Website Terms and Conditions

These Terms and Conditions ("Terms") govern access to and use of the First Assurance Online Portal ("Portal"), including all services, functionalities, content, applications, tools, documentation, and information made available through the Portal.

By accessing, browsing, registering on, or otherwise using the Portal, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions, together with the applicable Privacy Policy, Cookie Notice, insurance product terms, policy wordings, bond conditions, guarantees, and any other notices, policies, or guidelines published by First Assurance from time to time.

If you do not agree with these Terms, you must immediately discontinue use of the Portal and refrain from accessing any services provided through it.

First Assurance reserves the right to amend, update, revise, or replace these Terms at any time to reflect operational, legal, regulatory, technological, or business developments. Any amendments shall become effective upon publication unless otherwise specified. Continued use of the Portal following publication of such amendments shall constitute acceptance of the revised Terms.

The Portal is owned and operated by First Assurance Company Limited ("First Assurance", "we", "our", or "us") and serves as an electronic platform through which customers, prospective customers, brokers, intermediaries, agents, corporate entities, and authorized representatives may access selected insurance-related and surety bond services.

The Portal may facilitate the generation of quotations, submission of insurance applications, surety bond applications, guarantees, policy servicing requests, document uploads, premium payments, customer communication, account management services, and such other services as First Assurance may make available from time to time.

The availability of a service on the Portal shall not be construed as a commitment by First Assurance to provide that service in every instance. Access to the Portal does not guarantee eligibility, approval, issuance of insurance cover, issuance of a bond or guarantee, nor does it create any contractual entitlement unless and until all applicable underwriting, compliance, payment, and approval requirements have been satisfied.

First Assurance reserves the right to modify, suspend, restrict, withdraw, or discontinue any service, functionality, feature, or content available through the Portal where reasonably required for commercial, operational, technological, security, or regulatory reasons.

The Portal is intended solely for use by individuals and entities legally capable of entering into binding agreements under applicable law.

By using the Portal, you represent and warrant that you possess the legal capacity and authority necessary to enter into legally binding obligations and that all information provided by you is accurate, complete, current, and not misleading.

Where access to the Portal or the submission of any application is undertaken on behalf of a company, partnership, trust, government institution, non-governmental organization, or other entity, you represent and warrant that you are duly authorized to act on behalf of such entity and to bind it in relation to matters arising from use of the Portal.

First Assurance reserves the right to request proof of identity, authorization, or authority at any time and may suspend processing of applications pending satisfactory verification.

Certain functionalities of the Portal may require users to create and maintain a registered account. Users are responsible for ensuring that all registration information provided remains accurate, complete, and up to date.

You are solely responsible for maintaining the confidentiality and security of your username, password, one-time passwords, authentication credentials, and any other security information associated with your account. You must take all reasonable precautions to prevent unauthorized access and shall promptly notify First Assurance if you become aware of any unauthorized access, suspected compromise of credentials, security breach, or misuse of your account.

Unless and until First Assurance has received notice of such unauthorized use and has had a reasonable opportunity to take corrective action, all activities conducted using your account credentials shall be deemed to have been authorized by you.

First Assurance shall not be responsible for losses arising from unauthorized access where such access results from your failure to maintain adequate security over your credentials.

Any quotation generated, displayed, or communicated through the Portal is provided solely for informational and indicative purposes based on the information available at the time the quotation is created.

A quotation does not constitute an offer to insure, acceptance of risk, issuance of a policy, bond, or guarantee, nor does it create a contractual relationship between the applicant and First Assurance. Quotations remain subject to verification, underwriting review, regulatory requirements, and any other internal approval processes that First Assurance may consider necessary.

First Assurance reserves the right at any time, prior to acceptance of risk, to amend, revise, withdraw, decline, or invalidate a quotation where additional information becomes available, inaccuracies are identified, underwriting criteria change, legal or regulatory requirements apply, or the proposed risk falls outside First Assurance's underwriting parameters.

No quotation shall be binding upon First Assurance unless and until all applicable underwriting requirements have been satisfied, the risk has been formally accepted, and all requisite premiums, fees, charges, or securities have been received and confirmed.

Submission of any application through the Portal constitutes a request for consideration by First Assurance and shall not create any obligation upon First Assurance to issue a policy, bond, guarantee, renewal, endorsement, certificate, or any other insurance-related product or service.

All applications remain subject to comprehensive review, risk assessment, underwriting evaluation, document verification, compliance checks, regulatory requirements, and internal approval procedures. First Assurance may request additional information, documentation, declarations, financial statements, guarantees, collateral, references, or supporting material at any stage of the application process.

Applicants acknowledge that underwriting decisions involve the exercise of professional judgment and risk evaluation. First Assurance reserves the right, subject to applicable law, to approve, reject, defer, limit, condition, amend, or withdraw consideration of any application without incurring liability for such decision.

The accuracy, completeness, and reliability of information provided through the Portal are fundamental to the assessment of risks and the provision of insurance-related services.

You warrant that all information, documents, representations, declarations, and materials submitted through the Portal are true, accurate, complete, current, and not misleading in any respect. You further undertake to notify First Assurance promptly of any change to information previously submitted where such information may be relevant to an application, policy, bond, guarantee, or business relationship.

Where First Assurance determines that information submitted is false, inaccurate, incomplete, misleading, fraudulent, or intentionally withheld, it may reject applications, suspend processing, decline claims, terminate access, cancel policies or bonds where legally permissible, recover losses, report matters to regulatory or law enforcement authorities, and pursue any remedies available under law.

All premiums, bond fees, service charges, administrative fees, taxes, duties, levies, and any other amounts payable in connection with products and services obtained through the Portal shall be paid in accordance with instructions issued by First Assurance.

Payment acknowledgements, receipts, transaction references, confirmations, or electronic notices generated through the Portal shall not in themselves constitute acceptance of risk, policy issuance, or approval of an application unless expressly confirmed by First Assurance.

First Assurance reserves the right to verify all payments and may suspend processing, withhold issuance, or delay activation of any service pending confirmation that funds have been received and successfully cleared.

Where payments are reversed, disputed, dishonoured, recalled, or otherwise rendered invalid, First Assurance may suspend, terminate, or withdraw associated services until the matter has been satisfactorily resolved.

First Assurance is committed to maintaining the highest standards of integrity, regulatory compliance, fraud prevention, anti-money laundering controls, counter-terrorism financing measures, and risk management practices.

Accordingly, users acknowledge and consent to First Assurance conducting identity verification, due diligence checks, sanctions screening, anti-money laundering reviews, credit assessments, fraud investigations, background checks, and any other verification activities required by law, regulation, internal policy, or prudent business practice.

Where suspicious, fraudulent, unlawful, misleading, or prohibited activity is identified or reasonably suspected, First Assurance reserves the right to suspend transactions, refuse services, terminate Portal access, report information to competent authorities, and take such corrective or legal action as may be appropriate.

First Assurance recognizes the importance of safeguarding personal information and is committed to processing personal data fairly, lawfully, transparently, and securely. In the course of delivering services through the Portal, First Assurance may collect, store, process, transfer, analyze, and otherwise use personal information relating to applicants, policyholders, guarantors, directors, shareholders, authorized representatives, beneficiaries, employees, and other individuals connected with applications or transactions.

Such processing may be necessary for purposes including identity verification, underwriting, policy administration, bond issuance, customer support, fraud prevention, legal compliance, risk assessment, payment processing, and the protection of legitimate business interests.

The processing of personal information shall be undertaken in accordance with the Data Protection Act, 2019, applicable regulations, and the First Assurance Privacy Policy. Users are encouraged to review the Privacy Policy carefully, as it forms an integral part of these Terms.

All intellectual property rights in and relating to the Portal, including its software, design, structure, content, graphics, images, documents, trademarks, service marks, logos, databases, text, audiovisual materials, and other proprietary materials, are owned by or licensed to First Assurance and are protected by applicable intellectual property laws.

Nothing contained within the Portal shall be construed as granting any licence or right to use such intellectual property except as expressly permitted under these Terms. Users are granted a limited, non-exclusive, revocable, and non-transferable right to access and use the Portal solely for lawful purposes connected with obtaining services from First Assurance.

Users shall not reproduce, distribute, transmit, modify, create derivative works from, reverse engineer, scrape, extract, publish, display, or otherwise exploit any element of the Portal without the prior written consent of First Assurance.

The Portal utilizes cookies and similar technologies to facilitate secure access, maintain user sessions, authenticate users, protect against fraud, improve performance, monitor usage patterns, and enhance user experience.

Certain cookies are essential to the operation and security of the Portal and remain active at all times. Other cookies may be used for analytics, performance optimization, and service improvement purposes subject to applicable consent requirements.

By using the Portal and making selections through the Cookie Notice where applicable, users acknowledge and consent to the use of cookies and similar technologies in accordance with the Privacy Policy and Cookie Notice. Users may manage their cookie preferences through available settings, subject to limitations affecting Portal functionality.

First Assurance shall use reasonable efforts to maintain the availability, reliability, and functionality of the Portal. However, the Portal is provided on an "as available" basis and First Assurance does not guarantee uninterrupted, continuous, secure, or error-free operation.

The Portal may be affected by maintenance activities, software upgrades, connectivity issues, cybersecurity incidents, telecommunications failures, system outages, or circumstances beyond First Assurance's control. First Assurance reserves the right to suspend, restrict, modify, or discontinue any aspect of the Portal where necessary for security, administrative, operational, or regulatory reasons.

Users acknowledge that temporary interruptions may occur and agree that First Assurance shall not be liable for any inconvenience, delay, loss, or damage arising from such interruptions.

To the fullest extent permitted by law, the Portal and all services, information, materials, content, and functionality provided through it are made available on an "as is" and "as available" basis without any express or implied warranties of any kind.

First Assurance does not warrant that the Portal will be uninterrupted, secure, error-free, free from harmful components, suitable for any particular purpose, or that information obtained through the Portal will always be complete, accurate, current, or reliable.

Users acknowledge that their use of the Portal is entirely at their own risk and that they remain responsible for evaluating information and obtaining independent professional advice where appropriate.

To the fullest extent permitted by law, First Assurance, its directors, officers, employees, agents, affiliates, contractors, and service providers shall not be liable for any indirect, incidental, consequential, punitive, exemplary, or special damages arising out of or relating to the use of, inability to use, or reliance upon the Portal or any services made available through it.

This limitation includes, without limitation, loss of profits, revenue, data, goodwill, reputation, business opportunities, anticipated savings, or business interruption, regardless of whether such losses were foreseeable.

Nothing in these Terms shall exclude or limit liability where such exclusion or limitation would be unlawful under applicable law.

Users agree to indemnify, defend, and hold harmless First Assurance, its directors, officers, employees, agents, affiliates, contractors, successors, and assigns against any claims, actions, proceedings, liabilities, damages, penalties, costs, expenses, and losses, including reasonable legal and professional costs, arising directly or indirectly from their use of the Portal.

This indemnity shall include claims resulting from breaches of these Terms, violations of law, submission of inaccurate information, fraudulent conduct, infringement of third-party rights, misuse of Portal services, or any act or omission attributable to the user.

The obligations under this clause shall survive termination, suspension, or expiry of access to the Portal.

First Assurance shall not be liable for any failure, delay, interruption, or inability to perform its obligations under these Terms where such failure results from events beyond its reasonable control.

Such events may include natural disasters, floods, fires, power failures, civil unrest, labour disputes, acts of terrorism, armed conflict, pandemics, regulatory restrictions, internet disruptions, telecommunications failures, cybersecurity incidents, software failures, or the failure of third-party suppliers or service providers.

Where such circumstances arise, First Assurance shall be entitled to suspend affected services for the duration of the event and shall resume normal operations as soon as reasonably practicable.

Any dispute, controversy, claim, or disagreement arising from or relating to the Portal, these Terms, or any services provided through the Portal shall first be referred to good-faith negotiations between the parties.

Where a dispute cannot be resolved through negotiation within thirty (30) days, it shall be referred to arbitration in Nairobi, Kenya, in accordance with the Arbitration Act of Kenya and any applicable rules thereunder.

The arbitration shall be conducted by a single arbitrator appointed by agreement between the parties or, failing such agreement, in accordance with the applicable arbitration procedures. The arbitral proceedings shall be conducted in English and the arbitrator's award shall be final and binding.

Nothing in this clause shall prevent First Assurance from seeking interim, protective, injunctive, or conservatory relief from a court of competent jurisdiction where necessary to protect its rights or interests.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Kenya.

Any question concerning the interpretation, validity, performance, enforceability, or termination of these Terms shall be determined in accordance with Kenyan law, regardless of any conflict of laws principles that may otherwise apply.

Questions, requests, complaints, notices, or communications regarding the Portal, these Terms and Conditions, the Privacy Policy, data protection matters, applications, payments, insurance products, surety bonds, or related services may be directed to First Assurance through the contact channels published on the Portal.