The products and services described on the Service are only available for persons in those jurisdictions in which they may legally be sold. Nothing on the Service shall be considered a solicitation to buy or an offer to sell anything to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful.
The Service is designed for use in the United States, except for those other countries expressly supported as reflected in the Service.
If you use the Service, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. Further, by using the Service, you warrant that you are at least 18 years of age and possess the legal authority to use the Service. Kiwi does not sell products to minors, but it sells them to adults. Kiwi reserves the right to refuse service, terminate accounts or remove or edit content in its sole discretion.
The logos, trademarks, and service marks used on the Service are pending or registered marks of Kiwi. Nothing on the Service should be construed as granting, by implication, or otherwise, any license or right to use these marks without Kiwi’s prior written permission specific for each such use. All goodwill generated from the use of Kiwi’s marks shall be for the benefit of Kiwi. All logos, trademarks and service marks not owned by Kiwi that appear on the Site are the property of their respective owners.
Any and all (i) suggestions for correction, change and modification to the Service and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Kiwi by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Kiwi or otherwise relating to the Service (collectively, “Revisions”), are and will remain the property of Kiwi. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Service or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Kiwi and Kiwi may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Kiwi any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property rights) that you may have in and to any and all Feedback and Revisions. At Kiwi’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
If you choose to use the Service to purchase insurance, such as accident insurance, that Kiwi is licensed to transact (“Insurance Services”), you agree to (i) designate Kiwi as your agent of record, (ii) authorize Kiwi to communicate such designation as agent of record to any insurance carrier, your prior insurance producer, and any other person or entity Kiwi determines should be advised; (iii) work exclusively with Kiwi for such Insurance Services unless we have expressly agreed to collaborate with another insurance agent, and (iv) permit Kiwi to receive any commission or other form of compensation that any insurance carrier agrees to pay to Kiwi in connection with the provision of Insurance Services.
For clarity, you should not cancel any existing insurance until you have received written confirmation from the insurance company to which you are applying that your new policy is effective. KIWI CAN NOT AND WILL NOT BE HELD LIABLE FOR ANY DAMAGES THAT RESULT FROM YOUR FAILURE TO KEEP EXISTING POLICIES IN EFFECT.
Kiwi provides Insurance Services only, and does not provide other forms of professional advice of the type that may require professional licensing, such as legal, medical, accounting, or tax advice. If we provide you any information in the course of providing the Service, it is for general informational purposes only and should not be construed as professional advice. No action should be taken based upon any such information without first seeking independent professional advice from a person who is licensed and/or qualified in the applicable area.
For clarity, you will be solely responsible for: (i) compliance with any and all applicable laws, rules, and regulations; and (ii) any use you may make of the Service to assist in complying with any such laws, rules, or regulations. The Service does not include any legal, regulatory, accounting, or tax advice, and you will rely solely upon your own advisors with respect to such advice.
For certain services provided directly to you by third parties chosen by you, such as insurance products from an insurance company, Kiwi may highlight certain providers for you. Kiwi holds its partners to high standards and is selective in establishing external partnerships with providers, provided, however, that the listing of any provider is not a recommendation or endorsement of that provider and is not a guarantee of that provider’s quality, competency, or character. You are solely responsible for selecting a provider that meets your requirements. You acknowledge that Kiwi may receive compensation from such providers by virtue of your use of the Service and/or purchase of insurance products.
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service (and all information, content, materials, or products included in the Service) is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Kiwi or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Kiwi, its subsidiaries, its affiliates, and its licensors do not warrant that the information, content, materials, or products included in the Service are accurate, reliable, up-to-date, or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service or Kiwi’s servers or emails are free of viruses or other harmful components. Any content or data downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the Service.
Kiwi does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Kiwi will not be a party to or in any way monitor any transaction between you and third-party providers of products or services, except in those circumstances in which Kiwi expressly agrees to be a party to a transaction between you and third-party providers of products or services. Obligations under insurance policies are the sole responsibility of the issuing insurance company, and are not the responsibility of Kiwi.
Certain results of the Service will be based on preliminary data provided by you and received by Kiwi, without independent verification. Further, the amount of insurance coverage you need may differ from the results depending on information we did not request of you. These results should not be interpreted as a recommendation that you buy or forgo any insurance product or apply for particular amounts of coverage or obtain coverage with particular limits without doing further independent research.
To the maximum extent permitted by applicable law, Kiwi, its affiliates, agents, directors, employees, suppliers and licensors shall not be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will Kiwi be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Kiwi assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of the Service or any information, content, materials, or products included in the Service; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; (vi) any errors or omissions in the Service or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) incorrect account information supplied by you or any account information you failed to update; and/or (viii) the defamatory, offensive, or illegal conduct of any third party. Kiwi, its affiliates, agents, directors, employees, suppliers, and licensors shall not be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an aggregate amount exceeding the commissions earned by Kiwi hereunder in the twelve (12) months preceding the claim that gave rise to the liability.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Kiwi has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.