(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.
“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 Adviser Service” has the meaning set out in section 9 of the Financial Advisers Act 2008, 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.
“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.
“Sovereign” means Sovereign Assurance Company Limited.
“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.
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.
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.
(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.
(ii) We will use reasonable endeavours to ensure that any quote calculated and provided to you by our Website quote engine is correct.
(iii) We will promptly process and submit to Sovereign any validly-completed application for insurance which you submit to us through our Website.
(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.
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 Sovereign 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 Sovereign at that premium amount.
(iii) A formal offer of insurance by Sovereign to you requires assessment and acceptance by Sovereign 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 Sovereign 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 Sovereign.
(v) Any insurance policy which is issued to or in respect of you through your use of our Website is issued by Sovereign and not by us, and we are not a party to any such policy.
(vi) We have no responsibility to you or to any party whatsoever for the performance by Sovereign of any of its obligations under any insurance policy which it issues to or in respect of you through your use of our Website.
(vii) 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 Sovereign.
Without attempting to limit the provisions of the Financial Advisers Act 2008, you accept that our Website does not provide any Financial Adviser Service which is a personalised service within the meaning of that Act.
By using our Website:
(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.
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.
(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.
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 Sovereign.
(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.
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.
You warrant that:
(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 12 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.
To the maximum extent permitted by law:
(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.
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.
(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.
(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.