The ‘Banbo App’ is a proprietary product of Banbo Insurance Brokers Limited, a company incorporated under the laws of the Republic of Ghana (hereinafter referred to as ‘The Company’) and licensed by the National Insurance Commission as an Insurance Broker.
The Company has developed this software solution to facilitate and increase the subscription to insurance policies provided by Insurance Companies (Insurers) in Ghana. The Banbo App contains a variety of insurance products by various Insurers from which Users may choose and subscribe to, subject to the User satisfying the terms offered by the Insurer.
Where a User subscribes to an insurance policy, the policy cover is processed (by the Insurance Company) and all necessary documents (e.g. motor insurance sticker & policy documents) delivered physically to the User. After the roll out of the digital sticker by the National Insurance Commission, digital stickers will be made available to Users for download on the Banbo App after the policy sign-up process is completed.
Aside signing up for policies, the Banbo App can be used to initiate the process to make claims on policies purchased using the App. To do this, a User, uploads pictures of the damaged vehicle in respect of motor claims and pictures of the driver's license of the owner, and in the event that the driver is separate from the owner, the license of the driver.
The purpose of these General Terms and Conditions is to define the terms and conditions under which the Company provides the Banbo App to its Users.
By clicking on the “I agree” or ticking off “I have read and accept the subscription terms and conditions” that is presented to you at the time of you setting up the Banbo App or immediately thereafter, or by using or accessing the Banbo App, you indicate your assent to be bound by this Agreement. If you are accepting on behalf of your employer or another legal entity, you warrant that you have full legal authority to bind that entity.
You acknowledge that this Agreement is entered into by and between you and the Company or any of its affiliate or entity it may assign its rights to, and not with any third party device platform or Associated Service Provider or Telecommunications Carrier or the Third Party from whom you are downloading this App or any of their affiliates.
If you do not agree to this Agreement, do not use or access the App.
This agreement shall be effective (“Effective Date”) on your initial access to or use of the Banbo App and shall continue to be in force until terminated by the Company or You in accordance with these Terms and Conditions.
(a) The Company grants to you a non-transferable, non-exclusive and revocable license to only install and use the Banbo App on your device for the purposes of accessing the insurance products offered by the Insurance Companies at the required fees and to use the Banbo App according to the terms and conditions set forth in this Agreement. The Company only grants you permission to use the Banbo App and same has not been sold to you. Except as expressly granted by this Agreement or otherwise by the Company or its licensors in writing, you acquire no right, title or interest in the Banbo App or any data, software, content, application or materials accessed from or incorporated in the Banbo App.
(b) You agree to the following license restrictions: (a) to use the Banbo App solely for personal use and for the purpose stated herein; (b) to not install or use your details on the Banbo App on a device that you do not own or control; (c) to not duplicate, copy or distribute the Banbo App, except as necessary to use it on your Device; (d) to not license, sell, rent, lease, lend, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Banbo App or make the Banbo App available to any third party; (e) to not use the Banbo App for any fraudulent, unlawful or illegal activity or in any way that could harm the Banbo App or impair anyone else’s use of it or to try to gain unauthorized access to any service, data, account on the Banbo App by any means; (f) to not modify, translate, or create derivative works based on the Banbo App or disassemble, decompile or reverse engineer any part of the Banbo App (g) to not work around any technical limitations in the Banbo App; and (h) to preserve all copyright and other proprietary rights notices on the Banbo App.
You must create/register an account in order to access the Banbo App. You shall be liable for the use and confidentiality of your account and shall ensure that third parties do not have access to your account. You agree to accept responsibility for all activities that occur under your account, and agree you will not sell, transfer or assign your membership or any membership rights.
You shall inform the Company without delay in case of a security breach, in particular in case of willful communication or misappropriation, so that the Company can take any necessary and appropriate steps in order to remedy such breach. More generally, you shall be liable for the security of your access points to the Banbo App.
You agree and acknowledge that you are responsible for ensuring the accuracy of data inputted into the Banbo App by you or by any person on your behalf. The Company is under no obligation to ensure that your data in the Banbo App is an accurate representation of your actual data.
There shall be no fee for downloading the Banbo App. However, subscription to the insurance products in the Banbo App by the various Insurance Companies is subject to the payment of the approved fees charged by the Insurance Companies through the electronic mediums provided.
You undertake to do the following:
(a) You shall not purchase, use or access the Banbo App for the purpose of building a competitive product or for any other competitive purpose.
(b) You shall not misuse the Banbo App by interfering with its normal operation or attempting to access it using a method other than through the interfaces and instructions the Company provides.
(c) You shall not circumvent or attempt to circumvent any limitations that the Company imposes on your account.
(d) You shall not probe, scan or test the vulnerability of the Banbo App or any of the Company’s systems or networks.
(e) You shall not use any manual or automated system of software to extract or scrape data from the Banbo App or other interfaces through which the Company makes the services available.
(f) You shall not use the Banbo App for advertising, commercial purposes or solicitation.
(g) You shall not violate the rights of the Company or any third Party (including, copyright, trademark, patent or similar intellectual property rights, right of reputation, right to privacy, or any other right arising at law or by contract).
(h) You shall not use, or misuse, the Banbo App in any way which may impair the functionality of the App, website or other systems used to deliver the services or impair the ability of any other user to use the Banbo App, services or website, including by misusing the Banbo App & services in a manner that materially exceeds reasonable usage or by using the Banbo App & services in a malicious, fraudulent or unlawful manner.
(i) You shall not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Banbo App & services are hosted;
(j) You shall not transmit, or input into the Banbo App or any other medium used by the Company to provide the service, any files that may damage any other person’s computing devices or the App, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which You do not have the right to use);
(k) You shall not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to create the Banbo App and to deliver the service.
You acknowledge and agree that the Company gives no warranty about the Banbo App or its services and, without limiting the foregoing:
(a) The provision of, access to, and use of, the Banbo App and the Company’s services is on an “as is” basis and at your own risk.
(b) The Company does not warrant that the use of the Banbo App and its services will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Banbo App and its services, public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Banbo App and the Company’s services. The Company is not in any way responsible for any such interference or prevention of your access or use of the Banbo App.
(c) The Company does not warrant that the Banbo App and its services will meet your requirements or that the Banbo App and services will be suitable for any particular purpose. It is your sole responsibility to determine that the Banbo App and the Company’s services meet your needs and are suitable for the purposes for which they are used.
(d) You remain solely responsible for complying with all applicable laws. It is your responsibility to check the storage of and access to your data via the Banbo App or any other medium provided by the Company.
(e) To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including warranties of merchantability and fitness for purpose, title and non-infringement.
(a) You acknowledge and agree that the Company has no responsibility to any person other than you and nothing in this Agreement confers, or purports to confer, a benefit on any person that is enforceable against the Company by any person (including your Affiliates) other than You.
(b) If you use or access the Banbo App and the Company’s services on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise), You agree that:
You are responsible for ensuring that you have the right to do so;
In the case of a third person requiring access to your data, you are responsible for authorizing any such person to access your data, and you agree that the Company has no obligation to provide any such person with access to your data without your prior written authorization (and may refer any third party access requests for information to you to address); and
You will indemnify the Company against any loss arising out of or in connection with the Company’s refusal to provide such third parties with access to your data and/or the Company enabling access by such third persons to your data where this has been done with your written authorization.
(a) You acknowledge and agree that the Company owns and retains all right, title, and interest, intellectual property rights (including but not limited to patent, copyright, trade secret, trademark, logotypes and other proprietary rights), in and to the Banbo App and its contents, and owns all rights in any corrections, fixes, enhancements, updates or other modifications to the Banbo App, whether made by the Company or any other party. You may provide feedback, suggestions, comments, improvements, and ideas (collectively “Feedback”), regarding the Banbo App to the Company but you are not required to do so. You agree that any feedback will be the property of the Company and may be used and exploited without limitation for any purposes by the Company, without obligation of any kind and without any obligation of confidentiality, attribution, accounting, compensation or other duty to account to you.
(b) No right, title, or interest in or to any logotypes, trademarks, service marks, or trade names of the Company or the Company’s licensors is granted hereunder to you or anyone claiming through you.
(a) The Parties acknowledge that in use of the Banbo App and the Company’s services or the performance of their respective duties under this Agreement, either Party may communicate to the other certain confidential and proprietary information including without limitation information concerning the Banbo App, all oral, written, printed, photographically and electronically recorded information of all types, however recorded, preserved, trade secrets, technology, techniques, proprietary information, or business or marketing plans related thereto (collectively, the “Confidential Information”), all of which are confidential and proprietary to the Disclosing Party and may not be copied or circulated without prior approval from the Disclosing Party. The Receiving party shall use the confidential information for the purposes limited to the contract subject to terms stated herein.
(b) During the subsistence of this Agreement, the parties inclusive of their respective employees and agents shall strictly maintain the confidentiality of Confidential Information and shall not sell, license, publish, display, distribute, disclose or otherwise make available Confidential Information to any third party nor use Confidential Information except as authorized by this Agreement or as authorized expressly in writing by the Disclosing Party. The Parties agree not to disclose the terms of the Agreement to persons other than its employees, lawyers or agents who ought to know of the confidential information by virtue of the nature of their work, without express written consent of disclosing party. The obligations of the parties under this clause shall survive the termination of this Contract for a period of five years.
(c) For the purposes of this Agreement, Confidential Information does not include:
Information that can be demonstrated by clear and convincing evidence was known to the Receiving party at the time of disclosure by the Disclosing Party to the Receiving Party;
Information that is in, or has, after disclosure to or acquisition by the Receiving Party, entered the public domain other than by reason of a breach of this Agreement or any breach by any other person of any obligation of confidentiality owed by that person; or
Information that the Receiving Party independently develops without reliance on any confidential information from the Disclosing Party.
(d) The Receiving Party shall be entitled to disclose any Confidential Information if and to the extent that it is required to do so by any law or by any court or regulatory agency or authority of competent jurisdiction, provided that (except to the extent prohibited by law or regulation from so doing), the Receiving Party gives prompt notice to the Disclosing Party upon becoming aware of any such requirement so that the Disclosing Party may seek a protective order or other appropriate remedy. In the event that such protective order is not obtained, the Receiving Party, members of its Group Company and/or its Representatives shall furnish only that portion of the information that is legally required and shall disclose the Confidential Information in a manner reasonably designed to preserve its confidential nature.
(e) The Receiving Party shall restrict the distribution of confidential information to employees, consultants or subcontractors who have a definite need to know such information and provided that such employees, consultants and sub-contractors are bound to respect the confidential nature of the information.
(f) The Receiving Party shall promptly notify the Disclosing Party if it becomes aware of any breach of confidence by any person, firm or corporation to whom it has divulged all or any part of the Confidential Information or who becomes aware of it in an unauthorized way, and shall provide to the Disclosing Party all reasonable assistance in connection with any proceedings which it may institute against such person, firm or corporation for breach of confidence or otherwise.
(g) The Company maintains a privacy policy that sets out what information the Company collects about individuals and why, what the Company does with that information, and how Company handles that information. You should read that policy at https://banbo.insure (“Privacy Policy”). In the event of any conflict between these Terms and the terms of the Company’s Privacy Policy, the Terms and Conditions will take precedence.
(a) The Company disclaims any responsibility for any harm resulting from your use of the Banbo App and it services. The Banbo App is provided “as it is with all faults known and unknown. The Company makes no representations or warranties of any kind, express or implied, with respect to the Banbo App including but not limited to, implied and/or express warranties of merchantability and fitness for a particular purpose. The Company specifically disclaims all representations and warranties with respect to any third party intellectual property rights subsisting in the Banbo App or in any part thereof, including but not limited to any and all express or implied warranties of title, non-infringement (including as a consequence of any practice or implementation of the App), or that the contents of the Banbo App are suitable for any purpose other than as contemplated under this Agreement (whether or not the Company has been advised, has reason to know, or is otherwise in fact aware of any information) without limiting the generality of the foregoing, the Company does not warrant, guarantee or make any representations regarding the accuracy of reliability of the Banbo App are current or kept current, or are error -free or free of defects. You assume the entire risk arising out of the use of and/or reliance on the Banbo App provided that the Company shall exercise reasonable care expected of a company providing the App as contemplated under this Agreement. Should any component of the Banbo App include defects in any way, the Company will ensure that the defect is repaired or corrected at no cost to you.
(b) The Banbo App could include technical inaccuracies or typographical errors. Changes are periodically added to the information therein; these changes will be incorporated into new versions of the Banbo App and its documentation, if any. The Company may make improvements and/or changes to the App or its contents at any time provided that where the changes are critical and would affect the functionality of the app, you shall be given at least forty-eight hours’ notice prior to the implementation of such improvements/changes.
(c) The Company disclaims any liability for the use of any of the electronic means of payment indicated for the subscription to an insurance cover by you and for the avoidance of doubt the provision of the Banbo App by the Company does not make it an Insurance Company/Insurer.
(a) Subject to the Data Protection Act, 2012 (ACT 843), You acknowledge and agree (by executing this Agreement) to the collection, use, processing and transfer of certain personal data as required for the use of the Banbo App and the Company’s services. You understand that you are not obliged to consent to such collection, use, processing and transfer of personal data. However, you understand your failure to provide such consent shall affect your ability to use/access the Banbo App and the Company’s services.
(b) You understand that the Company may hold certain personal information about you, including your name, date of birth, details for the insurance subscription etc., for the purpose of managing and administering the Banbo App. The Company, or its Affiliates, will transfer data amongst themselves as necessary for the purpose of implementation, administration and management of the App. The Company and/or any of its Affiliates may further transfer data to any third parties assisting the Company in the implementation, administration and management of the App. These various recipients of data may be located elsewhere throughout the world. You authorize these various recipients of data to receive, possess, use, retain and transfer the Data, in electronic or other form, for the purposes of implementing, administering and managing the Banbo App, including any required transfer of such data as may be required for your access to the Banbo App.
(c) You understand that you may, at any time, review data with respect to you and require any necessary amendments to such data. You also understand that you may withdraw the consents to use data herein by notifying the Company in writing; however, you understand that by withdrawing your consent to use data, it shall automatically terminate you use of the Banbo App.
(d) The Company shall notify the Client by phone of any personal data breach not later than 72 hours after having become aware of it, and confirm immediately by e-mail. The said notification shall be sent along with any necessary documentation to enable you, where necessary, to notify this breach to the competent supervisory authority and the concerned person.
(a) The Company agrees to indemnify and hold you harmless, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of any third-party action or threatened action brought against you based on the Company's violation misuse, misappropriation, or infringement of any Intellectual Property Right as regards your use of the Banbo App.
(b) The Company agrees to indemnify and hold you harmless, from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of any third-party action or threatened action brought against you based on the Company's violation misuse, misappropriation, or infringement of any Intellectual Property Right as regards your use of the Banbo App.
(c) If you are dissatisfied with any material, or with any of the terms and conditions, your sole and exclusive remedy is to discontinue using the Banbo App and the Company’s services.
EXCEPT AS STATED HEREIN UNDER CLAUSE 15 (a), UNDER NO CIRCUMSTANCES AND TO THE GREATEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND/OR ANY THEORY OF LIABILITY, SHALL THE COMPANY, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, THIRD PARTY CLAIMS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE BANBO APP OR ITS CONTENTS OR THE COMPANY’S SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY CONDUCT OF ANY USER. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS. NOTHING IN THE AGREEMENT LIMITS OR EXCLUDES, OR WILL BE DEEMED TO LIMIT OR EXCLUDE, THE COMPANY’S LIABILITY FOR FRAUDULENT MISREPRESENTATION.
The Company reserves the right to perform an audit of the information security aspects of the Banbo App and its services in order to establish the effectiveness of the controls employed to protect its information.
The Company may create, from time to time, updated versions of the Banbo App and its services. At its option, the Company will make such updates available to you.
The Banbo App and the Company’s service is controlled, operated and administered by the Company from its offices in Ghana. The Company makes no representation that materials or the content available through the Banbo App or it services are appropriate or available for use outside Ghana and access to them from territories where their contents are illegal is prohibited. You shall not use the Banbo App or export the Content in violation of the laws of Ghana.
The terms of the Company’s Privacy Policy are incorporated by reference and made a part of this Agreement.
This Agreement is effective for an indefinite period of time, until the Company terminates it, or until you provide fourteen (14) days’ notice to the Company of your decision to terminate it. Your rights under this Agreement will terminate automatically without notice to you if you fail to comply with any of the provisions of this Agreement. The Company reserves the right to suspend, discontinue, enhance, update or otherwise modify the App, or its availability to you, at any time without notice. Upon termination of this Agreement or your license to the Banbo App, you will cease all use of the App and your contents/data deleted within 18 months.
Termination shall be without prejudice to the rights and liabilities of either party that may have accrued prior to the time of termination.
The Company shall have the right, at its discretion, to change, modify, add or remove terms of this agreement at any time without prior notification to You. You agree to review this agreement periodically since subsequent use by you of the Banbo App/Company’s services shall constitute your acceptance of any changes. The Company shall have the right at any time to change or discontinue any aspect of its services, including, but not limited to content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.
(a) The Parties agree that the Company shall not be liable to you for a delayed or lack of performance of its obligations to the extent that the obligations are in whole or in part subject to force majeure, such as but not limited to terrorism, fires, explosions, or floods of computer systems, disease outbreak (Pandemic) affecting the delivery of the service by the Company and in particular affecting the servers, malfunctioning or interruption of the electrical or telecommunications networks, Internet networks, and in particular breakdowns or interruption of the Banbo App or the Company’s services, the Company’s service providers or subcontractors, law or regulations that would render unlawful or impossible the performance of this Contract, decease of one of the Company’s key-person, such as its General Manager/Managing Director (CEO), its technical manager (CTO), that could not be replaced immediately.
(b) If the Company is prevented from fulfilling its obligations for more than three (3) months for reason of a force majeure event, each party shall be entitled to terminate this Agreement without indemnification. In case of definite impediment, this Agreement shall be terminated as of right, without delay.
The parties agree that clauses 7, 8, 10, 11, 12, 13, 14 and 15 shall survive the termination of this Agreement.
The Company reserves the right to assign its rights and liabilities under this Agreement or to the Banbo App to any third Party without your prior written consent.
It is understood and agreed that this Agreement contains the entire and only understanding between the parties relating to the subject matter hereof.
If any provision of these General Terms and Conditions shall be held to be invalid, illegal, or unenforceable by competent court, then, to the extent permitted by law, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
Any notice required to be given under this Agreement shall be deemed to have been complied with by a mail to the e-mail address provided by both parties under this Agreement or in the Banbo App.
Any failure by either party to enforce any provision of these General Terms and Conditions or to exercise any right shall in no way constitute a waiver of such right or remedy on any future occasion.
This Agreement shall be governed by the laws of Ghana. Each party shall have the right to submit any dispute arising from the Agreement to the courts of Ghana for adjudication.
The Company will endeavour to address all queries and requests for assistance received through its website or via email or by telephone (0559704610) as promptly as reasonably possible, but does not warrant that support will be immediately available.
Opening Hours: Any technical incident shall be supported by corrective maintenance services during opening hours, from 8 am to 5 pm (GMT) from Monday to Friday. Any support request sent outside these hours shall be deemed made the next working day at 8 am.