Your Terms & Conditions with Frankie

GENERAL TERMS

1.1    Acceptance of terms and conditions: The terms and conditions are the terms on which you, the insured, and Frank Risk New Zealand Ltd (referred to hereafter as Frankie) agree to transact insurance business online. Purchasing your insurance policy online and ticking the ‘I accept the terms and conditions’ box you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.

 

1.2    Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Frankie from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the website and/or renewal of policies represents your agreement to be bound by the terms and conditions as amended.

 

1.3    Terminology: In these terms and conditions, the following expressions have the meanings set out:
‘User’ means you or your, a person who has purchased a policy through this website.
‘Services’ means any one or more of the services offered by Frankie from time to time, including online insurance, claims updates and management, message boards and blogs, “other services that Frankie may offer;
‘we’, ‘us’ and ‘our’ are a reference to Frankie;
‘you’ and ‘your’ are a reference to you and any legal entity or company you have notified as an insured party or entity;

‘Application’ means the total of the questions you answer in order to have a policy issued to you.  This is also known as the ‘Insurance Proposal’ 

‘Website’ means any Frankie website through which the services are offered; ‘Insurer’ means the underwriter of your insurance policy.

1.4.  Authorisation:  You agree that you have the authorisation to act of behalf of the insured entity, company, or organisation you have specified in your application. 

SPECIFIC

2.1    The services: Frankie is an online insurance marketplace.  Frankie from time to time may add new insurance products and services to the marketplace.  It will inform its users/policyholders of new products.   The policy wordings for each product are expressly provided.  Summaries of the products are also available on the site.

 

2.2    Disclaimer: You expressly understand and agree that:

1. It is Frankie and/or the insurers prerogative whether to offer and continue to provide you with insurance cover.
2. Information provided on the website is of a general nature only and should not be taken as advice that is specific to your particular situation or business. If you choose to contact and engage Frankie for specific services you may apply to engage Frank Risk for a custom service.    
3. No advice or information that is obtained by you from Frankie or anyone else shall create any warranty by Frankie that is not expressly stated in these terms and conditions or the terms and conditions of your policy contract; and
4. The responsibility to act in good faith and disclose all material circumstances as required by law and by contact are your sole responsibility as the insured.
5. While Frankie has systems in place to reduce the risk of credit card fraud, Frankie is not responsible for protecting members from credit card fraud. Windcave’s fraud protection systems may from time to time block legitimate credit card payments. In these cases payment may need to be made by other means.
6. While Frankie facilitates the payment with Windcave (https://www.windcave.com) it is not responsible for the misuse of credit card information.  Windcave is a SSL secure payments system.

 

2.3    Liability:  You agree that, to that which is permitted by law, any and all liability and responsibility of Frank Risk New Zealand Ltd to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, or your use of or inability to use, the services or this Website, is applicable only to the extent that Frankie is considered grossly negligent. Should such situation arise, our liability is limited to an amount equivalent to two times the fee disclosed on your most recent transaction.

 

2.4    Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions.

 

2.5   Representation:  We make no representation or warranty concerning the solvency or ability of any insurer to pay claims.  In New Zealand, insurers are required to comply with the provisions of the New Zealand Insurance Companies (Ratings and Inspections) Act 1994.  Our website and any policy documentation will show the particular insurer’s claims paying rating.  We only deal with insurers who have an A- (Standard and Poors Financial Strength Rating) or stronger.    

 

2.5   Breach: Without limiting any other rights and remedies available to Frankie, Frankie may limit your activities on the Website, or refuse to provide our Services to you if you breach these terms and conditions and/or where Frankie considers it appropriate your insurance policy(s) may be cancelled with appropriate  notice;  refer 2.6 below. 

 

2.6   Policy Cancellation: Frankie or your insurer may cancel your insurance policy. 30 days notice of the intention to cancel must be provided. The insurer or Frankie may determine that, either from the information you have provided or due to a breach as detailed in 2.5 or due to a change in underwriting parameters, they do not wish to continue to insurer you. If this happens you will be issued with a 30 day cancellation notice by email. A pro-rata refund of the premium will be provided to you once the cancellation is made

 

2.7  Renewal of Your Insurance Policy: Policy renewal will be offered to you every prior to the the expiry of your annual policy. During this process we will automatically charge the credit card you used to obtain the policy (or credit card details you have updated since) with the renewal premium. We email you 30 days prior to the renewal of your policy advising you of the upcoming renewal of your policy. You will need to confirm the renewal prior to the policy expiry – if you do not do this the policy will expire and insurance will lapse.

 

2.8  Contacts: All insurance specific queries can be addressed by Frankie.  All technology/website related queries can be addressed by Frankie.  Refer to the website contacts page for all contact options. 

 

GETTING INSURED

3.1    Becoming a Frankie User: You become a client/user of Frankie when you purchase your first policy.  You agree that you are in a position to form a legally binding contract that is enforceable against you or the insured organisation you represent. 

 

3.2    Accurate Information: You warrant that you have provided complete, accurate and current information when applying for cover with us. You must maintain and update your personal information held by Frankie to ensure it is kept current at all times.  Frankie may phone, email or mail you to verify these details.

 

3.3    Termination as User: Frankie reserves the right to decline to register, or to terminate your user without entering into further discussions with you. Without limiting the foregoing.

 

3.4    Security of your login information:  We will provide you with policy information and may provide you with login details.  You are responsible for keeping your information, including your email address and any password, secret and secure.

 

3.5    Next working day coverage confirmation:  Insurance cover commences from the policy effective date you select, however, the insurer will need to review your information and the insurer reserves the right to cancel the cover with retroactive effect.  The insurer (through the offices of Frankie) must notify you of their decision to do so by 5.00pm (NZ Standard Time) on the working day following the policy commencement date.  If the insurer chooses decides to cancel under this clause a full refund of the premium will be issued to you.  If you are not notified within this time frame the policy conditions apply as per normal. 

 

3.6    Emails and newsletters: Frankie will send you emails relating to your insurance, and your transactions.  Frankie may also send you emails for promoting and marketing other Frankie products and services to you. Frankie may also send regular electronic newsletters. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.

IMPORTANT OBLIGATIONS
4.1    Your obligations as the insured party:

1. You must comply with all warranties, endorsements and conditions of the insurance contract (policy wording).
2. You are to act in good faith at all times.
3. You must comply with all statutory requirements and common law rules relating to the transacting of insurance business.
4. To become insured you must make payment online by using a credit card.
5. You have a general duty of disclosure. You are responsible on an ongoing basis for providing the insurer with all material facts relating to the insurance contracts you transact online. Material facts are those that would influence an insurer when they were deciding whether to accept the risk, and the terms and conditions that would apply. Failure to provide full and accurate information may mean that your cover is reduced, cancelled, or if the non-disclosure is fraudulent, the insurer may be able to avoid (cancel) the contract from the beginning. If you are in any doubt as to what facts are considered to be material you should disclose them to the insurer.
6. You must provide accurate, complete and timely information to us. You are responsible for all information you provide in any online application/proposal, claim form or other material document. We are not responsible for checking the accuracy or completeness of any information you provide to us or any insurer. We will not be responsible for any consequence resulting from a failure by you to disclose all material facts to an insurer (including, without limitation, the possibility of your insurance policies being rendered void or limited)
7. You must advise us (or your insurers) as soon as is reasonably practicable of an event or circumstance that may give rise to a claim or potential claim.  If you do not inform us (or your insurers) of such a claim or potential claim you may prejudice your rights under your insurance contracts.  You will be advised if you need to complete or produce documentation to support your claim.
8. After receiving your insurance documents from us, you should check them and advise us promptly of anything that does not meet your requirements.  Any errors should be notified to us immediately.
9. Please note that we have no obligation to fund any premium, taxes or fees (if applicable) on your behalf and we have no responsibility for any loss you may suffer as a result of insurers cancelling the insurance or taking any prejudicial steps as a result of late payment.

REMUNERATION 
5.1     Income & Premiums

1. Frankie charges a disclosed fee to place, transact and manage your insurance. This fee is shown on the invoice provided to you. 
2. Frankie does not earn commission any transactions with you; Frankie operates on a disclosed fee basis only.
3. The invoice will detail the net premium amount paid to insurers.
4. Frankie reserves the right to change the fees charged for any Services at any time..
5. All ‘total premiums’ are inclusive of relevant government levies; including Fire Service Levy and Government Earthquake Levy – if applicable. These levies will be detailed on your invoice.
6. All amounts quoted on the website are inclusive of any Goods and Services Tax (GST), if applicable. Note that as some insurance covers are placed with an offshore underwriter (Such as Lloyds of London) GST will not apply to the Insurer Premium component of the charge to you.  This will be detailed on your invoice.  

 

OTHER GENERAL PROVISIONS

6.1    System Integrity: Frankie will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Frankie takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Frankie assumes no responsibility for the corruption of any data or information held by Frankie.

 

6.2    Compliance: Frankie is governed by the Insurance Intermediaries Act 1994 and the Financial Advisors Act 2008.  As a registered Financial Service Provider (FSP), we are required to be a member of a dispute resolution service.  We are members of the Financial Services Complaints (FSCL) - A Financial Ombudsman disputes resolution service; participant number 7339.  This is a requirement of our registration and of the Financial Service Providers (Registration and Disputes Resolution) Act 2008.

 

6.3    Complaints: We have an Internal Dispute Resolution process.  If you have a complaint of any type about our services or our provision of insurance, you are encouraged to notify us of your complaint and we will attempt to resolve it internally before it is referred to our external complaints resolution service (ISO). 

To initiate an internal complaint please contact ‘The Managing Underwriter’ at [email protected]. We will handle your complaint quickly and professionally.   We also have an internal dispute resolution plan.  

 

6.4    Force Majeure: Without prejudice to clause 2.3, Frankie has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Frankie to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Frankie.

 

6.5    No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

 

6.6    Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

 

6.7    Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

 

6.8     Intellectual Property Rights: Frankie (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.

You may not without our prior written permission, in any form or by any means:

1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish any part of this Website; or
2. Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.

Frankie is a registered trademark of Frank Risk Management Limited.

 

6.9    Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

 

6.10    Privacy: Frankie collects personal and risk related information about you through your use of the Services and the Website, including: your details; and information relating to your use of the Website and the content you access.

 

6.11    Currency: All premiums, charges, excesses, fees, insured values and other figures referred to or requested are in New Zealand Dollars.

 

In order to establish valid insurance contracts, Frankie will pass your personal and risk related information onto third party insurers.  This is necessary for an insurer to underwrite the risk.  You agree that this information will be provided to insurers and another person involved with underwriting the risk or assessing/managing any claims.
You agree that Frankie may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other Frankie products and Services to you, and for any other use that you authorise.

We will not sell or allow third parties to access your personal information without your consent or unless otherwise agreed under these terms and conditions.  Please refer to the Frankie Privacy Policy for further details about privacy and protection of information.