Zego Terms of Business
Please read the following terms of business carefully.
1. Accepting our Terms of Business
1.1.
By asking us to quote for, arrange or handle your insurance, you are providing your informed agreement to these Terms of Business. We draw your particular attention to:
The section headed ‘Use of personal data’, specifically the paragraph explaining how ‘special category personal data’ will be used; and
the sub-section titled ‘Credit checks’;
1.2.
For your own benefit and protection, you should read these terms carefully.
1.3.
If you are unsure about any aspect of our Terms of Business or have any questions regarding our relationship with you, please contact us at the above address.
2. The Dutch Authority for Financial Markets
2.1.
Zego is a trading name of Zego B.V. which is authorised and regulated by the Dutch Authority for Financial Markets (AFM) with a branch office in Ireland. Our Financial Services Register number is 12047576.
2.2
Our permitted business is arranging, introducing, assisting in the administration and performance of general insurance contracts, dealing as authorised agent in relation to general insurance contracts.
2.3.
You may check this on the Financial Services Register by visiting the AFM’s website, https://www.afm.nl/en/professionals/registers or by contacting the AFM on +31(0)20-797 2000.
2.4.
Zego B.V. is also licenced by the Competition and Consumer Protection Commission (CCPC) to provide credit broking and supplementary debt-related administration.
2.5.
You may check this on the Financial Services Register by visiting the CCPC’s website, https://www.ccpc.ie/business/credit-intermediaries/authorised-credit-intermediaries/ or by contacting the CCPC on: 1890 432 432 or +353 1 402 5555.
3. Commercial / Consumer Customers
3.1.
Our Terms of Business make specific reference to ‘commercial’ and ‘consumer’ customers. For clarity:
Commercial Customers of Zego purchase insurance products connected with your profession such as Hire & Reward, Private Hire, Fleet; and
Consumer Customers of Zego purchase insurance for your personal use such as Social, Domestic and Pleasure (SD&P).
3.2.
You may be both a Commercial Customer and a Consumer Customer of Zego but whilst each individual insurance policy is being used you will be acting in the capacity of either a Commercial Customer or Consumer Customer.
As an example: Whilst delivering parcels on your scooter for your job with X provider you will be covered by H&R insurance and therefore will be a Commercial Customer. When you stop working and are driving home / driving for pleasure outside of working hours you will be covered by SD&P insurance and therefore will be a Consumer Customer.
4. Our service
4.1.
Helping you to decide
Our role is to assess your demands and needs, and to provide you the possible insurance products meeting these demands and needs. We do not offer advice or make a personal recommendation in relation to this. Where we can offer the availability of an instalment facility in order to pay the insurance premium by regular payments, we also do not offer advice or make personal recommendations in relation to this.
4.2.
The capacity in which we act for you
Zego B.V. trading as "Zego" ("Zego", "we", "us", or "our") provides an authorised agent service (the "Zego Service") through a website https://www.zego.com/ie/ (the 'Website') and an associated mobile application ("the App") and via telephones sales (“over the phone”). Individuals ("you" or "your") who register and use the Zego Service and understand and agree to these Terms of Business understand that Zego acts as authorised agent and not as an intermediary, an insurer or underwriter.
Zego sources and places cover as an agent of insurers. In dealing with claims on your behalf we act as an agent of the insurers.
We may be able to arrange finance for you through Premium Credit Limited (“Premium Credit”). We will give you further information about this payment option when your purchase your insurance policy.
4.3
Complaints and compensation
4.3.1.
It is our intention to provide you with an exceptional level of customer service at all times, however, should you be unhappy with the Zego Service or have any cause for dissatisfaction we have a formal complaints procedure:
Who to contact in the first instance:
Most Complaints can be resolved within 3 business days:
Complaints that take longer than 3 business days to resolve:
Next steps if you are still unhappy:
Post: Kifid, Postbus 93257, 2509AG, Den Haag Netherlands
Telephone: +31 70 333 8 999
Email: [email protected]
Website: www.kifid.nl
4.4.
Limitation of Liability
We are not liable to you for any loss arising in relation to a Policy or a claim made by you in relation to any incident, any contractual, tortious or other liability relating to the Policy is between you and the insurer.
We will not be liable to you for any loss resulting from providing the Zego Service, except for loss caused by our own negligence or wilful misconduct.
In the event that we are liable, the limit of our liability shall be the value of the Zego Fees.
4.5.
Booking Insurance
The Zego Service will provide you with the ability to buy insurance (each a “Cover Period”) via our integrated App, the Website or over the phone.
The details of the insurance cover you purchase will be included in your Policy and in any relevant documents.
Any insurance purchased through the Zego Service is only valid within the territory or territories indicated in your policy.
You agree and undertake to adhere to the limitations of the Policy and any insurance schedule associated with the Policy.
Your Cover Note, Key Facts, Policy Booklet and Schedule of Insurance, as applicable, will be created and emailed to your stated email address when upon receipt of your registration and confirmation of acceptance of these terms and any Certificate in relation to a Cover Period will be available through the App in your Zego Account at such time.
We will ensure that you receive full details of your insurance cover and we will provide you with any documents that you are required to have by law.
4.6.
Payment for our services
4.6.1.
We earn commission from the insurance companies we work with as well as from our premium finance provider when we assist you in the use of their services to pay your policy. We may also charge you a fee as well to cover things like costs for arranging the insurance, setting up your policy and managing your account.
4.6.2.
Quotes:
As a customer, you understand that any quotation provided by us for a Premium is valid and guaranteed only for the period in which you have the page open with the quotation on the screen or as we may otherwise indicate to you.
All payments are taken through a third-party payments process or payment service provider.
By accepting the terms of a Policy, you will be agreeing to an insurance premium for the acceptance of the Policy (the “Premium”).
In addition, part of your charge will be for a commission due to Zego ("Commission").
4.6.3.
Depositing on your account and paying for Policies:
If you have in place a Zego account which works on a pay as you go credit basis:
You agree to make payments to your account (“Your Account”) for Policies, any insurance cover, our fees and any associated taxes (“Costs”) from the credit card or debit card you have registered through the App.
Payments for any Premium and any associated Costs will be deducted from Your Account at the end of each Cover Period.
When you register you authorise us to take a deposit from your credit / debit card in order to top up your account. This is for the payment for future Policies, any insurance cover, Zego Fees and any associated taxes from the credit card or debit card you have registered through the App.
You agree to keep Your Account in credit in order to ensure you have sufficient credit available to pay for your Costs.
We have an auto top-up facility available to aide you in the above obligation which may, subject to their discretion become a mandatory requirement upon accounts. If your account has mandatory auto-top up enabled you will be informed.
Any positive balance will be refunded upon account closure.
If you take out an annual policy:
You are responsible to pay the full policy amounts up front.
We may be able to introduce you to Premium Credit who (subject to acceptance and their terms and conditions) may agree to finance your insurance premium. The finance will incur additional costs which includes a commission paid to us for introducing you to Premium Credit. We act as the credit intermediary (not the lender).
If you are accepted by Premium Credit, they will pay the annual premium to Zego and you will be required to repay the finance to Premium Credit by monthly Direct Debit.
4.6.4.
Insufficient Funds, Account Debts and Unpaid Policies:
If you have in place a Zego account which works on a pay as you go credit basis:
You are responsible if your account runs out of credit sufficient to pay for any Costs.
You are responsible if you don't update your credit/debit card details if they have changed or expired.
In the event there are insufficient funds in your account to pay for your costs you authorise us to deduct such sum from the credit card or debit card you have registered through the App to bring Your Account into credit.
When your Zego account goes below €5 credit for policies we will automatically charge your card in order bring the account back into credit.
If you are working an extended period and upon finishing your account goes into negative balance we will automatically charge your card in order to bring the account back into credit. These charges are in line with the above.
If for any other reason your account goes into negative balance we will automatically charge your card in order to bring the account back into credit.
The automatic credit amount will depend on the product. For Bicycle and Scooter, we will attempt to get your account back to a minimum of €10 credit and for car €20.
This automatic credit amount can be changed by yourself via the app at any point.
Any policy which you have taken out prior to negative balance (including those which may have put you into negative) will be valid however, until the balance is restored you will be unable to take out further policies.
We will attempt to charge your card 3 times over 96 hours.
If after 96 hours there is insufficient credit in Your Account and/or a credit card or debit card fails to work, you understand and agree that:
we reserve the right to suspend your H&R cover; and
if relevant, notify any Approved Platform you may use of your failure to pay for your insurance cover.
Should you fail to make any of the monthly repayments on time you may be subject to a default charge from Premium Credit and we may cancel your insurance cover.
If you choose to cancel your contract with Premium Credit you may be subject to a cancellation fee.
4.6.5.
Should your credit agreement with Premium Credit be cancelled for any reason, you understand and agree that:
Zego has recourse against yourself as the Policy Holder for any outstanding amount which may be owed. As such, when your credit agreement with Premium Credit is cancelled you will need to pay any outstanding amount owed to Zego. This is because:
When entering into a credit agreement with Premium Credit, Premium Credit pays the amount for the entire Policy to Zego on your behalf in order to pay the Insurer for your policy.
The monthly repayments you make to Premium Credit pay off the finance Premium Credit have provided to you.
The Policy is subject to a Short Period Scale. This means that in the event of cancellation of the policy you may not receive a premium refund sufficient to pay off the balance due under the credit agreement. Therefore, although you have made monthly repayments to the point of cancellation, you would still be liable to pay this additional cost.
Zego will inform you of the amount owed when you cancel your policy.
If the amount owed is less than or equal to €50 you will be immediately liable to pay the debt.
By not paying the debt owed to Zego you are in Breach of your Contract with Zego and Zego reserves the right to pursue litigation via the Court of Ireland.
4.6.6.
Our Flex (Pay-as-you-go) Fees – Charges for Non-Usage
Delivery App User Administration fee (Non-usage): If you open a pay-as-you-go account with us and do not use the account within the first 60 days, a fee of €10 will be charged.
Delivery App User Administration Fee (for Inactivity): If you open a pay-as-you-go account with us and do not use the account for a continuous period of at least 90 days, a fee of €5 will apply.
4.7.
Handling money
Our financial arrangements with most insurance companies are on a ‘Risk Transfer’ basis. This means that we act as agents of the insurer in collecting premiums. In these circumstances such monies are deemed to be held by the insurer(s) with which your insurance is arranged. However, if Risk Transfer does not apply, such monies will be held by us. Interest earned on monies held by us will be retained by us.
From time to time we may work with third parties (“Credit Companies”) to offer you the ability to pay for Premiums in instalments depending on the nature of the Policy. In this instance, the terms and conditions of the relevant Credit Company will apply and we may assist the Credit Company.
4.8.
Cancellation of insurances
You should make any request for the cancellation of a policy to the contact details included within this Terms of Business, either by letter, email or phone and where requested any relevant certificate of insurance must be returned to us or to the insurer concerned.
In the event of cancellation, charges for our services, as well as any applicable non-usage fees will apply in accordance with the ‘Payment for our services’ section above.
4.9.
Ending the business relationship
Subject to your immediate settlement of any outstanding premiums and fees, you may instruct us to stop acting for you and we will not impose a penalty. Instructions must be clear and will be taken into immediate effect.
In circumstances where we feel we cannot continue providing services to you, we will contact you and attempt to rectify the situation on no less than two occasions.
In situations where the situation is not rectifiable we will inform you of our decision to end the business relationship and this will wind down during a discussed time frame dependent on the reason for termination.
Business will not be terminated without first informing you, the policy holder of the valid reason for termination.
Valid reasons for termination may include but are not limited to:
non-payment of premium or fees
failure to provide requested documentation or information
deliberate failure to comply with terms set out within the Terms of Business or insurer’s documentation
deliberate misrepresentation or non-disclosure or attempted fraud
use of threatening or abusive behaviour or language, or intimidation or bullying of our staff / suppliers.
Unless otherwise agreed in writing, if our relationship ends, any transactions previously initiated will be completed according to these Terms of Business.
You will be liable to pay for any transactions concluded prior to the end of our relationship.
1.10.
Your responsibilities
1.10.1.
You are responsible for answering any questions in relation to any proposal for insurance cover honestly and to the best of your knowledge, providing complete and accurate information which insurers will require.
This also applies to your responses in relation to any assumptions you may agree to in the process of applying for insurance cover.
This is particularly important before taking out a policy but also at renewal or if you make a mid-term amendment to your policy.
If you fail to disclose information, or misrepresent any fact which may influence the insurer’s decision to accept the risk or the terms offered, this could invalidate the policy and mean that claims may not be paid.
You have a duty to give a fair presentation of risk to the insurer. This means that you should disclose every material circumstance relevant to the risk being insured following a reasonable search within your business to identify and verify such information.
This should include information which you and where applicable your senior management, persons responsible for arranging your insurance or other relevant third parties know or ought to know and should include all information that would influence the judgement of the insurer or that would put the insurer on notice that it needs to make further enquiries.
Examples of material circumstances are:
Special or unusual circumstances relating to the risk;
Any particular concerns which led you to seek insurance cover for the risk; and
Anything which those concerned with the class of insurance and field of activity in question would generally understand as being something that would be dealt with in a fair presentation of risks for this type of insurance.
The information must be presented in a way which would be reasonably clear and accessible to a prudent insurer. If you are unsure whether to disclose any information you should speak to us. You need to take into account the size and complexity of your business, and allow yourself sufficient time before your renewal date to consider and / or assess your insurance requirements.
Failure to provide a ‘fair representation’ may result in a number of remedies by the insurer. If the breach was deliberate or reckless the insurer can void the contract and keep the premium. If the breach was not deliberate or reckless the insurer can void the contract, proportionately reduce a claim settlement or amend the insurance policy terms and conditions then review the merits of a claim on this basis.
You should always provide complete and accurate information to us when we ask you about the insurance risks your business faces before taking out a policy, at renewal and throughout the life of the policy. This also applies to your responses in relation to any assumptions you may agree to in the process of applying for insurance cover.
It is important that you read all insurance documents issued to you and ensure that you are aware of the cover, limits and other terms that apply. Particular attention must be paid to any warranties and conditions as failure to comply with them could invalidate your policy or mean that claims may not be paid.You must inform us immediately of any changes in circumstances which may affect the services provided by us or the cover provided by your policy.
You must notify us of any changes to your circumstances (including, but not limited to, any motoring or criminal convictions or vehicle modifications) through the App and in the event, it is not possible to update us with your information through the App, you should contact us by telephone (using the number on the Website) or by emailing us at [email protected]. If you are unsure about any matter, please contact us for guidance.
4.11.
Keeping us up to date
It is your responsibility to keep us up to date on the following:
Any changes to your personal details such as but not limited to Name, Address and Contact details
Any changes to your vehicle such as but not limited to when your vehicle is off road, when you have modified your vehicle.
Any changes to your work provider such as but not limited to if you start working for a new provider or leave your current provider.
Failure to inform us of these changes could result in you being overcharged for which you would then be liable, or the invalidation of your cover.
4.12.
Use of personal data
Zego will process any personal information we obtain in the course of providing our services to you in accordance with the General Data Protection Regulation (GDPR) and in line with our Data Protection Policy and Privacy Policy").
You confirm that the information you provide to us is correct and you understand that Your Information will be: (a) used by us to undertake various background checks on you; (b) passed to an insurer and relied upon by them; and (c) otherwise used in accordance with the terms of our privacy policy ("Privacy Policy")
In administering your insurances and where applicable arranging premium finance, it will be necessary for us to pass such information to insurers and other relevant product or service providers which may also provide us with business and compliance support.
We may also disclose details to relevant parties, as necessary, to comply with regulatory or legal requirements.
Some of the details you may be asked to give us, such as information about offences or medical conditions, are defined by the Act as sensitive personal data. By giving us such information, you signify your acknowledgement that such data will be processed by us in arranging and administering your insurances.
Subject to certain exceptions, you will be entitled to have access to your personal and special category personal data. If at any time you wish us, or any company associated with us, to cease processing any of the personal data or special category personal data we hold, or to cease contacting you about products and services, please contact [email protected].
We may contact you in order to promote products or services which may be of interest to you.
If you are a Fleet customer then you warrant to us that you have obtained all necessary authorities and permissions required under the GDPR and any relevant data protection legislation, from any drivers or other individuals whose data you share with us either in connection with an insurance policy or for any other purpose.
Each party shall indemnify the other against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the indemnified party arising out of or in connection with a breach of data protection legislation by the indemnifying party, its employees or agents, provided that the indemnified party gives to the indemnifier prompt notice of such claim, full information about the circumstances giving rise to it, reasonable assistance in dealing with the claim and sole authority to manage, defend and/or settle it.
We will capture driver behavioural data for the purpose of improving our products, offering and services to customers.
If you are insuring a fleet through Zego you are required to provide your drivers with details about Zego’s Privacy Notice.
4.13.
Approved Work Platforms and Telematics
From time to time we may agree with 3rd parties offering app or web-based platforms for delivery drivers (each an “Approved Platform”) that we will work with them to offer insurance to users of their service (“Approved Platform’s Service”), particularly in relation to users who wish to purchase Cover Periods of 1 hour or successions of 1 hour periods. We have the right to change these terms and conditions and we will always give you reasonable notice of any changes.
If you have an account with us and are the user of an Approved Platform you understand and agree to:
Zego requesting information from the Approved platform in order to administer your Insurance Cover
The information in question may include, but not be limited to: the exact hours worked with the Approved Platform as well as information about your use of the Approved Platforms Service and any Approved Platform Cover Period.
The cancellation of your Policy and Zego account in the event that you continue to use the Approved Platforms Service without purchasing Zego insurance for each of the Approved Platforms Cover Period.
We reserve the right to inform any Approved Platform of any cancellation of insurance and any non-payment for cover.
In order to offer competitive insurance rates you may be required to install a mobile telematics application from a third party provider that we have partnered with.
Where telematics/location services are integral to the administration of your insurance policies you understand that you will be required to allow all permissions required by the mobile application to record data.
Should you disable location services which are integral to your Policy you understand and agree that this would breach your contract with Zego and could result in the cancellation of your insurance and/or termination of your Zego account.
4.14.
Credit checks
We, and other firms involved in arranging your insurance (insurers, other intermediaries or premium finance companies) may use public and personal data from a variety of sources including credit reference agencies and other organisations.
The information is used to help tailor a price, to ascertain the most appropriate payment options for you and to help prevent fraud.
Any credit reference search will appear on your credit report whether or not your application proceeds. If you have any questions about this or any other matter, please do not hesitate to contact us.
4.15.
Conflict of interests
Occasions can arise where we, or one of our associated companies clients or product providers, may have a potential conflict of interest with business being transacted for you.
If this happens, and we become aware that a potential conflict exists, we will write to you and obtain your consent before we carry out your instructions and we will detail the steps we will take to ensure fair treatment.
4.16.
Claims handling arrangements
You should take note of the required procedures in the event of a claim, which will be explained in the policy documentation.
In the event of a claim you should contact us as soon as is reasonably possible by:
Calling the incident report helpline included on your policy documentation and available on the Website and/or the App; and
on our claims line as detailed on the Website and/or the App.
You agree to use best endeavours to provide our claims team with all information related to any claim affecting you or incident involving you that may affect a Policy.
It is your responsibility to report claims as soon as is reasonably possible.
4.17.
Promotions
All Promotions, terms relating to Promotions and queries relating to Promotions shall be determined by us in our absolute discretion.
Promotion Credit:
We may offer to you vouchers, credit to your account and/or other promotional credit for you to use to purchase insurance (“Promotion Credit”).
In order for you to benefit from any Promotion Credit and for the Promotion Credit to be valid you must activate the Promotion Credit by supplying the unique code provided (the “Unique Code”) in an online application: for new users of the Service, at the time you register for a Zego account; and for existing users, by submitting the unique code through your Zego account.
By submitting the Unique Code, you will be deemed to confirm your agreement to these terms and conditions, any special conditions attached to the Promotion Credit.
All of these terms and conditions shall become applicable as between us and you as holder or the Promotion Credit when you redeem the Promotion Credit.
You may only use the Promotion Credit to purchase insurance made through the Service.
Promotion Credit is not refundable or redeemable for cash or transferable.
A Promotion Credit (and any related Unique Code) may only be used once by its holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
A Unique Code issued to Zego account holders for a referral promotion (a “Referral Unique Code”) where the recipient of the account enters the code upon registering with Zego may be issued to multiple individuals. However, a recipient of a Referral Unique Code may only use the Referral Unique Code once upon registering for a Zego account and shall only receive the associated Promotion Credit once.
We reserve the right to withdraw or deactivate any Promotion Credit for any reason at any time. Promotion Credit may only be used through our Site and not through any other website or method of communication.
Fair Promotions:
In addition to any Promotion Credit, we may also offer promotional rates for the Premium and/or the Zego Fees (a Fair Promotion”) for: users of specific Approved Platforms; and/or other Zego users in the event your usage determines a loyalty discount.
We will make this discount available either: through your Zego Account; or by stating the Fare Promotion terms on the Website.
Unless otherwise stated a Fare Promotion shall run either for: a day period, being 0000 hours to 2359 hours on the day of the Promotion; or a weekly period, being 0000 hours on Monday morning to 2359 hours on the following Sunday.
4.18.
Other matters
We have the right to change these terms and conditions and we will always give you reasonable notice of any changes.
Please refer to the Website or App for our latest copy of these terms and conditions.
These terms of business shall be governed by and construed in accordance with Irish law.
In relation to any legal action or proceedings arising out of or in connection with these terms of business we both irrevocably submit to the non-exclusive jurisdiction of the Irish Courts.
You are responsible for regularly checking for emails from us and to ensure our emails are not sent to a junk mail folder.
5. We reserve the right to refuse the use of the Zego Service or a part of the Zego Service to any user in our absolute discretion.