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
1. Who can use our products and services
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 solici iwi 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.
2. Our intellectual property
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.
3. 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.
4. 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.
5. Indemnity, limitation of liability, no warranties
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.
6. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
Class Action/Jury Trial Waiver
7. Other legal terms
How to contact us
You can find out more about our commitment to privacy and how your personal information is collected and used below. Please review the following carefully so that you understand our privacy practices.
Collection of information
Information you provide to us
We collect nonpublic personal information when you register for a Kiwi account or use our Service (including when you apply for any insurance or other product through the Service). Information we collect may include first and last name, phone number, e-mail address, home address, date of birth, social security number, citizenship, employer and other personal information. We may also collect additional information that is normally required by Travel insurance companies for underwriting purposes, including information about your company or employer, your family, your income, assets, net worth and housing, and your existing life and health insurance coverage. We may combine this information with data we collect from you through other methods, such as telephone conversations or electronic document exchange services, including your social security number, bank account number and other financial information. You may also choose to provide us with images of yourself and/or your beneficiary to personalize your account.
Information from other sources
When you register for a Kiwi account or use our Service, we collect nonpublic personal information about you from nonaffiliated third party service providers in order to verify your identity and for fraud prevention.
Information that we collect automatically from our Service
Log Information: We log information about your use of our Service, including the type of browser you use, access times, pages viewed, your IP address, the page you visited before navigating to our Service, and the page you visited before exiting the Service.
Device Information: We collect information about the computer or mobile device you use to access our Service, including the hardware model, operating system and version, unique device identifiers (including, for example, a UDID, Unique ID for Advertisers, Google Ad ID, or Windows Advertising ID) and mobile network information.
Location Information: We may collect your location information from your mobile device with your prior consent.
We may also collect information using web beacons (also known as “tracking pixels” or “clear gifs”). Web beacons are electronic images that may be used in our Service or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon.
Use and Collection of information
We use information collected through your use of the Service to operate, maintain, support, enhance and provide you the features of the Service, and for our internal business operations. We may use your information as follows:
Registering with us
We may use your information to communicate with you, such as to send you email messages, push notifications, and to follow up with you to offer information about our Service and your account, and to offer you promotions and/or products and ask about your satisfaction with the Service. We may also send you Service-related emails or messages (e.g., account verification, transactional communications, change or updates to features of the Service, technical and security notices).
Please note: we only collect what we need and we only share when it’s necessary to help you out.
|Personal info we collect
||Why we collect it?
|Your name, address, and date of birth
||We need this in order to determine the appropriate insurance price based on a risk assessment of your property, your claims history, credit rating, and other attributes.
| Your email address
|| This is part of the account creation process. It’s also the way that we will contact you with policy, service, claims, availability in your region, and news-related communications.
|Your payment information
||This is needed to process your payment. Since we use a third-party payment processor, we have only limited information about your payment transactions.
|Facebook or other social account
|| This may be your preferred method for account creation. You may also use social connection as a way to ease the creation of a Kiwi community or to invite others to Kiwi.
||You may use your contact list to ease the creation of a Kiwi community or to invite others to Kiwi.
|App and device usage statistics We may collect data from your smartphone.
||We aggregate and anonymize this data to look for statistical patterns that can help us give you, and all our users, more precise rates and coverage, as well as to improve overall performance and experience.
|The type of incident, date, and time
||We need this in order to create a record of your claim and to assess how to best respond.
|Your phone number
||We need this in order to contact you. We may share your phone number with our service providers who need to coordinate with you.
|A short video
||This helps us better understand what happened. The video is always kept private.
Applying for Insurance and Other Products
We may collect information you share in connection with any insurance or other product you apply for through our Service. This information will be used by your chosen insurer or other applicable entity to process your application and in conducting any applicable business transactions. Additionally, we may ask you to provide us with your credit card or other payment information and social security number, which will be used (including by such third party) to process your application or collect any fees or premiums associated with your application. Where you have provided personal information to request a quote, we will use your personal information as necessary to provide you with such quote.
We may use your Internet Protocol (IP) address to help diagnose problems with our computer server, and to administer the Service. Your IP address is also used to gather broad demographic data.
Use of Aggregated Information
We use information collected from users of the Service in the aggregate, so that we can improve the Service and for business and administrative purposes.
If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United States.
For more information about your communication preferences, see “Your Choices” below.
Disclosure of information
We may disclose any information we collect about current and former customers, including nonpublic personal information, to affiliates and nonaffiliated third parties as follows:
Travel insurance companies and their administrators, vendors, agents and third party service providers, that are engaged in services related to underwriting and issuing Travel insurance policies, as needed to perform the Service;
With another user, when you sign up for Kiwi’s services via a referral link. The user that referred you may receive information indicating that you have enrolled with Kiwi. You may avoid this sharing by not using a referral link to enroll;
If you were referred to us by, or use our website or call center in connection with, a current or former employer, affinity group, or other organization with which you may be affiliated (or a benefits administrator or consultant associated with such employer, group or organization), we may disclose your personal information to such employer, group, organization, administrator and/or consultant. For example, we may inform such employer, group, organization, administrator and/or consultant whether or not you have enrolled in a plan. Please be assured that these parties are only allowed to use your personal information as permitted by applicable law;
If you submit a request for information or an application for an insurance product offered through an insurance agent or other business partner with whom we associate, then we may disclose your personal information to that agent or business partner to process your request or application or to otherwise provide you with information about insurance products (including contacting you by telephone, email, or otherwise to discuss insurance products in which you may be interested);
Other parties you choose to share data or communicate with through our Service;
With non-financial companies, such as email service providers that perform marketing services on our behalf, and fraud prevention service providers that use the information to provide services to Kiwi and other companies;
With other nonaffiliated companies for our everyday business purposes, such as to operate our business, maintain accounts and respond to court orders and legal investigations. For example, in connection with our everyday business purposes, we may share information about you as follows:
To government or law enforcement officials, agencies, investigators, auditors or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal processes (including but not limited to subpoenas), to protect the property and rights of Kiwi or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical or legally actionable activity.
With our third party service providers who provide services on our behalf, provide customer support, perform Service-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Service features) or to assist us in analyzing how our Service is used; provided these third parties have access to your personal information only to perform these tasks on our behalf, and we will contractually require them to protect and safeguard your personal information to at least the same extent that we do.
With your consent or at your direction, including if we notify you that the information you provide will be shared in a particular manner and you provide such information.
We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.
You may edit your account profile information by logging into your account via our Service. If you wish to delete or deactivate your online account, please email firstname.lastname@example.org, but note that we may retain certain information as required by law or for legitimate business purposes. We may not be able to modify or delete your information in all circumstances, as federal and state law may require that we maintain certain types of information for a set period of time. You may not be able to delete or modify certain information that your Travel insurance carrier, insurance regulators or other parties require that we maintain. If you have any questions about reviewing, modifying or deleting your account information, you can contact us directly at email@example.com
You may opt out of receiving promotional emails and text messages from Kiwi by following the instructions in those messages. Please note that if you opt out, we may still send you transactional or relationship messages, such as those about your account or our ongoing business relations.
If you initially consent to the collection of location information by Kiwi within our applications, you may be able to subsequently stop this collection through your device operating system settings or through your online account settings.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Service.
Social sharing features
Our Service includes social sharing features for common social networks to let users share content. These features are served from third-party services that may serve their own cookies. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features. We are not responsible for the practices employed by the third party providers of social sharing features or platforms.
Analytics and advertising services provided by others
Third Party Tracking and Online Advertising. We may permit third party ad networks, social media companies, and other third party services to collect information about browsing behavior from visitors to our Service through cookies, social plug-ins, or other tracking technology. We may permit third party online advertising networks to collect information about your use of our websites and the Service over time so that they may play or display ads that may be relevant to our Service. Typically, the information is collected through cookies or similar tracking technologies. Such third party ad networks, social media companies, and other third party services may also transfer the information they collect to other third parties where required to do so by law, or where such other parties process the information on their behalf. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device. Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. (To learn more about cookies, clear gifs/web beacons and related technologies and how you may opt-out of some of this tracking, you may wish to visithttp://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org). Depending on your mobile device, you may not be able to control tracking technologies through settings.
Links to other web sites and services
Our Service may integrate with or contain links to other third party sites and services. We are not responsible for the practices employed by third party websites or services embedded in, linked to, linked from, or connected with the Service and your interactions with any third-party website or service are subject to that third party’s own rules and policies. We encourage you to read the privacy policies of these linked websites as their information privacy practices may differ from ours.
From time to time we may display testimonials of satisfied customers on our Site together with other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at firstname.lastname@example.org
Individual California Residents
California Civil Code Section § 1798.83 permits users of our Service that are California residents to request certain information regarding our disclosure of personal information to third parties, if any, for their direct marketing purposes or choose to opt out of such disclosure. To make such a request, you may contact us by email at email@example.com
How to contact us