) to Users regarding the Marketplace.
    • 1.1.11 User: an individual private person or legal entity, making use of the Services. Users are also referred to as “you”.
    • 1.1.12 Other definitions – recognizable by use of a capital letter at the beginning – may also be explained in-text in the below.
  2. The Marketplace
    • 2.1 CarePay places Offers of Partners on the Marketplace on behalf of Partners. You may use the Marketplace to find a suitable Offer.
    • 2.2 Every Offer offered on the Marketplace is accompanied by Product Terms & Conditions and a description of the Offer, for which the Partner providing the Offer is responsible. You acknowledge that the Product Terms & Conditions and the description of the Offer may contain restrictions on the Offer, for example, but not limited to, territorial restrictions, benefit limits and exclusions. You are yourself responsible for assessing and understanding the information on and suitability of the Healthcare Products on the Marketplace and the restrictions and risks involved.
  3. Account
    • 3.1 You may be required to create an Account to register for and/or use certain Services. You can create an account by providing your telephone number and choosing a password. You are entirely responsible for maintaining the security of your password. Your telephone number and chosen password, together, form the Login Credentials. Any other services delivered to you via the Platform are subject to the M-TIBA Terms of Service.
    • 3.2 You may not allow use of your Account by any third party nor others that do not have the authority to represent you. You guarantee that any third party that uses your Account is authorized to represent you. You are fully responsible for non-disclosure of your Login Credentials and the use of your Account.
    • 3.3 You may only create 1 (one) Account on the Platform. If, for whatsoever reason, your Account is blocked or deleted, you are no longer entitled to use the Platform.
    • 3.4 You agree to only provide correct and complete information when creating an Account on the Marketplace. You are responsible for the accuracy of the data in your Account (including KYC Information as defined below) and CarePay cannot be held liable in this respect.
    • 3.5 In case CarePay receives notice-and-take-down requests, CarePay is entitled to suspend, block or delete your Account, for example in the case of violation of one or more of the applicable terms, fraud, disruption of a proper functioning of the Marketplace. CarePay furthermore has the right to refuse or to block an Account if the Account is linked to (an account number which is linked to) an Account or User that is already blocked. You are not entitled to any compensation by CarePay in connection with the suspension, blocking or deletion of the Account by CarePay and you hereby waive any right to any compensation of damages.
  4. KYC Information
    • 4.1 To be able to accept an Offer, you may be required to provide certain information about yourself (“KYC Information”) to enable the Partner providing the Offer to meet its requirements based on “know your customer” laws and regulations, which may include full name, date of birth, gender and national identification number. You agree that CarePay may link such information to your Account and that any such information shall be accurate, complete and up-to-date and that. CarePay cannot be held liable in this respect.
    • 4.2 We will promptly process your acceptance of an Offer. After your acceptance of the Offer, your KYC Information will be shared by CarePay with the Partner, or in case of insurance Healthcare Products with M-TIBA Agencies and subsequently by M-TIBA Agencies with the Partner. Your acceptance of an Offer may be subject to further review of your KYC Information by the Partner making the Offer, in which case we will inform you once Partner has decided and subsequently enable your payment of the Offer if the Partner confirmed your acceptance. If your acceptance is not subject to further review of your KYC Information by the Partner, we will enable your payment of the Offer upon your acceptance.

 

  1. Healthcare Contract
    • 5.1 When you accept and pay an Offer, a Healthcare Contract is established between you and the Partner (the “Healthcare Contract”) to which the Product Terms & Conditions, including any amendment or supplement thereto, apply. The sale of any insurance Healthcare Product will be facilitated through M-TIBA Agencies, who is a licensed insurance agent. CarePay and/or M-TIBA Agencies will not be party to the Healthcare Contract, do not provide advice on the Healthcare Products, nor have any other responsibility in relation to the Healthcare Contract or the Healthcare Product. CarePay and M-TIBA Agencies only offer the Marketplace and facilitate the contact and payment between Partner and User.
    • 5.2 The Healthcare Contract covers the buying and selling of the Offer, the terms pursuant to which the Partner makes available the Healthcare Product to you (as set out in the Product Terms & Conditions) and likewise the so-called After Sales by the Partner. After Sales concerns all contact between you and the Partner related to the arrangement of any further details to the (execution of the) Healthcare Contract. After Sales are for the account and risk of Partner.
    • 5.3 You acknowledge that CarePay and M-TIBA Agencies are not liable in any way whatsoever for fulfilment of any agreements, including but not limited to the Healthcare Contract, between you and the Partner and the content of the Offer, unless otherwise required by law. You and the Partner are responsible for concluding the Healthcare Contract and any accompanying risks.
    • 5.4 If you have any dispute with a Partner, you acknowledge that you can solely seek redress from the Partner concerned.
    • 5.5 You are obliged to execute the Healthcare Contract together with the Partner in accordance with applicable legislation and regulations and these Terms.
  2. Payment
    • 6.1 The amounts owed by you based on the Healthcare Contract must be paid via the Marketplace in order to establish the Healthcare Contract. We make use of a licensed third-party payment processor and the terms of service of such processor apply to the payment transaction. Any related fee of such third party may be charged to you.
    • 6.2 In certain circumstances, including without limitation when fraud is suspected or the transaction amount is not authorized, any financial institution or processor involved in the payment transaction may refuse or suspend a User Payment. As such, the conclusion of a Healthcare Contract may be delayed or fail. You will be notified of such delay or failure.
    • 6.3 You are obliged to immediately report inaccuracies in the payment details provided to CarePay.
  3. Cancellation
    A cancellation and/or termination of any Healthcare Contract, should be agreed with Partner in writin You must contact Partner directly to receive a refund. Any refunds for cancelled and/or terminated Healthcare Contracts, where available, will be made to you by the Partner in accordance with the Partner’s refund terms and applicable laws. As such, CarePay shall not be obliged to reimburse nor liable to pay any amount to User due to a Healthcare Contract that is cancelled and/or terminated.
  4. Use of the Services and User content
    • 8.1 You agree that you shall not use the Services in a manner that violates these Terms or any applicable laws and regulations.
    • 8.2 You shall not engage in any activity or use the Services or Platform in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or CarePay security systems.
    • 8.3 In the event CarePay notices that you use the Services in violation of these Terms, CarePay shall be entitled to (temporarily) suspend or block your Account at any time and delete all information related to it, at its discretion without prior notice.
    • 8.4 You agree that you are solely responsible for any content (User Content) sent, displayed or uploaded by you in using the Services. Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically and your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions.
    • 8.5 CarePay makes use of automatic filters to detect unlawful or fraudulent content. Other than that, CarePay does not monitor or edit the User Content that Users actively upload on the Marketplace.
    • 8.6 In case of any unauthorized use of your Login Credentials or any other breach of security related to your Account, or if you are of the opinion that Offers, other Accounts or any other content on the Marketplace is unlawful or fraudulent, you shall immediately inform us by sending an email to customercare@mtiba.co.ke.
    • 8.7 After receipt of a notice-and-take down request, CarePay reserves the right to investigate and take appropriate action against any person or company that is suspected of fraudulent or unlawful actions. In this respect CarePay may inter alia report you to law enforcement authorities.
  5. Intellectual property
    • 9.1 CarePay is the exclusive owner of all current and future, worldwide, intellectual property rights, such as, but not limited to patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, know-how, URL’s and web addresses, ownership rights and processes, databases, data collections and any rights therein in relation to the Services (and the underlying source and object code and the accompanying technical documentation) (the Intellectual Property Rights).
    • 9.2 CarePay grants its Users a non-transferrable, non-exclusive, non-sublicensable and revocable license intended for fair use of the Services.
    • 9.3 The Services may be used for personal non-commercial consumer purposes only. You will not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any other purpose unless you have been specifically permitted to do so under a separate agreement with CarePay.
    • 9.4 You may not frame or utilize framing techniques to enclose any CarePay Intellectual Property Rights without express written consent. You may not use any meta tags or any other “hidden text” utilizing CarePay Intellectual Property Right without CarePay express written consent.

 

  1. Injunctive relief.                                                                                                                                           You acknowledge that any use of the Services contrary to these Terms, including any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to CarePay, its affiliates (including without limitation M-TIBA Agencies), suppliers and any other party authorized by CarePay to resell, distribute, or promote the Services (these parties will collectively be referred to as CarePay’s Providers). In such case CarePay and CarePay’s Providers will be entitled to a fair compensation from User, including, but not limited to, specific performance and preliminary and permanent injunctive or other equitable relief from any court of competent jurisdiction and attorney fees.

 

  1. Availability and maintenance; disclaimer warranties
  • 11.1 The Services are available on handheld mobile devices running iOS and Android. Use of the Services requires one or more compatible devices, internet access and certain software, and may require obtaining updates or upgrades from time to time. High speed internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
  • 11.2 CarePay will make reasonable efforts to make the Services available at all times. However, you acknowledge that the Services are provided over the internet and mobile networks and thus the quality and availability of the Services may be affected by factors outside the reasonable control of CarePay.
  • 11.3 CarePay may at its sole discretion, discontinue the Services and terminate these Terms, or update, modify or adapt (the features of) the Services from time to time without prior notice. This may result in any downtime for which CarePay is not responsible.
  • 11.4 You may discontinue use of the Services and terminate your Account at any time by contacting customercare@mtiba.co.ke, provided that where your Account is also used in relation to a Partner program such termination can only occur once such program terminates with respect to you or with the consent of the Partner.
  • 11.5 After discontinuation of the Services, these Terms will continue to apply fully with respect to your use of the Services as well as Offers accepted and Healthcare Contracts concluded via the Marketplace prior to discontinuation.
  • 11.6 CarePay and CarePay’s Providers do not accept any responsibility whatsoever for unavailability of the Services, or any difficulty or inability to download or access content, or any other communication system failure which may result in the Services being unavailable.
  • 11.7 To the maximum extent permitted by applicable law, CarePay hereby disclaims all (implied) warranties regarding (the availability of) the Services or Healthcare Products. The Services are provided “as is” and “as available” without warranty of any kind.
  • 11.8 CarePay and CarePay’s Providers make no warranty or representation regarding the results that may be obtained from the use of the Services, regarding the accuracy or reliability of (any information obtained through) the Services or that the Services will meet any User’s requirement, or be uninterrupted, timely, secure or error free. As such User agrees that it must independently evaluate and bear all risks associated with the use of the Marketplace.

 

  1. Privacy                                                                                                                                                          CarePay respects your privacy. Regarding the processing of your personal data, CarePay shall comply with the Kenyan Data Protection Act and other applicable privacy legislation and regulations concerning the protection of personal data. We are committed to keeping your personal data, including without limitation your payment details, secure in accordance with such legislation and regulations. You can find more information about the processing of your personal data by CarePay on the Marketplace in our Marketplace Privacy Statement.
  2. Limitation of liability and indemnification
    • 13.1 CarePay is not liable for damages resulting from your use of our Services. This includes (but is not limited to) loss of profits, business, data or information or for any remote, incidental, indirect, special of consequential damages.
    • 13.2 CarePay is not liable for damage of User that occurs due to the fact CarePay assumed incorrect or incomplete information provided by User to be correct or complete in the execution of the Terms.
    • 13.3 If CarePay is liable, for any reason, the aggregate liability will be limited to the higher of (a) the total amount paid to us by Partners in connection with Healthcare Contracts concluded by you in the preceding year or (b) an amount of KES 500 (five hundred Kenyan Shillings).
    • 13.4 Nothing in these Terms will exclude or limit the liability of CarePay to the extent this cannot be excluded or limited under the applicable law, such as in the case of willful misconduct by CarePay.
    • 13.5 CarePay is not in any event liable for:
      • 13.5.1 the actions or inactions of other Users, any Partner, payment processor or any other third party;
      • 13.5.2 the situation where the device of User is stolen and any third party subsequently makes use of the account of User;
      • 13.5.3 failure to meet any of CarePay’s obligations under these Terms where such failure is due to events beyond CarePay’s control (for example a network failure);
      • 13.5.4 any damage or alteration to the equipment of User including, but not limited to, computer equipment and devices as a result of the use of the Services.
    • 13.6 You agree to indemnify, defend and hold harmless CarePay from any and all third-party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of the Services, your violation of these Terms or the infringement or violation by you or any other user of your Account, of any intellectual property or other right of any person or entity.
    • 13.7 Any limitation or exclusion of CarePay’s liability and any warranty or indemnification given by you in these Terms also apply to CarePay’s employees, CarePay’s Providers and their employees.

 

  1. Miscellaneous
    • 14.1 User warrants that it is least eighteen (18) years of age and has the authority to enter into these Terms and that these Terms constitute a legal, valid and binding obligation to it and that it has obtained all consents and approvals it needs to enter into and execute these Terms.
    • 14.2 Failure by CarePay to exercise any of its rights under, or to enforce any provision of, these Terms will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision.
    • 14.3 User cannot assign or transfer its rights and obligations under these Terms. Any such transfer or assignment will be void. CarePay can assign and/or transfer all rights and obligations under the Agreement to a third party, without consent from User being required.
    • 14.4 If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of these Terms will remain in full force and effect.
    • 14.5 These Terms embody the entire understanding and agreement between CarePay and User respecting the subject matter of these Terms and supersedes any and all prior understandings and agreements between the Parties respecting such subject matter.
    • 14.6 CarePay reserves the right to change these Terms. CarePay will exercise commercially reasonable business efforts to provide notice to you of any material changes to these Terms. Within five (5) business days of posting changes to these Terms, they will be binding on you. If you do not agree with the changes, you should discontinue using the Services. If you continue using the Services after such five-business-day period, you will be deemed to have accepted the changes to these Terms.
    • 14.7 In order to participate in certain Services, you may be notified that you are required to download software and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into these Terms.
    • 14.8 All notices or other correspondence to CarePay under these Terms must be provided to customercare@mtiba.co.ke. For any questions you may have, you can also email this address or call 0800721253 / +254709071000. We will respond to your questions without undue delay.

 

  1. Applicable law and jurisdiction
    • 15.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.
    • 15.2 The Parties shall endeavor to amicably settle all disputes arising out of or in connection with these Terms. Unless mandatory law compels differently, all disputes resulting from or arising in connection with these Terms shall be exclusively submitted to the competent court of in Nairobi, Kenya, subject to clause 10.

 

CarePay Limited / M-TIBA Agencies

P.O. Box 52887-00100, 114 Manyani East Road Off James Gichuru Road, Nairobi, Kenya

T: 0800721253 / +254709071000

E: customercare@mtiba.co.ke

Registration number: CPR/2014/149158 (CarePay) /  BN-Q6C7KJZD (M-TIBA Agencies)