Terms and Conditions

Why read this?

Beyond the fact that it's wall-to-wall excitement, you should read this document carefully because it sets out the legal contract between you and us, and our responsibilities towards each other. You should also read our Privacy and Cookie policies which explain how Kudo looks after your data and how we treat cookies. For details about your insurance policy you should refer to your separate policy documentation.

Who are ‘we’?

In this document the words “we”, “us”, “our” and “Kudo” all refer to Toggle Data Services Ltd. We are a company registered in England and Wales under company number XXXXXXX and our registered office is at YYYYYYYYYYY. “You” refers to the individual asking us to work on your behalf under these terms of business.

Who regulates us?

Toggle Data Services Ltd. is XXXXXXX, authorised and regulated by the Financial Conduct Authority (FCA). The FCA permits us to carry out the following activities: YYYYYYYYYYY

If you want to find out more about the FCA and their work, you can call them on 0800 111 6768. If you want to see the Financial Services Register for yourself, just visit https://register.fca.org.uk. You’ll find us in the register under number ZZZZZZZZ.

As you’d expect, everything we do, including these Terms of Business, is also subject to English Law and the jurisdiction of the English Courts.

Contact details

You can contact us:

by post: XXXXXXXXXX
by email: YYYYYYYYYY
by telephone: ZZZZZZZZZZ

As we try to be as paperless as possible, we will communicate with you using the Kudo app and the email address you give us in your application form, so it’s important that you keep this accurate and up-to-date. If you wish to change the email address that we use to communicate with you, please contact us.

If you’d like to receive any of the information we provide to you on paper, please let us know.

Our service

We want to provide cover that suits your needs as closely as possible. We’ll ask questions about you and the insurance you are looking for. We will provide you with information about a range of products based on the answers you give. It’s down to you to decide which product works best for you, as we do not offer advice or make personal recommendations.

First and foremost, we work for our customers. In some circumstances, where it does not conflict with your best interests and is fair to you, we may work for your insurer (for example, collecting and handing over premiums to insurers and making claim payments to customers). Kudo does not hold direct or indirect voting rights or capital in any other insurance business (nor are we part or wholly owned by any other insurance business).

We set high standards for ourselves, so naturally we’re only interested in working with companies that do the same. As a result, we regularly check up on the financial strength of our partners using ratings from independent agencies such as Standard & Poor's and A M Best. This helps us to ensure that all of our business partners live up to the high standards we set for ourselves. However, while we only ever work with regulated insurance companies, we cannot guarantee an insurer’s ability to pay claims.

 

Arranging your cover

Car insurance

During the application process we ask questions about the kind of cover you’re looking for and we put together a quote based on what you have told us you need. It’s important that you give us information truthfully and accurately to allow us to do this, or your policy might not be valid. As noted above, quotes we put together are intended to help you narrow down your options but it is always up to you whether you go ahead with a particular quote.

Breakdown cover

During your quotation process we pass information about your needs to third parties who may then quote for breakdown cover. You are free to use any breakdown service you wish, but if you do decide to accept breakdown cover offered, it will be a separate insurance product from your Kudo insurance. Breakdown policies may vary in exactly what they cover (certain kinds of vehicles or usage might be excluded) but generally they offer protection against the cost of an unexpected breakdown. Note that not all breakdown cover is written as an insurance contract or a regulated insurance contract.

The insurers we partner with

When you use Kudo, we offer you a wide range of cover options, but we can’t do it alone. We’ve partnered with some great insurers and underwriters to make it all happen.

When you purchase a policy with us, your insurer will be XXXXXXXXX. If you choose to add breakdown cover to your policy, YYYYYYY will provide that service. Lastly, if you choose to add legal expense cover to your policy, ZZZZZZZZ will provide that cover.

Money

We receive commission from insurers when we arrange your cover, which is included in the premium.

We may take payment from you monthly, so it’s important you keep your card details up-to-date with us to avoid a payment failing.

We act as an agent of your insurer in collecting premiums and handling refunds. We never hold your money, we always hold it on your insurer’s behalf.

If you don’t pay any money you owe as part of your insurance, we may use a debt collection agency. If that happens you’ll have to pay an extra fee to cover the cost. We prefer to avoid situations like this (and we’re sure you do too), so it’s very important you make sure you have enough money set aside to cover the cost of your insurance, and that your payment details are always up-to-date.

The App

As part of our service we will require you to download and use the Kudo App which you can use in accordance with these terms of business.

During your insurance, the Kudo App must remain installed and up-to-date and you must not delete it, try to modify, tamper with it, or attempt to access its software. If you do so, we may cancel your insurance. Remember that your policy excess will increase if you have an incident while the Kudo App is for any reason disabled, as set out in your Policy Schedule. 

If you experience any issues with your App, please let us know as soon as possible. Please note that unless we have been notified of an issue, and have had a chance to investigate it, we will not be responsible or liable in any way for any defects in the app or any issues you experience, which may be caused by the use of (or inability to use) the App.

We do not make any representation or warranty about the App’s performance, quality or suitability for any purpose. To the full extent allowed by law, all such representations and warranties are excluded. That said, nothing in these terms of business excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded or limited.

Kudo is responsible for the functionality, performance and technical support of the App. You are responsible for the installation and utilisation of the App. Your insurer is not responsible for any aspects of the App.

Making changes to your policy

If you want to make a change to your policy, just get in touch and let us know. Your fixed premium will be adjusted on a pro-rata basis.

Once the changes have been made, a new Certificate and Schedule will be available on our web dashboard and in the Kudo App.

Cancellation

If you no longer want to be a customer, we’ll be sad to see you go, but will always endeavour to make the leaving process as straightforward and simple as possible.

Whatever time you cancel your policy, we will refund our fees pro-rata for the time that you’ve had insurance.

Your Policy Handbook and Policy Schedule set out how you’ll be refunded when your policy is cancelled, and what fees you may need to pay. We’ll refund you within 21 days using the same means of payment you used for the initial transaction.

Though we’re not keen on doing it, we do reserve the right to cancel your policy ourselves. The reasons for which we may do this are set out in your Policy Handbook. We may also cancel your policy if you breach any part of these terms of business.

Whatever the reason, we will give at least seven days’ notice before ending the policy.

No Claims Discount (NCD)

You’ll need to pay any money owed to us before we can release your proof of NCD.

Your responsibilities

To provide you with the right cover, we need the right information. You must make sure that all the details you’ve provided us with are correct – and let us know if they change. If you don’t, you could invalidate your cover. This also applies if you’ve agreed to any assumptions during the process of getting an insurance quote and purchasing it from us.

It’s also important you understand the limits, exclusions and other terms that apply to your policy – so please read all the documents we give you. If you don’t, you run the risk of unknowingly doing something that voids your policy. If that happens, your insurer may not pay your claim.

It’s your responsibility to ensure that the Kudo App is installed and has access to the correct permissions and functionalities on your device. If you have any issues with the App you must contact us as soon as possible.

Our responsibilities

You have certain rights under consumer protection laws. For example, under the Consumer Rights Act 2015 we must provide services to you with reasonable care and skill, and under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have certain cancellation rights which you can exercise within (usually) 14 days of the start of a contract. We must provide you with services that comply with your legal rights.

That said, certain matters that may affect our services are out of our control. For example, your use of the App depends on the reliability of telecommunications networks (including the Internet) and we cannot guarantee that a connection will always be available. Also, we supply our services to many people so we aren’t able to tailor them to meet every individual customer’s needs, or test them in every operating environment, so certain features may not exactly match your requirements or operate 100% effectively at all times. Although we of course do our best to provide a consistent and effective service, we are not able to guarantee that our services will be 100% available and error free. As a result, it is important for you to check that our services are suitable to meet your needs.

Confidentiality and data protection

We care a lot about keeping your data secure and confidential. We’ve created a separate Privacy Policy that outlines this in more detail – please give it a read.

Credit checks

To arrange your insurance, we or our partners may need to perform a credit search on you and any additional drivers in order to check your identity and assess your credit score. This will usually include a ‘soft’ check, which doesn’t affect your credit rating and can’t be seen by lenders.

If you have any questions about this, please get in touch.

Claims

Claiming isn’t complicated, but it’s a good idea to read your policy documents and make sure you know what’s involved. For example, certain kinds of claims may require a crime reference number. And in most cases, you’ll need to inform us of an accident as soon as possible.

Conflicts of interest

If for any reason our work for you causes a conflict of interest with another party we’re associated with, we’ll write to let you know. We’ll explain the nature of the conflict, set out a plan to ensure it doesn’t affect our work, and won’t proceed unless you’re happy.

Treating you fairly

We designed Kudo to make insurance better for safe drivers. If you don’t feel fairly treated, we’re not doing our job properly. If you feel your needs aren’t being met, or if you’ve got some ideas on how we could do better, please let us know.

Referring a friend

An existing Kudo policyholder (the ‘referrer’ or ‘you’) can give their referral link or code to a friend (we’ll call them the ‘referred’). The referred can then use this link or code to purchase a new policy with us. When a referral link or code is used, a cash credit will be awarded to the payment details supplied by both policyholders.

By sharing or using a referral link or code, both the referrer and new recruit agree that their first name and their car’s registration number will be shared.

The amount of cash credit available for referring a friend is shown at the time of purchase and can change at any time.

A referred can only claim credit if they haven’t previously been a Kudo customer.

Before purchasing a policy, the referred must read and agree to our terms of business and policy documents, and must make sure they understand our cancellation fees. If the referred cancels their policy within 3 months of the policy start date, the associated cash credit on the accounts of both the referrer and referred will be forfeited.

You can’t use a refer a friend code after you’ve bought the policy, so it must be added at the time of purchase. We can’t be held responsible if no cash credit is given because of an incorrectly copied referral link or code.

You can’t get cash credit from a referral in conjunction with any other offer, and you can only refer up to a maximum of 10 people. Unfortunately, you can’t refer yourself or your spouse when purchasing a policy for another car. Both the referrer and the new recruit must be residents of the UK and over 18.

Referral links and codes should be distributed in a personal manner. You must not use referral links and codes for commercial purposes. Paid advertising of referral links or codes, bulk email distribution, unsolicited communications and distribution to strangers aren’t allowed. When referring a friend, you must make it clear that you’re making a personal recommendation, and that you don’t represent Kudo or any Kudo employee.

Referral links must not be posted or shared on review platforms (for example, Trustpilot or Google) or on Kudo social media pages.

We reserve the right to refuse your cash credit at any time, for example, if you abuse the rules above.

Compensation

We are covered by the Financial Services Compensation Scheme (FSCS). In the unlikely event that we aren’t able to fulfil our obligations to you, they may be able to provide compensation. Further information about compensation scheme arrangements is available from www.fscs.org.uk.

If you have a complaint

We’ll always aim to resolve it as quickly as possible. With that in mind, the fastest way to reach us is by emailing complaints@kudoinsurance.com

If you prefer post, the address to use is: XXXXXXXXXXXX

If you are not satisfied with the way we deal with your complaint, contacting the Financial Ombudsman Service (FOS) could be a good next step. You can find out more about the FOS and the situations in which they can help you at www.financial-ombudsman.org.uk.


Email address: complaint.info@financial-ombudsman.org.uk.


Postal address: Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR.

Some final points

If any part (‘provision’) of these terms of business is found to be unlawful, invalid or unenforceable, that provision will be considered separated from the rest of these terms (‘deemed severed’) and the validity and enforceability of the remaining provisions of these terms of business will not be affected.

We reserve the right to change or amend these terms of business at any time by publishing the modified terms of business on this website. Any changes will take effect immediately from the date they’re published on the website.

If you break the conditions of these terms of business and we don’t take action against you straight away, we’re still entitled to enforce our rights, whether that’s in relation to that breach or any subsequent breach.

You should make sure you’ve read this documentation and information carefully before you apply for an online quotation or online cover, and make sure that you understand it.

Unless expressly agreed in writing by us, no one other than a party to these terms of business (that means nobody other than us or you) has any right to enforce any of these terms of business.

Any of these terms of business which state they’ll continue after the end of your policy or our contract with you, or are intended to do so, will do so.

© 2020 by Kudo

 

Toggle Data Services Limited (Kudo) is registered in England and Wales (number 10368531) and our registered address is 411, 3 Television Centre, 101 Wood Lane.