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Terms of Service
Introduction
These Terms of Service (Terms) relate to all access to the Kota smartphone application or website (Application) and/or the Kota website (www.kota.io) (Website), (together the Platform)
You are granted a non-exclusive, limited and revocable licence to use and access the Platform.
Our Agreement with you
These Terms should be read in conjunction with the following documents:
Our Regulatory Information (such as our EU and UK Terms of Business documents)
Our Privacy Policy
Our Cookie Policy
All of these documents are communicated to you before you proceed with our services and can also be found on our website.
By accessing and using and interacting with the Platform you confirm that you have read, understand and agree to comply with these Terms. If you do not agree with these Terms, you must immediately stop using the Platform.
These Terms are a binding contract between you and us.
If you are signing-up for, accessing, or using the Platform on the behalf of a user or employer, you confirm that you have the legal authority to bind them to these Terms.
You agree that we may change, update or otherwise amend the Platform and these Terms at our absolute discretion.
Definitions
“we”, “us” and “our” refer to Kota
“you” and “your” and “Customer” and “user” and "organisation" is the Employer or Employee or any user of the Platform
Partner refers to our Insurance or Pension Partners
Platform
We provide the Platform for Employee Benefits services.
We do not accept any responsibility or legal liability whatsoever for any act or omission of the Partner or the Customer. The Partner may enforce additional terms on the Customer.
You shall be fully responsible for any tax and other liability, deduction, contribution, assessment or claim arising from or made in connection with use of the Platform
You shall indemnify us against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable in connection with or in consequence of any such liability, deduction, contribution, assessment or claim, other than where such liability, deduction, contribution, assessment or claim arises out of our negligence or wilful default.
You must cooperate with us and comply with all reasonable requirements, including information and documents relating to use of the Platform.
Accounts and Security
In order to access the Platform you will need to create an account and register a profile on the Platform. You must provide a valid login name and a password (Account Information).
You may also be able to create your Account by providing access via a third party account (such as Google), in which case you consent to our access to the third party account and your access to the Platform remains subject to compliance with the terms and conditions of the third party account and applicable privacy settings.
Your Account will become active when you follow the email link to activate your Account.
It is your responsibility to keep your Account Information secure and you agree:
not to give out your email with your Account Information;
not to use another person’s Account or share their Account Information;
to take all measures to prevent a third party from accessing your Account, even without your knowledge;
not to give access to your Account to a third party;
not to loan, share, exchange, donate, purchase, transfer and sell any Account (which action is fully prohibited and will not be enforceable against us); and
to use a personal or professional email address to create an account and not share this account information with any third party.
You are solely responsible for the use, security and confidentiality of your Account, irrespective of who is using it, whether with or without your permission. You indemnify us for any loss or damage we suffer as a result of unauthorised access to your Account.
All Organisations should ensure that access to their Account is monitored and reviewed regularly and users who no longer need access are removed immediately in order to protect personal and confidential information.
Profiles and Information
You acknowledge that the Partners and Kota rely on the accuracy and completeness of all information provided during the registration process, completing your Profile and updating on the Platform. You shall be responsible for keeping your Account details and Profile up to date.
You warrant and represent that all information provided to us is accurate, complete and not misleading and remains so. You must notify us of any change to such information.
Where relevant, you provide us with any additions, changes and cancellations of insured persons or members (employees). Kota will take the required actions on a reasonable timeframe and as communicated to you.
Customer duties
You agree to:
be of legal age to enter into a contract
provide us with required Profile information;
provide us all material information required by the provider
Provide us with any relevant updates which may affect your cover
Payments
Payments will generally be collected on 10th of each calendar month, with the exception of UK services, which will be collected on 1st of each calendar monthIf you wish to change your payment details, you can do so by via the “Billing” section of the Kota platform
If you policy is cancelled, your direct debit will remain active to collect any monies owed
Schedule of Fees and Charges
Kota sets out our Schedule of fees and charges on our website. We reserve the right to update these at any time.
Payment Defaults
Kota will enforce cancellation proceedings if you default on payments and will follow the below process:
Kota will attempt to contact you and receive the missed payments.
If the payment has not been made after Kota has contacted you,, Kota will contact the Insurance provider and your insurance policy may be cancelled
Your access to the Platform may be revoked
Kota reserves the right to levy additional charges for missed payments. These charges can be found in the Schedule of fees and charges.
Cancellations
Kota will enforce cancellation of a policy due to, but not limited to, non-payment, non-disclosure, provision of incorrect information where the necessary documentation was not submitted within a required timeframe by the policyholder
Either party may, at any time, cancel the policy or services that Kota provides. If you wish to cancel your policy, you must let us know immediately.
Please note you may be charged the full amount of government levies or taxes that the Provider becomes liable for in respect of your policy.
Refunds
The Kota Platform fee is non-refundable.
If you are due a return of premium or fees or charges, we will communicate to you the timelines accordingly. We will refund you through the original method of payment.
Platform availability
You acknowledge that we are not required to keep the Platform available for your use and we make no warranties as to its availability or that the Platform will operate continuously or error-free.
We accept no responsibility for the unavailability of this Platform, or any interruption or malfunction for any reason whatsoever (including failures of our Internet provider or web hosting service provider, third party intrusions or force majeure) and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Platform.
We make no guarantees, implied or express, as to the ongoing availability of the Platform or Services.
Intellectual Property
All content on the Platform is our copyright and property and can be used for any purpose relating to the Platform or our business. Without our express written permission, you shall not copy the Platform for your own commercial purposes, including:
replicate or use the details and profiles of any Customer or Partner;
replicate all or part of the Services or Platform in anyway;
use any “deep-link”, “robot”, “spider”, “page-scrape” or other automatic device, programme, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, Profiles or any content, nor in any way reproduce or circumvent the navigational structure or presentation of same, nor obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform; and
incorporate all or part of the Platform in any other webpage, website, platform, application or other digital or non-digital format.
All content remains our Intellectual Property, including (without limitation) any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the Partner or any Customer.
Liability
To the extent permitted by law, Kota provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither Kota nor any Partner shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Services. This does not include or limit in any way Kota or any Partner liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
Privacy Policy and Cookie Policy
You accept our Privacy Policy and Cookie Policy and agree that you will not do anything that shall compromise our compliance with the Privacy Policy and Cookie Policy nor do anything contrary to the Privacy Policy or Cookie Policy insofar as your use of the Platform is concerned.
We may amend the Privacy Policy and Cookie Policy without notice and at our absolute discretion, and by continuing to use the Platform you accept such changes.
Third Party Services
The Platform may contain information and advertising from third-party businesses, people and websites (Third Parties). You consent to receiving this information as part of your use of the Platform.
We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the services provided by, information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements. This is described in more detail in our privacy policy.
Our Right To Vary These Terms and Conditions
Kota may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
Jurisdiction and Applicable Law
The Irish courts will have jurisdiction over any claim arising from, or related to, a visit to our Site or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.
Your Concerns
If you want to contact us in relation to these terms or for any other reason, please contact [email protected]
If you have a complaint, please see our help centre for details of how to complain.
Last updated on: 17/10/2023
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