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RECURRING CARD PAYMENT TERMS AND CONDITIONS
Please read these terms carefully before using our online recurring card payment facility. Using this facility on this website indicates that you accept these terms.
1.1 These are the terms and conditions that govern the use of the recurring payment function. The Company reserves the right to vary these terms at any time and at their sole discretion.
1.2 Any amendments or variations made to these Terms and Conditions shall take effect on their date of publication or as otherwise provided in the amendment or variation that shall be posted.
2. Definitions and Interpretation In this agreement unless the context otherwise requires:
“I”, “You”, “Your” and “Yours” mean the person(s) authorizing the electronic charges for insurance payments.
“We” “us” “the Company” and “our” refers to Britam Holdings PLC and its subsidiaries.
“Service Provider(s)” You authorize us to use a third party to make the authorized Payment Card charges.
2. The Service
2.1 By virtue of registering for this service, you the Cardholder hereby authorise the Company to activate Recurring Payments function for the frequency and duration indicated in this payment instruction (“Recurring Payments”) and charge your credit/debit card ("Credit/Debit Card") to pay the insurance premium as invoiced by the Company for the Insured Person’s policy.
2.2. I, the Cardholder understand that the Policy shall take effect provided that
(1) the first premium payment for the Policy is received by the Company evidenced by the approval from the Credit/Debit Card Company for this direct debit payment instruction; and
(2) the Policy application is approved by the Company.
2.3 I, the Cardholder, understand and agree that my instructions to activate Recurring Payments by charging my Credit/Debit Card will continue to subsist to pay the relevant premium for the Policy and for subsequent renewals of the Policy unless the Company receives written instructions from me or the Policyholder to do otherwise.
2.4 I, the Cardholder and the Policyholder/Insured Person understand that the Policy will not be effective if this direct debit authorization payment instruction is subsequently rejected by the Credit/Debit Card Company and that the Insured Person may not receive the benefits of the Policy in the event of any claim.
2.5 I, the Cardholder further agree and consent that the Company and/or its service providers may collect, use and process personal information (whether obtained in this payment instruction or otherwise obtained) and disclose such information in accordance with the Company's Privacy Statement which can be found on the Company's website.
2.6 I, the Cardholder understand and agree that all refund of premiums for the Policy, if any, shall be made to the account of the Policyholder.
2.7 I, the Cardholder understand that should I need to change or amend my recurring payment method or details including, for example, making a change from one credit/debit card that was initially selected to another credit/debit card, I shall be required to authorize and communicate the new recurring payment method with the Company. If the change is approved, the Cardholder’s previously-approved payment method will be terminated.
2.8 Credit card billing of policies enrolled to the recurring billing function is done on the policy's due date provided that the policy is updated. If due date falls on a weekend or a holiday, billing is done on the following working day. Declined transactions are automatically rebilled for two (2) consecutive weeks from the date of first unsuccessful billing. If subsequent billing attempts are unsuccessful, you will be notified by mail to settle your outstanding premium. The Company shall not be liable for suspension or cancellation of policy on account of delayed or failed automatic/recurring payments.
2.9 The Company’s credit card billing is subject to the security policies of the card issuer-bank.
3. Exclusions of Warranties and Limitation of Liabilities
3.1 THE AUTOMATIC RECURRING PAYMENT CARD PROCESS AND RELATED DOCUMENTATION IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
3.2 In addition, we do not warrant, guarantee or make any representations regarding the security of Payment Card accounts, or that the web site is free from destructive materials, including but not limited to computer viruses, hackers, or other technical sabotage, nor does it warrant, guarantee or make any representations that access to this site will be fully accessible at all times, uninterrupted, or error-free.
3.3 IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING WITHOUT LIMITATION LOST OR MISDIRECTED APPLICATIONS, LOST PROFITS, LOST GOODWILL, OR LOST OR STOLEN PROGRAMS OR OTHER DATA, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH (1) USE OF THE PORTAL, OR THE INABILITY TO USE THE PORTAL BY ANY PARTY; OR (2) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; OR (3) LINE OR SYSTEM FAILURE OR THE INTRODUCTION OF A COMPUTER VIRUS, OR OTHER TECHNICAL SABOTAGE, EVEN IF WE OR OUR AFFILIATES, OR THE EMPLOYEES OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, LOSSES OR EXPENSES.
4. Discontinuing Automatic Recurring Payment Card Charges
4.1 The authorization for Automatic Recurring Payment Card charges remains in effect until we have received notice from you of its termination. To discontinue automatic payment card charges, delete your credit/debit card details on the portal.
4.2 If you are signed up to have your payments automatically charged electronically and decide to request a cancellation of your policy(ies), please check the status of your outstanding billing statement at that time. We will discontinue future automatic charges once we process your request to cancel your policy(ies); however, it is possible that an automatic charge may have begun to process around the same time as the policy cancellation(s).
5. Maintaining Accurate Information
5.1 It is your sole responsibility to ensure that your contact and billing account information is current and accurate, as well as your Payment Card account information. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate billing account, Payment Card account or contact information. Billing account and contact information can include, but is not limited to, items such as your name, phone number, address, e-mail address, and Payment Card account information.
5.2 Please update the Company of your new card details to avoid unsuccessful billing due to expired, lost, stolen or replaced credit cards.
6. Non-waiver Any failure by us to act upon any breach of these Terms and Conditions shall not be deemed to constitute a waiver of any subsequent breach of that or any other term or condition, or of any right to thereafter enforce these Terms and Conditions.
7. Disclosure Information and Instructions received from you through the Service will be stored by the Company and accessed by employees of the Company (as is deemed necessary) in accordance with existing laws.
8. General terms
8.1. You may not transfer any right or obligation that arising under these terms and conditions without our express written consent.
8.2. No provision of this Agreement creates a partnership between us or makes you or us a commercial agent of the other for any purpose.
9. Governing Law and Dispute Resolution
9.1. These Terms and Conditions shall be governed by the Laws of Kenya.
9.2 You may contact us through our customer care contacts provided on our Website to report any disputes, claims or discrepancies in the Service. Any dispute regarding the Services that is not resolved by our customer care representatives shall be escalated. If the parties fail to resolve the matter within thirty days of such escalation, either party may refer the dispute to arbitration under the Rules of Arbitration of the Chartered Institute of Arbitrators (Kenya Branch) and the provisions of the Arbitration Act 1995. Parties shall be bound by the subsequent arbitration award.