Terms of Use

Last modified: June 3, 2018

Hello and welcome to https://kiwiinsure.co (the “Site”). The Site is owned and operated by Kiwi Insurance, Inc. (hereinafter, “Kiwi”, “we” or “us”). The use of our Site and online and other services (collectively, the “Service”) is subject to the following terms of use and the conditions of our Privacy Policy. By using the Service, you agree to these Terms of Use.

Please read these Terms of Use carefully to ensure that you understand everything. We may update our policies from time to time and it is your responsibility to check for updates.

By accessing the Service you signify that you have read, understood, and agree to be bound by these Terms of Use and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service.

THESE TERMS OF USE INCLUDE (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) AN INDEMNITY BY YOU FOR CERTAIN DAMAGE SUFFERED BY US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AGREE TO THESE PROVISIONS.

Use of our Service
  1. Who can use our products and services
  2. Our intellectual property
  3. We offer insurance services only
  4. Our partners and third-party service providers
  5. Indemnity, limitation of liability, no warranties
  6. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
  7. Other legal terms
Who can use our products and services

This is a contract between you and Kiwi. You must read and agree to these terms before using the Service, and if you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Kiwi, and only in compliance with these Terms of Use and all applicable local, state, national, and international laws, rules and regulations.

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.

You agree that: (i) you will not use the Service if you are not fully able and legally competent to agree to these Terms of Use; (ii) you will only use the Service for lawful purposes; (iii) you will not use the Service for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (iv) you will not use the Service to advertise, solicit or transmit commercial advertisements, including “spam”; (v) you will not use the Service to cause nuisance, annoyance or inconvenience; (vi) you will not impair the proper operation of the network; (vii) you will not try to harm the Service in any way whatsoever; (viii) you will not copy, or distribute the Service or other content without written permission from Kiwi; (ix) you will only use the Service for your own use and will not resell it to a third party; (x) you will keep secure and confidential your account password or any identification we provide you which allows access to the Service; and (xi) you will provide us with whatever proof of identity we may reasonably request.

Our intellectual property

The contents of the Service, including the “look and feel”, any witticisms, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, proprietary content and other materials and all related intellectual property rights, are the exclusive property of Kiwi and its licensors, and protected under both United States and foreign laws. You acknowledge and agree that Kiwi and/or its licensors own all right, title and interest in and to the Service (including all intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Kiwi’s (or its licensors’) intellectual property rights on account of these Terms of Use. You acknowledge and agree that the features and functionality of the Service, and all software, content, data, information and materials contained therein are the confidential and proprietary information of Kiwi (or its licensors), and accordingly you agree to (i) maintain the confidentiality of such information using reasonable efforts and care (but in no event less than the same efforts and care you use to protect your own confidential and proprietary information) and not disclose such information to any third party without the prior written consent of Kiwi, and (ii) only use such information for the purposes of using the Service provided by Kiwi hereunder.

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.

We offer insurance services only

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.

Our partners and third-party service providers

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 may contain links to third-party materials that are not owned or controlled by Kiwi. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service, you do so at your own risk, and these Terms of Use and Kiwi’s Privacy Policy do not apply to your use of such sites. You relieve Kiwi from any and all liability arising from your use of any third-party website, service, or content.

Indemnity, limitation of liability, no warranties

You agree to defend, indemnify and hold harmless Kiwi and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of these Terms of Use, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, right provided by any labor or employment law, rule, or regulation, or intellectual property right; (iv) your violation of any applicable law, rule or regulation; (v) any content or account information that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your gross negligence or willful misconduct; or (vii) any other party’s access and use of the Service (or access and use of any third-party service via the Service) with your unique username, password or other appropriate security code (or, with respect to third-party services, your account information).

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.

Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. These Terms of Use give you specific legal rights, and you may also have other rights that vary from state to state. The disclaimers and exclusions under these Terms of Use will not apply to the extent prohibited by applicable law.

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.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms of Use give you specific legal rights, and you may also have other rights that vary from state to state. The disclaimers, exclusions, and limitations of liability under these Terms of Use will not apply to the extent prohibited by applicable law.

Governing Law, Arbitration, and Class Action/Jury Trial Waiver

Governing Law

You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences, (x) with respect to Insurance Services requested by you, the substantive insurance laws of the state in which the Insurance Services are provided or any insurance policy is issued shall apply to the policy, and (y) with respect to the substantive law, any arbitration conducted pursuant to the terms of this agreement shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Kings County, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, dilution or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Kings County, New York is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

Arbitration

Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Kiwi. For any dispute with Kiwi, you agree to first contact us at info@kiwiinsure.co and attempt to resolve the dispute with us informally. In the unlikely event that Kiwi has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms of Use, or the breach or alleged breach thereof (collectively, “Claims”), by binding confidential arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at http://www.jamsadr.com. The arbitration will be conducted in Kings County, New York, unless you and Kiwi agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Kiwi from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution or violation of our data security, intellectual property rights or other proprietary rights.

Class Action/Jury Trial Waiver
With respect to all persons and entities, regardless of why they have obtained or used the Service, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by using the Service and agreeing to these Terms of Use, you and Kiwi are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

Other legal terms

General assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kiwi without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Notification procedures and changes to these Terms of Use

Kiwi may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, mobile push notification, written or hard copy notice, or through posting of such notice on our website, as determined by Kiwi in our sole discretion. Kiwi reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as provided in the Service. Kiwi is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Kiwi may, in its sole discretion, modify or update these Terms of Use from time to time, and so you should review this page periodically. When we change these Terms of Use in a material manner, we will update the “last modified” date at the top of this page and notify you that material changes have been made to these Terms of Use. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, you may not use or access the Service.

Termination

If you breach these Terms of Use, all licenses granted by Kiwi, including permission to use the Service, will terminate automatically. Additionally, Kiwi may suspend, disable, or delete your account and/or the Service (or any part of the foregoing) with or without notice, for any or no reason. If Kiwi deletes your account for any suspected breach of these Terms of Use by you, you are prohibited from re-registering for the Service under a different name. In the event of account deletion for any reason, Kiwi may, but is not obligated to, delete any of Your Content. Kiwi shall not be responsible for the deletion of (or failure to delete) Your Content. All sections which by their nature should survive the termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms of Use or access to the Service by Kiwi or you. Termination will not limit any of Kiwi’s other rights or remedies at law or in equity.

Entire Agreement/Severability

These Terms of Use, together with any amendments and any additional agreements you may enter into with Kiwi in connection with the Service, shall constitute the entire agreement between you and Kiwi concerning the Service. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

Taxes

You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms of Use or your use of the Service by any authority.

No Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Kiwi’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

How to contact us

Please contact us at info@kiwiinsure.co with any questions regarding these Terms of Use.