Welcome to www.bounceinsurance.co.nz, owned and operated by Bounce Insurance Limited (“Bounce”), a New Zealand Financial Service Provider (FSP749731). We operate this website to enable submission of applications for insurance through Bounce’s direct, online, and mobile application services (the “Services”). Note that the Services do not include any insurance policy which may be issued to you; any insurance policy will be subject to its own terms.
The insurance product offered through Bounce may not be available to all persons in New Zealand. Certain restrictions, conditions, and eligibility requirements apply. The information contained in any Bounce website, mobile application, or other technology is not intended to be an offer to sell or a solicitation in connection with any product or service in any jurisdiction where such an offer or solicitation would be unlawful or in which we, our insurance carrier(s), any managing general underwriters or other service provider, are not qualified to do so.
The content of our website is for your information only and should not be construed as financial advice. The posting of policy information is not a recommendation or opinion for you to buy or sell any insurance product. You should consider the appropriateness of any insurance policy with regard to your objectives, financial situation and needs. You need to decide if the limits, type and level of cover are appropriate for You and will cover any potential losses. We encourage you to seek advice before acting on any information contained on our website or purchasing an insurance policy through us.
Bounce reserves the right, at its sole discretion, to modify or discontinue, temporarily or permanently, the Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on our website or via our application. We will also update the “Last Updated Date” at the top of these Terms. Modifications to these Terms will automatically take effect upon posting; provided, however, that material changes to the Terms will be effective as to an existing User thirty (30) days after posting. By continuing to access or use the Services after we have posted a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to stop using the Services.
Subject to your compliance with these Terms, Bounce grants you a limited, non-exclusive, revocable, non-transferable right to access and view any Bounce content solely for your personal use or personal commercial use as expressly provided in these Terms. You have no right to sublicense the rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, collect, aggregate, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Bounce or its licensors, except for the licenses and rights expressly granted in these Terms. No license or rights are granted to use data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services, provided that they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. Use of the Services by a competitor company, a non-consumer third party, or for any purpose not expressly intended by Bounce is prohibited.
You represent, warrant and agree to the following:
You acknowledge that Bounce has no obligation to monitor your access to or use of the Services or to review or edit any content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other government or regulatory body.
The Services and content are protected by copyright, trademark, and other laws of the New Zealand. You acknowledge and agree that our website and the Services, including all associated intellectual property rights, are the exclusive property of Bounce and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You may use content obtained from the Services for the permitted purposes set forth in these Terms, provided that the following copyright notice appears in all copies of any downloaded or printed materials: "©2022Bounce Insurance Limited. All rights reserved." Any other use is prohibited.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Bounce is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Bounce. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
Bounce may include advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals on the Services. By clicking on the advertisements, you may be shifted to a Website of the advertiser or receive other messages, information, or offers from the advertiser. You acknowledge and agree that Bounce is not liable for the privacy practices of advertisers or the content of their Websites, information, messages or offers. Users are wholly liable for all communications with advertisers and for all transactions subsequently executed.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time: (a) terminate these Terms or your access to our Services, and (b) deactivate or cancel any user’s account.
To the extent permitted by law: (a) if you choose to use our website or the Services, you do so at your sole risk. the services are provided “as is” and “as available,” without warranty of any kind, either express or implied, (b) Bounce makes no representation or warranty that: (i) the operation of the service will be error-free or uninterrupted; (ii) any defects will be corrected; (iii) the services, communications from us, or any server that makes the services available to you are free of viruses or other harmful code or tools; (iv) the services will be available to you or that you qualify for the products or services offered; (v) the content on the services will be accurate as of any particular date; or (vi) the products or services offered through the site are available outside of New Zealand or in jurisdictions where in which bounce is not properly licensed. To the extent you access this website or use our Services for business purposes, the Consumer Guarantees Act 1993 will not apply.
Neither Bounce nor any other party involved in creating, producing or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, from the use of or inability to use our website or the Services or content, from any communications, interactions or meetings as a result of your use of the services, whether based on warranty, contract, tort (including negligence), or otherwise, and whether or not Bounce has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will bounce’s aggregate liability arising out of or in connection with these terms and your use of our website or the Services, whether based on warranty, contract, tort (including negligence), or otherwise , exceed one hundred dollars ($100).
You agree to release, defend, indemnify, and hold Bounce and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Services, or your violation of these Terms; (b) your reliance on the Services; (d) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (e) any claim that your use of the Services caused damage to a third party. Bounce shall have the right to control all defence and settlement activities.
You may not assign or transfer these Terms, by operation of law or otherwise, without Bounce’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Bounce may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Bounce by posting to the website or via the application. For notices or communications by Bounce made by e-mail, if any, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms shall be governed by the laws of New Zealand. New Zealand courts have exclusive jurisdiction.
You and bounce agree that any cause of action arising out of or related to our website or the Services or content must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred and waived.
These Terms are intended to govern the agreement between Bounce and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
You and Bounce agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “Disputes”) will be settled by binding arbitration; except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Arbitration Rules and Governing Law. The arbitration will be conducted under the Arbitration Act 1996 and administered by the New Zealand Dispute Resolution Centre (“NZDRC”) in accordance with the Commercial Arbitration Rules for Consumer Related Disputes (the “NZDRC Rules”). The NZDRC Rules are available at Arbitration Rules - New Zealand Dispute Resolution Centre (nzdrc.co.nz). Arbitration Location and Procedure. Unless you and Bounce otherwise agree, the arbitration will be conducted in Wellington, New Zealand.
No Class Action. You and Bounce agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Changes. Notwithstanding the provisions of the “Modification” section above, if Bounce amends this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms) you will be notified in accordance with these Terms. You may reject any such change by sending us written notice (including by email to firstname.lastname@example.org within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Bounce’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Bounce in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Bounce makes no claim that the Services are appropriate or may be downloaded outside New Zealand. If you access our website or the Services from a location outside New Zealand, you do so at your own risk and are responsible for compliance with all applicable laws, rules, regulations or decrees of your jurisdiction.
The failure of Bounce to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Bounce. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Certain Service features, or website and/or application areas (and your access to or use of certain aspects of the Services or content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the website, application, Services, or content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the website, application, Services, or content.
These Terms constitute the entire and exclusive understanding and agreement between Bounce and you regarding the Services, content and any profile, registration or account made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Bounce and you regarding the same.