TERMS & CONDITIONS FOR THE USE OF HERITAGE PORTALS

INTRODUCTION

The following terms and conditions govern your use of this Portal. Your use of this Portal constitutes your acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should immediately cease use of this Portal.

By availing yourself to this facility it is construed that you have understood its contents and are in agreement with terms and conditions relating to the facility.

This Portal presents information and content that is owned or licensed by HERITAGE INSURANCE COMPANY KENYA LIMITED.  When used in these Terms and Conditions, "we" and "our" mean

HERITAGE INSURANCE COMPANY KENYA LIMITED and "you" and "your" refers to any individual, Company, or legal entity that accesses or otherwise uses this Portal.

These terms and conditions apply only to your use of this Portal, and they do not apply to your use of any products or services otherwise offered by HERITAGE INSURANCE COMPANY KENYA LIMITED. We may have established or will establish additional or different terms and conditions for certain products and services. In many instances, our products or services involve sophisticated financial instruments or investments that are regulated by governmental authorities. You agree to review all applicable terms and conditions relating to HERITAGE INSURANCE COMPANY KENYA LIMITED's products and services. In the event of any conflict between the terms and conditions on this Portal and such additional terms and conditions, the additional terms and conditions govern and control. Further, if you have a policy with HERITAGE INSURANCE COMPANY KENYA LIMITED, your customer relationship is also governed by your policy. In the event of any conflict between the terms and conditions on this Portal and such policy, your policy and account agreements govern and control.

DO NOT RELY ON THIS PORTAL FOR YOUR FINANCIAL DECISIONS

The Content on this Portal is for convenience and information purposes only. You should consult your financial and legal advisors, and independently verify all Content provided through this Portal before you make decisions. Nothing on this Portal constitutes an offer to sell or buy any product. Account information available on this Portal is not the official record of your account. Nothing on this Portal should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other information on this Portal is not a recommendation or opinion for you to buy or sell any product or participate in any transaction. You will not be able to make any claim using the information available in this Portal.

OWNERSHIP AND USE OF CONTENT

All of the information and content on this Portal, including, but not limited to, all text, analyses, reports, articles, graphics, software applications, video and audio files and photos, trademarks, service marks and trade dress ("Content") is owned or licensed by HERITAGE INSURANCE COMPANY

KENYA LIMITED. The Content is protected worldwide by applicable intellectual property laws. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark, and other proprietary notices. HERITAGE INSURANCE COMPANY KENYA LIMITED reserves the right to terminate at any time your right to make personal copies of Content. You may not copy, transmit, distribute, modify, publicly perform, reuse, sell or display any of the Content for any public or commercial purpose except with the prior written consent of HERITAGE INSURANCE COMPANY KENYA LIMITED or the owners of the materials, which they may issue in their sole discretion. You may not use the Content in any other Portal or in a network computer environment, including framing the Content within another Portal. Except for the limited use rights expressly provided in this paragraph, all rights in Content are reserved.

All other trademarks, service marks, trade names, logos and icons, registered or not, are the property of The HERITAGE INSURANCE COMPANY KENYA LIMITED or third parties which may be indicated. Other materials, including video, sound recordings and images, on this Portal are a copyright of or proprietary to HERITAGE INSURANCE COMPANY KENYA LIMITED or are used with the consent of the owner. Except when included in any authorized printouts of the Content, you are not authorized to make any other use of HERITAGE INSURANCE COMPANY KENYA LIMITED's marks, including, but not limited to, as meta-tags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by HERITAGE INSURANCE COMPANY KENYA LIMITED.

Any information, other than personal data or information, that you transmit, post, upload, input or submit to HERITAGE INSURANCE COMPANY KENYA LIMITED via this Portal, by electronic mail or otherwise, including data, questions, comments, or suggestions (individually or collectively a “Submission”), will be treated as non-confidential and non-proprietary information and will become the property of HERITAGE INSURANCE COMPANY KENYA  LIMITED. Such Submission may be used by or on behalf of HERITAGE INSURANCE COMPANY KENYA LIMITED free of charge for any purpose, including without limitation to copy, reproduce, publicly display, disclose, transmit, publish, broadcast post, edit, translate and reformat, and HERITAGE INSURANCE COMPANY KENYA LIMITED shall have the right to publish your name in connection with your Submission. HERITAGE INSURANCE COMPANY KENYA LIMITED shall be allowed to use any ideas, concepts, know-how, techniques or proprietary information contained in any Submission free of charge for any purpose, including without limitation to develop or market products or services using or containing such Submission. In addition, HERITAGE INSURANCE COMPANY KENYA LIMITED shall have the right to assign or license such Submission or proprietary rights in such Submission to any third party without your consent and free of charge.

HERITAGE INSURANCE COMPANY KENYA LIMITED shall not be under any obligation to post, disclose, publish or in any way use any Submission, and may remove any Submission in it sole and absolute discretion.

By transmitting, posting, uploading, inputting or submitting a Submission, you warrant and represent that you own or have been granted all rights necessary to transmit, post, upload, input or submit your Submission and to allow for the assignment to and usage by HERITAGE INSURANCE COMPANY KENYA LIMITED as set forth in these Terms.

You hereby waive all applicable rights you may have in any Submission for the purposes set out in these Terms.

HERITAGE INSURANCE COMPANY KENYA LIMITED may disclose any information it possesses about you (including your name and contact details) if HERITAGE INSURANCE COMPANY KENYA LIMITED determines that such disclosure is necessary or useful in relation with any investigation or complaint regarding your use of the Portal, or to identify, contact or bring legal action against anyone who may be damaging or interfering with (whether intentionally or not) HERITAGE INSURANCE COMPANY LIMITED’s rights or property, or the rights or property of the Portal’s visitors or users, including HERITAGE INSURANCE COMPANY KENYA LIMITED’s customers or policyholders, or if HERITAGE INSURANCE COMPANY KENYA LIMITED determines that applicable laws require or authorize such disclosure. HERITAGE INSURANCE COMPANY KENYA LIMITED reserves the right at all times to disclose any information that it deems necessary or useful to comply with any applicable laws, regulations, legal processes or governmental or court requests.

RESTRICTIONS

This Portal is owned or licensed by HERITAGE INSURANCE COMPANY KENYA LIMITED, and operated by or on behalf of HERITAGE INSURANCE COMPANY KENYA LIMITED. Except as expressly permitted by HERITAGE INSURANCE COMPANY KENYA LIMITED in writing, no part of this Portal or the Portal Content may be copied, reproduced, republished, modified, stored in a retrieval system, used for creating derivative works, uploaded, posted, transmitted (by any form or by any means), distributed or used in any way for public or commercial purposes. You may use the Portal or the Portal Content solely for your personal use and only under the condition that you retain all copyright and other proprietary notices contained on the materials. Use of any part of the Portal or the Portal Content does not grant you any rights of ownership or any rights that are not expressly granted to you under these Terms or otherwise in writing by HERITAGE INSURANCE COMPANY KENYA LIMITED. HERITAGE INSURANCE COMPANY KENYA LIMITED neither warrants nor represents that your use of this Portal or any Portal Content will not infringe third party rights.

INTELLECTUAL PROPERTY

This Portal and the Portal Content, the “HERITAGE INSURANCE COMPANY KENYA LIMITED” trade mark and all other trademarks and service marks, whether they are figurative or not, as well as all trade names, brand names, business names, illustrations, images, logos which appear on or in relation to HERITAGE INSURANCE COMPANY KENYA LIMITED products or services, whether registered or not (the

"Trade Marks"), and all other intellectual property rights (including, without limitation, registered or unregistered designs, copyrights, trademarks, service marks, logos, trade dress, trade names, trade secrets, patents, inventions, know-how, and moral rights) in or related to this Portal, the Portal Content and HERITAGE INSURANCE COMPANY KENYA LIMITED’s products and services (the "Intellectual Property Rights") are and remain the exclusive property of HERITAGE INSURANCE COMPANY  KENYA LIMITED and/or its licensors and are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.

Other than as expressly set out in these Terms and except as permitted by applicable law, nothing contained on the Portal should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any part of the Portal Content, the Trade Marks or Intellectual Property Rights without HERITAGE INSURANCE COMPANY LIMITED’s express written consent. Except as provided herein, your use of the Portal Content, the Trade Marks or

Intellectual Property Rights is strictly prohibited.

To the extent that any software is made available or provided to you on this Portal, HERITAGE INSURANCE COMPANY KENYA LIMITED grants you a non-exclusive, limited and personal license to download and use the software for your own personal, non-commercial use only. No other rights to the software are granted. All rights including intellectual property rights in the software remain the exclusive property of HERITAGE INSURANCE COMPANY KENYA LIMITED or the relevant licensors or owners of the software and, except as permitted by law, you may not reverse engineer, decompile, modify or tamper with the software.

HYPERLINKS / LINKS.

Links from this site to a non-HERITAGE INSURANCE COMPANY KENYA LIMITED site may be provided for the user's convenience only. HERITAGE INSURANCE COMPANY KENYA LIMITED does not control or review these third-party sites nor does the provision of a link imply any endorsement of or association with such non-HERITAGE INSURANCE COMPANY KENYA LIMITED sites. Your linking to any Portal from this Portal is at your own risk. Subject to the terms of applicable service or other agreements, we will remove any link from this Portal upon request from the owner of the linked Portal.

Links to third party Portals

This Portal may link to third party Portals that are not under the control of or maintained by HERITAGE INSURANCE COMPANY KENYA LIMITED. HERITAGE INSURANCE COMPANY KENYA LIMITED is not responsible for the availability, content or accuracy of, or any updates or changes to any external Portals and does not make any warranty, express or implied, with respect to the use of any external links or Portals. The inclusion of any link to such Portals shall not constitute or imply any form of cooperation with, approval of or endorsement by HERITAGE INSURANCE COMPANY KENYA LIMITED of the Portals or their content. You acknowledge and agree that you use and access such hyperlinks and Portals at your own risk.

WARRANTY DISCLAIMER.

We strive to provide accurate and up-to-date material on this Portal. However, we make no warranties or representations as to the accuracy or timeliness of the Content. Your use of this Portal and content is at your own risk. Content may become inaccurate as a result of developments after its publication on this Portal. HERITAGE INSURANCE COMPANY KENYA LIMITED assumes no responsibility to keep Content current or to correct inaccuracies or errors in Content. The Content on this Portal and the operation of it are provided "as is" and for informational purposes only, and HERITAGE INSURANCE COMPANY KENYA LIMITED disclaims all representations or warranties of any kind, either express or implied, including warranties of merchantability, fitness for particular purpose, title, non-infringement, accuracy, completeness, and timeliness. Certain jurisdictions may not permit certain disclaimers of warranties. In such case, we disclaim warranties to the fullest extent permitted by the applicable law.

YOU’RE RESPONSIBILITY FOR SECURITY

HERITAGE INSURANCE COMPANY KENYA LIMITED does not warrant that the Portal will operate error free or is free from viruses, worms, Trojan horses, or other destructive or harmful code.

HERITAGE INSURANCE COMPANY KENYA LIMITED assumes no liability or responsibility for any damages to you, your computer, or other property due to your access to, use of, or downloading of Content. If you download or copy Content from this Portal, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing current virus protection software.

LIMITATION OF LIABILITY

In no event shall HERITAGE INSURANCE COMPANY KENYA LIMITED or any other party involved in creating, producing, or delivering this Portal or Content on HERITAGE INSURANCE COMPANY KENYA LIMITED's behalf be liable for any direct, incidental, special, consequential, indirect, lost profits, loss of business or data, or punitive damages arising out of your access to, or use of, or inability to access or use, this Portal or any Content, or the performance of any product on this Portal.

While HERITAGE INSURANCE COMPANY KENYA LIMITED uses reasonable efforts to include accurate and up to date information on its Portals, errors or omissions may occur. To the fullest extent permissible under applicable laws and regulations, under no circumstances including without limitation negligence, will HERITAGE INSURANCE COMPANY KENYA LIMITED or any party involved in creating, producing, or delivering the Portal or the Portal Content be liable for any special, indirect, incidental, consequential or punitive damages, losses, liabilities, costs, expenses

and/or consequences of any nature (including without limitation loss of data or profits), whether based on contract, negligence or tort, arising out of or in connection with the access to, use of, reliance on, or the inability to use the Portal Content or any content available on other Portals linked to this Portal, any system, server or connection failure, any interruption or delay in transmission, or any computer viruses, even if HERITAGE INSURANCE COMPANY

 KENYA LIMITED or any HERITAGE INSURANCE COMPANY KENYA LIMITED representative has been advised of the possibility of such damages, losses, liabilities, costs, expenses and/or consequences. To the fullest extent permissible under applicable law, in no event shall HERITAGE INSURANCE COMPANY KENYA LIMITED's total liability to you exceed the amount paid by you, if any, for accessing this Portal.

INDEMNITY

You agree to indemnify and hold harmless HERITAGE INSURANCE COMPANY KENYA LIMITED, its officers, directors, shareholders, successors, assigns, employees, agents, subsidiaries and affiliates, from any claims, losses, liabilities, damages, expenses and costs (including advocates’ fees and court costs) claimed by a third party and arising directly or indirectly out of or relating your use of the Portal.

CHANGES

HERITAGE INSURANCE COMPANY KENYA LIMITED reserves the right to change the Content on this Portal and these Terms and Conditions from time to time at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. You are bound by any such revisions and should therefore periodically visit HERITAGE INSURANCE COMPANY KENYA LIMITED’s Portal to review the most updated and current conditions to which you are bound, which can be found by clicking the hyperlink “Terms and Conditions” at the bottom of the HERITAGE INSURANCE COMPANY KENYA LIMITED Portal. Your continued use of this Portal constitutes your acceptance of any change or update, all of which shall become controlling when posted.

PRIVACY

 You may review HERITAGE INSURANCE COMPANY LIMITED's Portal Privacy Statement the bottom of the HERITAGE INSURANCE COMPANY KENYA LIMITED Portal.

GOVERNING LAW

These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the Kenya. The parties irrevocably submit to the courts of Kenya.

TERMINATION

HERITAGE INSURANCE COMPANY KENYA LIMITED reserves the right in its sole discretion to terminate or restrict your use of all or any part of the Portal, without notice, for any or no reason, and without liability, from us to you or anyone else. The Terms and Conditions relating to Ownership and Use of Content, Indemnification, Limitation of Liability, Warranty Disclaimer and Governing law shall survive any termination.

DISCLAIMER

To the fullest extent permissible pursuant to applicable laws and regulations:

  1. This Portal and all its content (including without limitation functions, text, data, materials, information, graphics, logos, icons, images, photographs, structure, arrangement, lay-out, “look and feel”, audio clips, sounds, music, videos, and software, and any combination thereof) (the “Portal Content”) are provided “as is” without warranties of any kind, whether express or implied. HERITAGE INSURANCE COMPANY KENYA LIMITED hereby disclaims any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, title and non-infringement of third party rights.
  2. HERITAGE INSURANCE COMPANY KENYA LIMITED does not warrant that the Portal or the Portal Content will be uninterrupted or error free, that defects will be corrected, or that the Portal, the Portal Content, or the server that makes it available are free of viruses, contamination, destructive features or other harmful components.
  3. HERITAGE INSURANCE COMPANY KENYA LIMITED hereby disclaims any and all liability for the acts and omissions of third party in connection with or related to the Portal, the Portal Content or HERITAGE INSURANCE COMPANY KENYA LIMITED’s products or services.
  4. HERITAGE INSURANCE COMPANY KENYA LIMITED does not warrant or make any representations in terms of suitability, comprehensiveness, accuracy, reliability, or otherwise regarding the Portal Content or its use or results. The Portal Content is not intended to be or contain a complete description of all terms, conditions or exclusions applicable to the products and/or services described or referred to on this Portal, but is provided solely for informational purposes. For details please refer to the specific terms and conditions provided in the relevant policies or agreements.

Your sole remedy against HERITAGE INSURANCE COMPANY KENYA LIMITED if you are dissatisfied with the Portal or the Portal Content is to stop using them. HERITAGE INSURANCE COMPANY KENYA LIMITED reserves the right to modify, suspend or terminate the Portal or any portion thereof, its operation, or the access to the Portal or any portion thereof, for any reason, at any time, and without notice.

SECURITY

At HERITAGE INSURANCE COMPANY KENYA LIMITED, we take our user's security and confidentiality very seriously. There is inherent risk in doing business with anyone over a public medium like the Internet. HERITAGE INSURANCE COMPANY KENYA LIMITED has implemented measures to reduce these risks. Physical, electronic, and managerial measures are in place to protect your data.

If you open or register for an online account, you must complete the registration process and provide up to date, comprehensive and accurate information as required in the applicable registration form. It is your responsibility to protect and maintain the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account and you must notify HERITAGE INSURANCE COMPANY KENYA LIMITED immediately of any unauthorized use of your account or any other breach of security. HERITAGE INSURANCE COMPANY KENYA LIMITED and its service providers will not be liable for any damages, losses, liabilities, costs, expenses and/or consequences of any nature that you may incur as a result of someone else’s use of your password or account, whether it is with or without your knowledge or consent. You may however be held liable for damages, losses, liabilities, costs, expenses and/or consequences of any nature incurred by HERITAGE INSURANCE COMPANY KENYA LIMITED or another party due to the use made of your account or password. It is prohibited to use anyone else's account at any time without the accountholder’s consent or permission.

PROHIBITED USE

You agree that you shall not, and shall not attempt to:

  1. do anything that may damage, disable, overburden, or impair the Portal, any HERITAGE INSURANCE COMPANY KENYA LIMITED server, or any networks connected to the Portal or any HERITAGE INSURANCE COMPANY KENYA LIMITED server, or that may interfere with anyone’s use and enjoyment of the Portal, with the Portal Content or with any services offered on or through the Portal;
  2. obtain unauthorized access to any part or feature of the Portal, the Portal Content, accounts, products or services offered on or through the Portal, or to any systems or networks connected to the Portal or to any HERITAGE INSURANCE COMPANY KENYA LIMITED server, or to any of the services offered on or through the Portal;
  3. make unauthorized use of any robot, spider, site search/retrieval application, devices, programs, algorithms or methodologies, or any similar or equivalent processes, to access, acquire, copy or monitor any portion of the Portal or the Portal Content, or to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Portal or the Portal Content, or to obtain any materials, documents or information through any means not purposely made available through the Portal;
  4. remove any copyright, trademark or other proprietary rights notices contained on the Portal or in the Portal Content;
  5. Collect information about the Portal’s visitors or users, including without limitation tracking any information on any other visitor or user of the Portal, without their express written consent;
  6. publish, upload, post, transmit, distribute, disseminate or otherwise use any materials or information that may be inappropriate, profane, defamatory, obscene, indecent or unlawful, that may infringe third party rights, or for which you do not have sufficient permission or the necessary rights to do so;
  7. Reverse engineer, decompile or disassemble any portion of the Portal or the Portal Content;
  8. use the Portal or the Portal Content for any unlawful or unauthorized purposes, or otherwise violate any applicable laws or regulations by using the Portal or the Portal Content;

BROWSER AND SCREEN RESOLUTION

In order to improve the user experience and better delivery of materials or information, HERITAGE INSURANCE COMPANY KENYA LIMITED may employ technologies not supported by older browsers. HERITAGE INSURANCE COMPANY KENYA LIMITED Portals are best viewed by the latest version of browser from major vendors, such as Microsoft®, Google® or Mozilla®, with JavaScript® and SSL enabled.

You may need to install Adobe® Flash® Player and Java® Runtime to be able to enjoy some features. Moreover, some of the materials, including downloadable forms, reports, and brochures, may require Adobe® Acrobat® Reader® to be installed on your machine.

For an optimum experience, HERITAGE INSURANCE COMPANY KENYA LIMITED Portals are best viewed with 1152 x 864 screen resolution.

INCONSISTENCY IN WORDINGS

In the event of any ambiguity or inconsistency between the English and local language versions of these Terms, the English versio