1. Introduction
These Terms of Service ("Terms") govern your access to and use of the ActInsurance platform and related services operated by Brooks Insurance Agencies Ltd ("Brooks," "we," "our," or "us").
By creating an account, signing in, registering as a client or agency, or otherwise using our application, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the platform.
Please read these Terms carefully before using our services.
2. Definitions
"Brooks," "We," "our," "ours," and "us" means Brooks Insurance Agencies Ltd and includes its successors in title and assigns, its affiliates and/or its strategic business units as may be specified from time to time.
"Platform" or "ActInsurance" means our website, mobile applications, portals, and related systems used to manage insurance agency operations, client relationships, policies, payments, claims, and documents.
"You" or "Customer" means any person or entity that uses the platform, including insurance agents, agency staff, clients, policyholders, beneficiaries, claimants, and authorized representatives. "Customer" includes both natural and legal persons.
"Services" means the insurance intermediary and agency management services we provide through the platform, including policy administration support, debit note generation, payment tracking, claims filing, document management, renewals, and related brokerage activities.
The word "includes" means that what follows is not necessarily exhaustive.
3. Eligibility And Account Registration
You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account unless you are registering under the authority of a parent, guardian, or corporate representative.
When you register, you agree to provide accurate, complete, and current information. You are responsible for keeping your account details up to date.
Once you register on our platform, you will no longer be anonymous to us and will provide us with personal information as described in our Privacy Policy.
We may refuse, suspend, or terminate registration where information is false, incomplete, misleading, or where use of the platform would violate applicable law or these Terms.
4. Description Of Services
Brooks provides insurance intermediary services in Kenya. Through ActInsurance, authorized users may manage clients, insurance classes, policies, debit notes, payments, commissions, renewals, claims, documents, and related agency operations.
The platform supports statutory and contractual activities related to management of insurance products placed through Brooks. Services may also include ERP integration, lead management, reporting, and administration tools for registered agencies.
We may update, improve, or discontinue features of the platform from time to time. We will use reasonable efforts to maintain service availability but do not guarantee uninterrupted access.
- Client onboarding and KYC document management.
- Policy issuance, endorsement support, and renewal reminders.
- Debit note and payment history management.
- Claims submission and status tracking.
- Document storage and retrieval.
- Agency administration, user management, and reporting (for authorized roles).
5. Your Responsibilities
You are responsible for all activity conducted through your account. You must keep your login credentials confidential and notify us promptly of any unauthorized access or suspected breach.
You agree to provide truthful information when submitting client records, policy details, claim forms, KYC documents, and payment information. Where you provide information about another person, you confirm that you are authorized to do so and have notified them of our use of their personal data as described in our Privacy Policy.
You must use the platform only for lawful insurance and agency-related purposes and in accordance with your assigned role and permissions.
- Do not share your password or OTP with others.
- Do not attempt to access data, modules, or actions outside your authorized role.
- Do not upload false, forged, or misleading documents.
- Do not interfere with platform security, availability, or other users' accounts.
6. Insurance Products And Third Parties
Insurance cover is ultimately provided by licensed insurers, not by Brooks. Brooks acts as an insurance intermediary and agency platform operator. Policy terms, premiums, exclusions, and claim decisions are governed by the relevant insurer and policy documentation.
To facilitate our services, we may share information with insurers, reinsurers, payment processors, claims administrators, ERP providers, and other intermediaries that need to process information to perform their role in the insurance industry, as described in our Privacy Policy.
Your consent to processing of personal information, including sensitive personal information such as age and marital status where applicable, is a necessary condition for us to provide requested services. Withdrawal of consent may prevent us from continuing to provide services or maintaining insurance cover.
7. Fees, Payments And Records
Premiums, levies, stamp duty, PHCF, commissions, and other amounts displayed on the platform are based on configured insurance class parameters, insurer arrangements, and data entered by authorized users. You are responsible for verifying amounts before issuing debit notes, recording payments, or relying on platform calculations.
Payment records entered on the platform do not themselves constitute settlement with an insurer until confirmed through Brooks' internal finance processes and applicable remittance procedures.
We may retain transaction and policy records for as long as your account is active or as required by law, as set out in our Privacy Policy.
8. Acceptable Use
You may not use the platform to engage in fraud, money laundering, identity theft, harassment, unauthorized data scraping, reverse engineering, or any activity that violates Kenyan law, IRA regulations, data protection law, or these Terms.
We may monitor use of the platform for security, compliance, and service quality. We reserve the right to investigate suspected misuse and to cooperate with regulators or law enforcement where required.
9. Intellectual Property
The platform, including its software, branding, design, documentation, and content made available by Brooks, is owned by or licensed to Brooks and protected by applicable intellectual property laws.
You receive a limited, non-exclusive, non-transferable right to use the platform for authorized business purposes while your account remains active and in good standing. You may not copy, modify, distribute, sell, or create derivative works from the platform except as expressly permitted.
10. Cookies And Online Tools
We may use cookies and similar technologies on our websites, systems, apps, and emails to improve your experience, maintain sessions, and understand how the platform is used.
You can configure your browser to reject cookies, but some parts of the platform may not function correctly if you do so. See our Privacy Policy for more information.
11. Marketing Communications
If you give us permission, we may contact you about products, services, and offers by post, email, SMS, WhatsApp, or social media. You may opt out at any time by contacting dpo@brooks.co.ke.
12. Suspension And Termination
We may suspend or terminate your access immediately if you breach these Terms, misuse the platform, provide false information, fail to pay applicable fees where due, or where required by law or regulator instruction.
You may stop using the platform at any time. Termination does not affect obligations that accrued before termination, including record retention, outstanding premiums, claims handling, or legal compliance duties.
Upon termination, we may retain and process your information as permitted by law and our Privacy Policy.
13. Disclaimers
The platform is provided on an "as is" and "as available" basis to support agency operations. While we take reasonable steps to maintain accuracy and security, we do not warrant that the platform will be error-free, uninterrupted, or fit for every purpose.
Information on the platform does not constitute legal, tax, or insurance advice. You should verify policy wording, regulatory requirements, and client instructions independently where appropriate.
We are not responsible for the privacy policies or practices of linked or third-party websites or services outside our control.
14. Limitation Of Liability
To the fullest extent permitted by law, Brooks shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, goodwill, or business opportunity arising from your use of the platform.
The provision of your personal information and use of the platform is voluntary. You may choose not to provide requested data, but failure to do so may inhibit our ability to provide services to you.
Nothing in these Terms limits liability that cannot be limited under applicable Kenyan law, including liability for fraud or wilful misconduct.
15. Privacy And Data Protection
Your use of the platform is also governed by our Privacy Policy, which explains how we collect, use, store, share, and protect personal information.
By using the platform, you acknowledge that you have read our Privacy Policy. Data may be stored in Kenya and, where necessary, processed through cloud services or other countries with appropriate safeguards as described in the Privacy Policy.
16. Changes To These Terms
We may modify or update these Terms from time to time to reflect changes in our services, legal requirements, or regulatory obligations. We will notify you of material changes through the platform, email, or other reasonable means.
Continued use of the platform after changes take effect constitutes acceptance of the updated Terms.
17. Governing Law
These Terms are governed by the laws of the Republic of Kenya. Any dispute arising out of or relating to these Terms or the platform shall be subject to the exclusive jurisdiction of the courts of Kenya, unless otherwise required by mandatory law.
18. Contact Us
If you have questions about these Terms or need support relating to your account, contact us at:
Brooks Insurance Agencies Limited, 1113 Kayahwe Rd, Off Galana Rd, Kilimani, P.O Box 15850-00100 Nairobi, Kenya Tel: 0111023600 Email: dpo@brooks.co.ke