Please read these Terms carefully before using the Dynamique Insurance Brokers Ltd. WhatsApp Bot (“the Bot” or “the Service”), operated by Dynamique Insurance Brokers Ltd. (“Dynamique,” “We,” “Us,” or “Our”). By initiating communication with the Bot, engaging with its features or clicking “Yes, I Opt-in,” you acknowledge that you have read, understood and agreed to be bound by these Terms of Use and Service (“Terms”).

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

1. SCOPE OF SERVICE AND LICENSE

1.1. Service Description

The Dynamique WhatsApp Bot is an automated digital assistance tool that supports quotation, information and transaction processes for insurance products offered by Dynamique Insurance Brokers Ltd., a licensed intermediary regulated by the Insurance Regulatory Authority (IRA) of Kenya.

The Bot currently provides the following:

1. Marine Cargo Insurance (MCI)
   • Retrieval of quotations from KIFWA Marine Cargo API using the user’s IDF (Import Declaration Form) number.
   • Calculation and display of all applicable premiums and charges.
   • Payment initiation through M-PESA upon user confirmation.
2. Future Services Additional insurance products (e.g. Kifwa Bond, motor insurance) may be added and will fall under these Terms.

1.2. Limited License

Dynamique grants a limited, revocable, non-exclusive and non- transferable license to use the Bot solely for the purposes described above. You may not reverse engineer, copy, modify or misuse the Bot or its underlying systems.

2. USER OBLIGATIONS AND ACCEPTANCE

2.1. Eligibility

By using the Bot, you confirm that you:

• Are at least 18 years old or otherwise legally competent under Kenyan law.
• Are providing accurate and truthful information.
• Are authorized to transact on your own behalf or on behalf of a represented business.

2.2. User Consent and Communication

By interacting with the Bot, you provide explicit consent to receive transactional, quotation and policy-related communication in line with the Kenya Data Protection Act (2019) and WhatsApp Business Messaging Policy.

To request a human agent, reply with “AGENT” or “SUPPORT”.

To opt out at any time, reply with “STOP,” “UNSUBSCRIBE,” or “END”.

2.3. Prohibited Conduct

You agree not to:

• Submit fraudulent, misleading or harmful information.
• Input false IDF numbers or incorrect bond amounts.
• Attempt to overload, disrupt or automate interactions with the Bot.
• Use the Bot for illegal, defamatory or harmful purposes.

3. FINANCIAL TRANSACTIONS AND PAYMENT

3.1. Pricing and Premiums

All premiums displayed by the Bot are sourced from KIFWA-authorized systems and insurer underwriting channels. Dynamique is NOT responsible for pricing changes originating from KIFWA, KRA or insurer systems.

3.2. Payment and Policy Activation

• Payments are made exclusively via M-PESA STK Push.
• Insurance cover becomes active only after full payment, underwriting approval and issuance of a cover note, bond or certificate.
• Dynamique is not responsible for delays caused by M-PESA, network issues or incomplete payments.

3.3. Refunds

Refunds follow the Insurance Act (Cap. 487), IRA guidelines and Dynamique internal policy. Refunds may be approved in cases of duplicate payment, payment errors or underwriting rejection.

4. DISCLAIMERS AND LIMITATION OF LIABILITY

4.1. Disclaimer of Warranties

The Bot is provided on an “AS IS” and “AS AVAILABLE” basis. Dynamique makes no warranties regarding uninterrupted access, error-free operation or accuracy of third-party data.

4.2. Third-Party System Dependency

The Bot relies on external systems including the KIFWA API, KRA systems, M-PESA STK Push and insurer quotation systems. Dynamique is NOT responsible for outages or errors originating from these systems.

The Bot relies on external systems including the KIFWA API, KRA systems, M-PESA STK Push and insurer quotation systems. Dynamique is NOT responsible for outages or errors originating from these systems.

4.3. Limitation of Liability

To the maximum extent permitted under Kenyan law, Dynamique shall not be liable for indirect, incidental, punitive or consequential damages, including financial losses or data loss. Liability is limited to the amount paid for the related insurance policy.

5. TERMINATION

Dynamique may suspend or terminate your access without notice if:

• You violate these Terms.
• Fraud is suspected.
• You misuse or attempt to compromise the system.

6. GOVERNING LAW AND DISPUTE RESOLUTION

6.1. Governing Law

These Terms are governed by the Laws of the Republic of Kenya, including the Insurance Act, Consumer Protection Act and Data Protection Act (2019).

6.2. Dispute Resolution

Disputes will first be resolved through good-faith negotiation within 30 days. If unresolved, disputes will be referred to binding arbitration in Nairobi under the Arbitration Act (1995). The arbitral award is final and binding.

7. CONTACT INFORMATION

Dynamique Insurance Brokers Ltd.
Phone: +254 111 053 440
Email: mailto:info@dynamiquebrokers.com
Address: 4th Floor, Suite 414, Ngong Road, Nairobi, Kenya