New Zealand's Business Insurance Market
Making insurance easy.

Terms and conditions of use

Welcome to Easynsure, your online insurance home where you connect with your insurance broker and insurance companies and where you can store and access everything to do with your insurance, anytime from anywhere.

These Terms are binding on any use of the Service and apply to You from the time that Easynsure provides You with access to the Service.

The Easynsure Service will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of the Easynsure Service. Easynsure reserves the right to change these terms at any time, effective upon the posting of modified terms.

It is likely the terms of use will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Website. Your continued use of the Service represents your agreement to be bound by the terms and conditions as amended.

By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

These Terms were last updated on 1 December 2011.

1. Definitions

  • "Agreement"
  • means these Terms of Use.
  • "Confidential Information"
  • includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
  • "Data"
  • means any data inputted by You or with Your authority into the Website.
  • "Intellectual Property Right"
  • means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
  • "Service"
  • means the online insurance quoting, comparison and information storage services made available (as may be changed or updated from time to time by Easynsure) via the Website.
  • "Website"
  • means the Internet site at the domain www.easynsure.co.nz or any other site operated by Easynsure.
  • "Easynsure"
  • means Easynsure Limited and all current and future global subsidiaries of Easynsure Limited.
  • "You"
  • means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service, and any person or organisation that uses the Service with the authorisation of that person or entity. "Your" has a corresponding meaning.

2. Use Of Software

Easynsure grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.

3. Your Obligations

3.1 General Obligations

You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Easynsure or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.

3.2 Access Conditions

  • a. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Easynsure of any unauthorised use of Your passwords or any other breach of security and Easynsure will reset Your password and You must take all other actions that Easynsure reasonably deems necessary to maintain or enhance the security of Easynsure's computing systems and networks and Your access to the Services.
  • b. As a condition of these Terms, when accessing and using the Services, You must:
    • i. not attempt to undermine the security or integrity of Easynsure's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
    • ii. not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
    • iii. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
    • iv. not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
    • v. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.

3.3 Communication Conditions

As a condition of these Terms, if You use any communication tools available through the Website (such as any email, forum, chat room or message centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person's computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).

When You make any communication on the Website, You represent that You are permitted to make such communication. Easynsure is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, Easynsure does reserve the right to remove any communication at any time in its sole discretion.

3.4 Indemnity

You agree to release, indemnify and keep Easynsure indemnified 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 or any obligation You may have to Easynsure, your failure to complete a transaction or arising out of any content or item you submit, post, transmit, or make available through the Services.

4. Confidentiality and Privacy

4.1 Confidentiality

Unless the relevant party has the prior written consent of the other or unless required to do so by law:

  • a. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person other than as contemplated by these Terms.
  • b. Each party's obligations under this clause will survive termination of these Terms.
  • c. The provisions of clauses 4.1.a and 4.1.b shall not apply to any information which:
    • i. is or becomes public knowledge other than by a breach of this clause;
    • ii. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
    • iii. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
    • iv. is independently developed without access to the Confidential Information.

4.2 Privacy

Easynsure maintains a privacy policy that sets out the parties' obligations in respect of personal information. You should read that policy at www.easynsure.co.nz/privacy and You will be taken to have accepted that policy when You accept these Terms.

5. Intellectual Property

5.1 General

Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Easynsure (or its licensors).

5.2 Ownership of Data

Title to, and all Intellectual Property Rights in, the Data remain Your property. You grant Easynsure a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.

5.3 Backup of Data

You must maintain copies of all Data inputted into the Service. Easynsure adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Easynsure expressly excludes liability for any loss of Data no matter how caused.

6. Warranties and Acknowledgments

6.1 Authority

You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.

6.2 Acknowledgement

You acknowledge that:

  • a. You are authorised to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).
  • b. Easynsure has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
    • i. You are responsible for ensuring that You have the right to do so;
    • ii. You are responsible for authorising any person who is given access to information or Data, and you agree that Easynsure has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and
    • iii. You will indemnify Easynsure against any claims or loss relating to:
      • 1. Easynsure's refusal to provide any person access to Your information or Data in accordance with these Terms,
      • 2. Easynsure's making available information or Data to any person with Your authorisation.
  • c. The provision of, access to, and use of, the Services is on an "as is" basis and at Your own risk.
  • d. Easynsure does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Easynsure is not in any way responsible for any such interference or prevention of Your access or use of the Services.
  • e. Easynsure provides a venue for You to buy insurance. Easynsure does not take any part in the sale of insurance other than by providing our Website as a venue for You, broker or adviser and Insurers to meet. If an insurance quote is accepted by You, a contract of sale will be formed between You and the insurance company directly. Easynsure does not act as an agent for either party and does not participate in any transaction between you and any insurance company, including where you use the credit card service.
  • f. Any transaction or contact between You and an insurance company is conducted entirely at your own risk. You agree that Easynsure takes no responsibility or liability for the conduct of any insurance company.
  • g. In choosing an insurance company or insurance policy you are acting on your own behalf, and if you have any doubts about your decision you should seek professional insurance advice.
  • h. Accordingly, Easynsure cannot be held liable for any decisions you make on the basis of information on this site. Neither Easynsure, nor its associated companies, directors, employees or agents guarantee the performance of any insurance company or insurance policy. We do not warrant or endorse any insurance company or policy, nor do we promote, or make any representation to any person as to quality or suitability for any purpose of any insurance policy available on this website. No liability is accepted for any loss or damage incurred by any person as a result of using any insurer or insurance policy available on this website.
  • i. Any tools provided to help You choose a level of insurance or compare policies are provided in good faith, however they are of a general nature and might not be relevant to your individual circumstances. Accordingly no liability is accepted for any loss or damage incurred by any person as a result of using the tools or information on the Website.
  • j. Easynsure is not Your insurance adviser or broker and use of the Services does not constitute the receipt of insurance advice or insurance broking services. If You have any insurance questions, please contact the insurance company concerned or an insurance adviser or broker.
  • k. It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
  • l. You remain solely responsible for complying with all applicable laws. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).

6.3 No Warranties

Easynsure gives no warranty about the Services. Without limiting the foregoing, Easynsure does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

6.4 Consumer Guarantees

You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.

7. Limitation of Liability

  • 1. To the maximum extent permitted by law, Easynsure excludes all liability and responsibility to You (or any other person), and You irrevocably waive all rights that you may have against Easynsure, in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website (including, without limitation, the selection, use or reliance by You (or any other person) on any third party service provider that may have been introduced to You by, or as a result of, any use of the Service or the Website by You).
  • 2. If You suffer loss or damage as a result of Easynsure's negligence or failure to comply with these Terms, any claim by You against Easynsure arising from Easynsure's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the amounts Easynsure has received as remuneration by your use of the Website in the previous 12 months.
  • 3. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.

8. Termination

8.1 Breach

If You:

  • 1. breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied; or
  • 2. breach any of these Terms and the breach is not capable of being remedied;

    Easynsure may take any or all of the following actions, at its sole discretion:
    • 1. Terminate this Agreement and Your use of the Services and the Website;
    • 2. Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
    • 3. Take either of the actions in sub-clauses 4 and 5 of this clause 8(4) in respect of any or all other persons whom You have authorised to have access to Your information or Data; or
    • 4. Suspend or terminate access to all or any Data.

8.2 Expiry or Termination

Clauses 3.3, 4, 5, 6, 7, 8 and 10 survive the expiry or termination of these Terms.

9. Helpdesk

9.1 Technical Problems

In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Easynsure. If You still need technical help, please check the support provided online by Easynsure on the Website or failing that email us at support@easynsure.co.nz.

9.2 Service Availability

Whilst Easynsure intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.

10. General

10.1 Entire agreement

These Terms, together with the Easynsure Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Easynsure relating to the Services and the other matters dealt with in these Terms.

10.2 Waiver

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

10.3 Delays

Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

10.4 No Assignment

You may not assign or transfer any rights to any other person without Easynsure's prior written consent.

10.5 Governing Law and Jurisdiction

If the information or Data You are accessing using the Services and the Website is solely that of a person who is tax resident in New Zealand at the time that You accept these terms then New Zealand law governs this Agreement and You submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this Agreement.

10.6 Severability

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

10.7 Notices

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Easynsure must be sent to support@easynsure.co.nz or to any other email address notified by email to You by Easynsure. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.

10.8 Rights of Third Parties

A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.