Terms of Service Lemonade

1
Scope of Application
1.1
These Terms of Service (hereafter “ToS”) apply to the use of the app Lemonade Insurance (hereafter “App”) as well as the Lemonade online portal on the website www.lemonade.com/nl (hereafter “Portal“) as provided by Lemonade Insurance N.V., Weesperstraat 61-105 Amsterdam, the Netherlands, registered in the Trade Register of the Dutch Chamber of Commerce under number 73227420, VAT identification number NV NL859409995B01, represented by Daniel Schreiber, (hereafter “Lemonade”) and all services in connection with this, unless excluded from the scope of application of the ToS in accordance with Clause 1.2 below (the App, the Portal, and the services rendered within the framework of the App and the Portal, are hereafter together the “Services”).
1.2
Part of the Services are not any potential insurance contractual services, in particular not the granting of insurance cover. The ToS therefore do not apply to insurance contracts concluded through the Services, which are subject to specific conditions.
1.3
The use of the Services is subject exclusively to these ToS. Provisions in deviation of these ToS only apply where Lemonade has consented to them in writing.
1.4
Downloading of the App from a third party provider, e.g. through the Apple AppStore (for iOS devices) or the Google Play Store (for Android devices) is subject to the conditions of the respective third party provider.
2
Conclusion of Contract; Non-remuneration
2.1
Only consumers in accordance with article 6:230g of the Dutch Civil Code ("DCC") registered for the use of the Services are entitled to use the service (hereafter: "Registered User“). The following languages are available for the conclusion of the contract: English Dutch.
2.2
A user agreement is concluded upon successful completion of the registration.
2.2.1
In order to register for the App, it is necessary to install the App onto a mobile device and start it to complete the registration procedure.
2.2.2
The data requested by the App, or, as applicable, in connection with the Portal, must be given completely and correctly, however errors can be corrected at any time. In order to detect errors during the data input, Lemonade provides the user the technical means in the form of a common check for completeness (controls as to whether all mandatory fields have been completed).
2.2.3
After successful activation by the user, Lemonade will establish an individual user account for the user and inform the user of this through a notification in the App or in the form of information on the website. With the information on the successful establishment of a user account, the registration procedure is completed and a user agreement is in place between Lemonade and the Registered User regarding the use of the Services.
2.3
Lemonade stores the text of the contractual agreement. The user may retrieve and download the text of the contractual agreement in the form of these ToS at any time via the corresponding menu in the App or, as applicable, the Portal.
2.4
Lemonade does not claim any remuneration for the use of the Services. Users may, however, potentially incur connection fees in accordance with the tariffs contracted by the Registered User through his mobile telephone or internet provider.
2.5
Registered Users must ensure that the information given is up to date. Personal access data (such as passwords) must not be forwarded to third parties and must be maintained to protect them from the access by third parties. The password should be changed regularly for security purposes. Where there is reason to assume that unauthorised persons have gained knowledge of the access data, the user must inform Lemonade in text form and change his access data immediately.
3
Technical Requirements for the Use of the Services
3.1
A precondition for the use of the Services by the Registered User through the App is a web-enabled mobile device running iOS or Android operating systems in the version(s) specified as the minimum requirement during the download.
3.2
The use of the Services via the Portal is possible where the system used by the Registered User fulfils the following requirements: Web-enabled device, current browser.
3.3
The use of the Services also requires an internet connection with a sufficient data transmittal rate.
3.4
Lemonade reserves the right to adjust the Services in accordance with the market conditions on an ongoing basis. To utilise the Services, it is in particular necessary to keep the operating system or, as applicable, the App up to date. Adjustments may further lead to older devices no longer complying with the requirements, or only in a limited manner.
4
Services provided by Lemonade (Providing the Services)
4.1
The Services provided by Lemonade enable the Registered Users, in particular,
  • to choose the insurance products offered in the App and in the Portal, in particular household and liability insurance;
  • in order to conclude an insurance contract, to obtain offers for the conclusion of an insurance contract, initially by quotation from Lemonade for the desired insurance cover during communication with a chat bot;
  • to conclude insurance contracts online;
  • and to administer any existing insurance contracts online including the notification of potential insured events;
  • or to potentially add additional insurance products to an existing insurance contract online.
For this purpose, Lemonade provides certain information for retrieval or download in the App and in the Portal.
4.2
Further information will be given to the user during the conclusion of the contract for these products. All insurance contracts, including the conclusion via the App or in connection with the Portal, are subject to specific conditions which will be provided to the user separately upon the conclusion of the insurance contract.
4.3
The Services offered by Lemonade will be provided within the Netherlands only.
4.4
Lemonade aims to provide the Services 24 hours a day and 365 days a year, but does however not undertake to provide uninterrupted availability of the Services. The availability may be limited due to reasons of force majeure including strikes, lockouts and administrative orders, as well as due to technical or other measures, necessary in respect of e.g. the systems of Lemonade, the service provider or the network provider for orderly operation or improvement of the Services (e.g. maintenance, repair, system-related software updates, extensions). Disruptions to the Services may also result from short-term capacity shortfalls during peak utilisation of the Services or from disturbances of the telecommunications systems of third parties. Lemonade will undertake all reasonable efforts to remedy such disruptions immediately or to ensure actions to that effect. During any scheduled maintenance works, Lemonade will take into account the justified interests of the users, in particular by conducting the maintenance works at times of typically low usage. In case of interruption of the Services as described in this clause, Lemonade will accept no liability of any kind for loss or damage arising (in)directly from such an interruption.
4.5
The Registered User is granted only the non-exclusive, non-transferable and not sub-licensable right to use the Services in accordance with the provisions of these ToS. Further rights of use are not granted.
5
User Account; Prohibition of Abuse
5.1
Following conclusion of the user agreement, a personal user account is established for the Registered User. The Registered User ensures that the information communicated by him is up to date at all times, and keeps his access data secret, in particular secures his mobile device against unauthorised access, e.g. by password protection.
5.2
The Registered User must not use the Services in an abusive manner. Abusive use of the Services is, in particular, given where the Registered User
  1. violates a statutory prohibition or a provision of these terms of use,
  2. provides details that are, according to the best of his knowledge, incorrect, or
  3. takes deliberate measures to evade technical protection measures.
5.3
The user commits to not undertake electronic attacks of any kind. An electronic attack is in particular the attempt to overcome or evade the security measures of Lemonade or render them inoperative in some other way, the use of computer programmes to automatically retrieve data, the use of and/or the distribution of viruses, worms, trojans, brute force attacks, spam or the use of other links, programmes or procedures which could be harmful for Lemonade.
6
Term and Termination; Blocking
6.1
The user agreement is for an indefinite term.
6.2
The Registered User may terminate the user agreement at any time without a period of notice via the corresponding function in the App or in the Portal. Lemonade is entitled to terminate the user agreement with a period of notice of two (2) weeks at all times.
6.3
The right to an extraordinary termination without notice for a material reason remains unaffected. A material reason is given for Lemonade in particular where the Registered User violates a prohibition in Clause 5.2.
6.4
The termination of the user agreement will not affect the existing insurance contracts.
6.5
In the event of material violations of the Registered User's duties and in the event of material reasons to suspect a material violation of duty, Lemonade is entitled to block the Services to the Registered User, in particular in the event of transmittal of deliberately incorrect or false personal data or details relevant to the insurance contract by the user. Lemonade will inform the user of the reasons for being blocked by email. Such a blocking will continue until the violation of duty has been remedied and/or the user has confirmed in a credible manner to refrain from a violation of duty in the future.
7
Data Protection
During the use of the Services, Lemonade will collect and process personal data. The data processing will be effected in accordance with the provisions of the respective applicable data protection laws. Further information on this can be found in the privacy policy of Lemonade.
8
Complaints Procedure
We always try our hardest to provide you with delightful customer care, but if you’re not satisfied with us please reach out and let us know.
Here’s how to file a complaint
Reach out to our Customer Experience Team via phone or email. Our team will be more than happy to help solve the issue. If we can't solve it together, you’ll be able to report your complaint via email to us.
How to report a complaint
Report your complaint by telephone to our Customer Experience Team. They can be reached on weekdays between 9am and 6pm on 0800 0226040. Or email [email protected] (make sure you put the word ‘complaint’ in the subject line). Don’t forget to describe the issue as clearly as possible.
What can you expect from us?
  • You’ll receive a confirmation of receipt of your complaint within 2 working days
  • We’ll respond within 5 working days
  • If we need more time, we’ll let you know
If we can’t resolve the issue together, you’ll be able to submit the complaint to an independent party. Lemonade is affiliated with the Financial Services Complaints Institute (KiFiD). For more information about submitting your complaint to the KiFiD go to: www.kifid.nl.
9
Final Provisions
9.1
Amendments or supplements to this agreement shall be subject to the written form in order to be legally valid. The same shall apply in respect of amendments to this requirement of the written form.
9.2
If any provision of these ToS is or becomes invalid or void, this shall not affect the validity of the other provisions. In place of the not-included or invalid provisions of these ToS, statutory law shall apply. Where such statutory law does not exist in a particular case (regulatory gap) or would lead to an unreasonable outcome, the parties will commence negotiations in order to come to a valid provision which replaces the invalid provision with one which is as close as possible to it in an economic sense.
9.3
The laws of the Netherlands shall apply, excluding the CISG. This choice of law shall apply only insofar as the protection granted by the mandatory provision of the laws of the state in which the consumer has his habitual residence remains valid.
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