KiwiCover

In these Terms of Use:

(i) The headings and subheadings are for convenience of reference only, and do not affect interpretation.
(ii) Defined words and phrases are generally indicated by capital letters, but the absence of a capital letter does not alone imply that the word or phrase is used with a meaning different from that given by its definition.
(iii) Unless inconsistent with the subject matter or context, words denoting the singular number include the plural number, and vice versa.

1. Definitions
- “Content” means all text, images, audio, video, graphics, layout, design, databases, tools, calculators and information contained in and generated by our Website.
- “Cookie” means a type of computer file used on the internet for storing, retrieving, tracking and authenticating user information and activity.
- “Financial Advice” has the meaning set out in section 431C(1) of the Financial Markets Conduct Act 2013, as amended from time to time.
- “Financial Advice Service” has the meaning set out in section 6(1) of the Financial Markets Conduct Act 2013, as amended from time to time.
- “Intellectual Property” means (whether registered or unregistered): trade marks, service marks, patents, copyright, images, designs, symbols, forms, shapes, signs, sounds, techniques, processes, databases, innovations, inventions, instructions, concepts, expressions, ideas and know how.
- “Privacy Policy” means our Privacy Policy, as separately displayed on our Website and as amended from time to time.
- “Software” means any representation of instruction, code, program or data contained in or generated by our Website which is recorded or written in a computer language, or is contained within a computer language script.
- “AIA” means AIA New Zealand Limited.
- “Terms of Use” means the terms and conditions under which you may use our Website, as set out on this page from time to time.
- “use” and “using” means the accessing, downloading, copying or use of the whole or any part of our Website, including (but not limited to) its Content and Software.
- “we”, “us” and “our” means KiwiCover Insurance Limited, and with respect to our rights (but not our obligations) includes any company within the group of companies of which KiwiCover Insurance Limited forms part, and further includes those companies’ directors, officers and employees.
- “Website” means this website, namely the internet site hosted on the domain name www.kiwicover.co.nz, and with respect to our rights (but not our obligations) includes any other website operated by us.
- “you”, “your” and “user” means you and any person, company, organisation or other entity which uses our Website.
2. Acceptance
- By using our Website you unconditionally accept these Terms of Use, and you agree that such use constitutes your communication of that acceptance to us.
3. Use
- 3.1 New Zealand Only
  - You may use our Website only if:
    - (i) you are a New Zealand citizen or permanent resident; or
    - (ii) you have a current New Zealand work permit; or
    - (iii) you have a current long-term New Zealand business visa.
- 3.2 Non-Commercial Use
  - You may only use our Website:
    - (i) for your own personal use, or the personal use of a member of your family; or
    - (ii) if you are a business, and subject to clause 3.2(iii) below, in relation to individual insurance for an owner, director, officer or employee of your business, or in relation to group insurance for your employees.
    You may not use our Website under any circumstance whatsoever:
    - (iii) if you are an owner, director, officer, employee, contractor or adviser of a business which is in commercial competition with us in any respect; or
    - (iv) for any commercial purpose, other than the use specified in clause 3.2(ii) above.
4. Obligations
- 4.1 Your Obligations
  - (i) You may only use our Website for a lawful, proper and genuine purpose, and in accordance with these Terms of Use.
  - (ii) You must not use or misuse our Website in a way which could affect the integrity or functionality of our Website or any computer network which our Website uses.
  - (iii) You must not test or attempt to degrade our Website’s security or the security of any computer network which our Website uses.
  - (iv) You must not attempt to gain access to any part of our Website which is password-protected or is otherwise secured in order to prevent unauthorised access.
  - (v) You must not attempt to view, copy, modify, adapt, decompile or reverse engineer any Software in our Website.
  - (vi) You must not enter any false data or information into any field on our Website, or use any part of our Website in order to test or comprehend its processes.
  - (vii) You must not input any computer file or computer program into our Website.
  - (viii) You must ensure that all information which you provide to us in any application for insurance you submit through our Website is truthful and complete, and you accept your duty of disclosure as specified in the declaration referred to in the relevant insurance application form on our Website.
  - (ix) You must comply with these Terms of Use at all times, and comply with all applicable laws, regulations and other enactments.
- 4.2 Our Obligations
  - (i) These Terms of Use do not create any obligation by us to you other than an obligation which is expressly created in this clause 4.2.
  - (ii) We will use reasonable endeavours to ensure that any quote calculated and provided to you by our Website is correct on the basis of AIA’s standard premium rates.
  - (iii) Subject to clauses 4.3(iv) and 4.3(v), we will promptly process and submit to AIA any validly-completed application for insurance which you submit to us through our Website.
  - (iv) We will comply with the terms of our Privacy Policy.
  - (v) We have no obligation to you whatsoever to make our Website, or its Content, Software or functionality, available to you at any time.
  - (vi) Subject to clause 4.2(ii), we have no obligation to you whatsoever for the accuracy, appropriateness or completeness of any Content or of any output generated by our Website.
- 4.3 Insurance Quotes and Policies
  - You agree that:
    - (i) Any quote for insurance which you obtain through using a quoting mechanism on our Website does not constitute an offer of insurance by us or by AIA to you.
    - (ii) The premium component of any quote for insurance which you obtain through using a quoting mechanism on our Website indicates the premium which would apply only in the first year of the relevant policy and not in any subsequent year, and which would only apply in that first year if an application by you for such a policy was accepted by AIA at that premium amount.
    - (iii) A formal offer of insurance by AIA to you requires assessment and acceptance by AIA of a validly completed application for insurance which you submit, and communication to you of the terms and conditions (including the first year premium amount) under which AIA is prepared to issue an insurance policy to or in respect of you.
    - (iv) We may seek and obtain from any credit reporting agency a report which provides details of your credit score, credit history and other credit-related information (a comprehensive credit report), and if such a report is not satisfactory to us in every respect we may in our absolute discretion decline to submit your application for insurance to AIA.
    - (v) We reserve the right to decline to submit your application for insurance to AIA, even when validly completed, if in our absolute discretion we determine that it would be in your better interests to consult with a financial adviser in relation to your insurance needs.
    - (vi) Any insurance policy which is issued to or in respect of you through your use of our Website is issued by AIA and not by us, and we are not a party to any such policy.
    - (vii) We have no responsibility to you or to any party whatsoever for the performance by AIA of any of its obligations under any insurance policy which it issues to or in respect of you through your use of our Website.
    - (viii) You will not make any claim or bring any complaint against us in relation to any amount prospectively payable under any insurance policy issued to or in respect of you by AIA.
- 4.4 No Advice
  - Without attempting to limit the provisions of the Financial Markets Conduct Act 2013, you accept that our Website provides general information only about the AIA life and health insurance products we distribute, and that our website does not provide Financial Advice or a Financial Advice Service within the meaning of that Act.
- 4.5 Privacy
  - By using our Website:
    - (i) You accept our Privacy Policy.
    - (ii) You accept the placement, functionality and purpose of any Cookie sent by our Website and stored on any computer you use to access our Website.
5. Property
- 5.1 Copyright
  - Our Website, including its Content and Software, is owned by us and is subject to copyright protection. We reserve all rights granted by that ownership and by that protection.
- 5.2 Intellectual Property
  - (i) With the exception of any trade mark used by us under licence, we own all Intellectual Property in our Website, including (but not limited to) its Content and Software, and we have exclusive rights in that Intellectual Property (including any moral right conferred by law). You accept our ownership of those rights, and you agree that you do not have and will not acquire any such right whatsoever, through use of our Website or otherwise. You further agree that you will not at any time assert any claim to or interest in any of those rights.
  - (ii) You agree that you will not copy, reproduce or use any of the Intellectual Property in our Website without our prior written consent, unless that copying, reproduction or use is incidental to your legitimate use of our Website in accordance with clauses 3.2(i) and 3.2(ii) of these Terms of Use, and is in compliance with these Terms of Use.
6. Links
- 6.1 Inbound Links
  - You agree that any link which you provide to our Website from any other website or resource is subject to the following conditions:
    - (i) You must not present the link in a manner which suggests that we have any affiliation or association with you or the website or resource on which the link is placed, without our prior written consent.
    - (ii) You must not incorporate or use any Content from our Website in the website or resource in which the link is placed, including by framing, in-lining or any other means.
    - (iii) Subject to clause 6.1(iv), other than the plain text name of our Website or the plain text title of a page on our Website, you must not use any of our Intellectual Property in or with the anchor text or graphic of the link.
    - (iv) The link must not form part of any advertisement.
    - (v) The website or resource on which the link is placed must not contain any false or misleading information about us or about AIA.
    - (vi) The website or resource on which the link is placed must not contain any content, or have any functionality, which is unlawful or which could be construed as being distasteful or offensive.
    - (vii) You unconditionally agree to remove the link immediately if requested by us to do so, without (for the avoidance of doubt) requiring any reason for such request.
- 6.2 Outbound Links
  - According to common internet practice and for the convenience of users, our Website contains links to other websites and resources. You agree that:
    - (i) Such links do not imply that we recommend or endorse any of those websites or resources in any respect.
    - (ii) We are not responsible for the content, accuracy or completeness of any website or resource which we provide a link to.
    - (iii) Your use of any link which we provide on our Website, and any website or other resource to which the link directs, is solely at your own risk.
7. Warranties
- 7.1 Your Warranties
  - You warrant that:
    - (i) You have legal capacity to contract in New Zealand, and that you satisfy clause 3.1 of these Terms of Use.
    - (ii) All information which you provide in any form you submit to us through our Website is true, accurate and complete, and is not misleading, deceptive or fraudulent in any respect.
    - (iii) You will immediately refund to us any incentive payment, including any Cash Bonus payment, which we make to you if you do not pay when due the first 18 months’ premium payments for the policy in respect of which the incentive payment was made, and you agree that you are liable to us for such refund in that circumstance.
    - (iv) You will fully comply with these Terms of Use in all respects and at all times.
- 7.2 Our Warranties
  - To the maximum extent permitted by law:
    - (i) Nothing which you obtain from us through use of our Website or otherwise shall create any warranty which is not expressly created by these Terms of Use.
    - (ii) We do not warrant or represent that our Website will be accessible, functional or secure at any time.
    - (iii) Our Website, including its Content and Software, is provided on an ‘as available’ and ‘as is’ basis without any warranty whatsoever. Your use of our Website is solely at your own risk. We do not warrant or represent that our Website is free of any errors, inaccuracies, omissions, viruses or other malware. We do not warrant that our Website is up to date, appropriate for your purposes or suitable for your use.
    - (iv) We do not provide any warranty or representation whatsoever with respect to any link placed on our Website, or to any website or other resource to which any such link directs.
    - (v) All implied warranties and conditions through your use of our Website are expressly excluded, including (but not limited to) warranties of fitness for purpose, non-infringement, title and merchantability.
8. Disclaimer
- To the maximum extent permitted by law, we disclaim any and all liability (in contract, tort or otherwise) to you and to any third party for any direct, indirect or consequential loss or damage caused by or through:
  - (i) Your use of our Website, including (but not limited to) use of its Content or Software.
  - (ii) Your inability to access or use our Website or any part of it.
  - (iii) Your use of any link on our Website, or use of any website or other resource to which we link.
  - (iv) Any act or omission by us.
  - (v) Any act or omission by any third party.
9. Indemnity
- You agree to indemnify us and to keep us indemnified and held harmless from and against all losses, liabilities, damages, costs, claims, actions and proceedings, including legal costs and expenses, which we suffer as a consequence of any breach (or claimed breach) by you of these Terms of Use, or as a consequence of any act or omission (or claimed act or omission) by you in connection with your use of our Website, including (but not limited to) use of its Content or Software.
10. Breaches
- Without prejudice to or waiver of any of our other rights under these Terms of Use or at law, if you breach these Terms of Use in any respect whatsoever, or if we have reasonable grounds to believe that you have breached these Terms of Use, we may:
  - (i) Prohibit you from accessing or using our Website;
  - (ii) Block the IP address of any computer you use to access our Website;
  - (iii) Contact your internet service provider and request that they block your access to our Website;
  - (iv) Bring legal proceedings against you; and/or
  - (v) File a civil or criminal complaint with any relevant authority against you.
11. Waiver
- If either we or you do not exercise or enforce, or delay in exercising or enforcing, any right under these Terms of Use, such non-exercise or non-enforcement, or delay in exercising or enforcing, that right:
  - (i) Does not constitute a waiver of that right.
  - (ii) Does not constitute a waiver of any right for any subsequent breach or other event.
- No waiver of any of our rights, and no waiver of any your rights, under these Terms of Use shall have any effect whatsoever unless given in writing by us to you or by you to us, as the case may be.
12. Law
- 12.1 Jurisdiction
  - These Terms of Use are governed and construed in accordance with the laws of New Zealand, and you accept the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with these Terms of Use.
- 12.2 Severability
  - If any provision in these Terms of Use is or becomes, or is held by a New Zealand court of competent jurisdiction to be, unlawful, invalid or unenforceable, that provision shall be deemed to be severed from these Terms of Use and that provision shall not affect the lawfulness, validity or enforceability of any other provision. In that circumstance (and for the avoidance of doubt), all remaining provisions of these Terms of Use shall continue in full force and effect.
- 12.3 Entire Terms of Use
  - These Terms of Use supersede all previous terms of use of our Website, and they constitute the entire Terms of Use with respect to our Website. Any other agreement, understanding, representation, document or statement, whether express or implied and however made, is expressly excluded from these Terms of Use.
- 12.4 Variation
  - Other than by way of amendment in accordance with clause 13 of these Terms of Use, no variation of these Terms of Use shall have any effect whatsoever unless agreed by us in writing.
13. Amendment
- We may amend these Terms of Use without notice at any time, and such amended Terms of Use shall become effective immediately on placement of the amended Terms of Use on our Website. You accept that you become bound by such amended Terms of Use through any use by you of our Website after such placement, and you agree that such use constitutes your communication of that acceptance to us.
14. General
- 14.1 Notices
  - Any notice given by us to you or by you to us under these Terms of Use must be in writing by email. Any such notice will be deemed to have been received by us or by you (as the case may be) one minute after transmission. Notices to us must be sent to service@kiwicover.co.nz, and notices to you will be sent to the most recent email address which you notified to us as being your email address.
- 14.2 No Contractual Effects
  - Nothing in these Terms of Use shall add to or otherwise modify any contract which we may have or enter into with you, or which you may have or enter into with any third party by using our Website.
- 14.3 Non-Assignment
  - You may not assign or transfer any right which you have under these Terms of Use to any other person without our prior written consent.
- 14.4 Third Parties
  - A person who is not a party to these Terms of Use has no rights under these Terms of Use.
- 14.5 Force Majeure
  - Without prejudice to any of our rights under these Terms of Use, we have no liability for any failure to comply with our obligations under clauses 4.2(ii), 4.2(iii) and 4.2(iv) if that failure is due to a cause which is reasonably beyond our control.
- 14.6 Effective Date
  - These Terms of Use became effective on and from 23 July 2021.

Terms of Use

1. Definitions

2. Acceptance

3. Use

3.1 New Zealand Only

3.2 Non-Commercial Use

4. Obligations

4.1 Your Obligations

4.2 Our Obligations

4.3 Insurance Quotes and Policies

4.4 No Advice

4.5 Privacy

5. Property

5.1 Copyright

5.2 Intellectual Property

6. Links

6.1 Inbound Links

6.2 Outbound Links

7. Warranties

7.1 Your Warranties

7.2 Our Warranties

8. Disclaimer

9. Indemnity

10. Breaches

11. Waiver

12. Law

12.1 Jurisdiction

12.2 Severability

12.3 Entire Terms of Use

12.4 Variation

13. Amendment

14. General

14.1 Notices

14.2 No Contractual Effects

14.3 Non-Assignment

14.4 Third Parties

14.5 Force Majeure

14.6 Effective Date