1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which you, the insured, and Frank Risk Management 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.
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:
2.3 Liability: You agree that, to that which is permitted by law, any and all liability and responsibility of Initio 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.
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.
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.
4.1 Your obligations as the insured party:
5.1 Income & Premiums
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 Insurance & Savings Ombudsman (ISO); participant number 2000275. 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.
Frankie is a registered trademark of Frankie Insurance Limited
6.8 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.
6.9 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.
6.10 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.