Terms and conditions

LEGALS

Terms and conditions

The Small Print, AKA the terms and conditions

Why you should read these

Please read these terms and conditions (Terms) carefully before you use Cuvva. They’ll tell you who we are, how we provide products to you, how we might change these terms, how you or we could end our agreement to these terms, what to do if there’s a problem and other important information. If you think there’s a mistake or anything needs amending, please get in touch. The best way to speak with us is usually in the app – or you can email us at support@cuvva.com.

1. General

These Terms are provided by Cuvva Limited (Cuvva, we, our) a company incorporated in England (no. 08907985) with registered office 2 Ackmar Road, London, England, SW64UP. We’re authorised and regulated by the Financial Conduct Authority under number 690273. And we’re registered with the Information Commissioner’s Office under number ZA056769. These Terms will be legally binding when you accept them. We’ll make small changes from time-to-time, so come back and read these Terms now and again. We’ll notify you by e-mail or by a notification in  the app or website if we make material changes, so you can read and let us know if you accept the updated version.

2. Our Services

We’re an independent insurance intermediary acting on your behalf to arrange motor insurance. Cuvva acts on your behalf in obtaining either of two products (Products): a short-term product (Short-term); and a subscription product (Subscription). The Products are underwritten by insurance companies (Insurers), not Cuvva. To purchase a Product, you need to agree to a contract with the relevant Insurer (Insurance Contract) which will govern the terms and conditions on which the nominated vehicle is insured. Cuvva doesn’t provide personal recommendations or advice. Cuvva hasn’t carried out an analysis of the market to identify the best possible offer for you. You’ll need to make your own choice on whether the product is suitable for your needs. The Short-term product is provided by a single insurer on a non-exclusive basis (meaning we may use a different Insurer each time you use the Short-term Product). The Subscription product is provided by a single insurer on an exclusive basis (meaning you receive your Subscription from the same Insurer). Details of the relevant Insurer can be found within your Insurance Contract prior to purchasing either Product, and/or are available on request. Currently it is not possible to purchase our Products when outside the UK.

3. Your Protection

Cuvva Limited is authorised and regulated by the FCA, as we described earlier. We’re permitted to arrange non-investment general insurance contracts. You can check this information on the FCA’s Register by visiting www.fca.org.uk/register or by contacting the FCA on 0800 111 6768. Cuvva is responsible for arranging and administering our Products. As part of this service, it is our intention to provide you with an exceptional level of customer support at all times. Should you be dissatisfied with Cuvva, we have a formal complaints procedure. You can contact us via the app or by e-mail at support@cuvva.com. If you’d rather send us a letter in the post – contact us in the app or by email to get our up-to-date postal address. The Insurers are responsible for the underlying insurance policy and related claims. Should you be dissatisfied with the Insurers, you can contact them directly. If you need any further information, please refer to your Insurance Contract or get in touch with us. If you remain dissatisfied with either Cuvva or our Insurers, you are entitled to refer your complaint to the Financial Ombudsman Service at any time and free of charge. You can find more details here about how to do this here: http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm). We are also covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the FSCS if we cannot meet our obligations. Further information about compensation scheme arrangement is available here: https://fscs.org.uk/your-claim/

4. Information about the Insurers and Purchasing Process

All transactions to purchase Products are completed via our app. Prior to payment you’ll be given a quote which will be valid for a limited period as shown in our app. You should only proceed to the payment screen and then authorise payment if you accept the quote, the Terms and the Insurance Contract and wish Cuvva to collect money from you. After you authorise payment, we may carry out final checks which can result in a failed purchase. If this occurs and results in an uncaptured payment, we will automatically release the payment within a few minutes, however it may take up to 7 days to be processed by your bank. Before purchasing Products via our app, you should read the relevant Insurance Contract with the Insurer, which is provided within the app. The Insurance Contract covers any terms and conditions between you and the Insurer (whereas these Terms are between you and Cuvva). You can only use our app to purchase Products for yourself. You can’t purchase on behalf of another person. If you represent yourself as another person to apply for a Product, the Product may not be valid. You can’t pay for our services using a payment card that belongs to someone else. You should only use payment details relating to a bank account of yours. Cuvva can’t guarantee that our app will be available at all times, including due to problems with third party websites or your internet connectivity. Cuvva will not be responsible to you for any losses or inconvenience as a result of our app being unavailable.

5. Your Responsibility for Accurate information

In the case of all insurance, the validity of cover and the amount you pay depends on the information you provide. It’s your responsibility to provide complete and accurate information to us and the Insurer at all times, including when you purchase your Product. It’s important that all statements you make are complete, true and accurate. You must notify us of anything which may affect the Product, insurance policy or quote, such as motoring convictions, criminal convictions or any vehicle modifications. You can update your details yourself or speak with us in the app, by e-mail, or in writing. All communications are recorded – see our Privacy Notice for more information. If you’re not sure whether you need to tell us something – please ask. We’re happy to help! If the information provided by you is not complete and accurate:

  • The insurance policy may be voided by the Insurer, meaning the insurance policy effectively never existed and you may be liable for driving without insurance
  • The insurance policy may be cancelled by the Insurer, meaning the Insurer can refuse to pay a claim, or may not pay a claim in full
  • The Insurer may require you pay additional premiums, change the compulsory excess, or the extent of the cover may be affected to reflect the increased insurance risk.
  • You may be responsible for damage or loss to a third party if you cause an accident.

Further details of the Insurer’s rights are set out in the Insurance Contract. We won’t be responsible for any loss, damage or otherwise that results from you not having not provided complete and accurate information, unless it would be illegal for us to exclude or attempt to exclude our responsibility to you.

6. Cancellation

If you purchase our Products, the details of your cancellation rights are included in the relevant Insurance Contract. In most cases, due to the rules governing short-term insurance, once the Product is active you no longer have a right to receive a refund.   Your Insurance Contract will include a cancellation clause for the Insurer in certain circumstances. You should ensure you understand when this might happen before you enter into the Insurance Contract.

7. How we get paid

For all Products, you’ll be advised of the insurance premiums, taxes and fees payable in our quote summary which you can see in the app prior to purchase. Cuvva Limited is usually paid either by receiving a percentage of the insurance premium by way of commission from the Insurer or service provider, or by receiving an admin fee from you for arranging the insurance, or both. We may earn additional amounts from Insurers to reflect the performance of the Products. All commissions, taxes and fees are disclosed in our app, or available from us on request.

8. Correspondence

Prior to purchasing your Product you’ll be able to review the Insurance Contract in long format. Depending on the Product, you may also receive a summary (Key Facts Document). Following purchase you’ll receive an email with your Insurance Certificate and Insurance Contract relating to your policy. The email will also include a breakdown of what you’ve paid and some other useful information, like how to contact us if you have an accident. These documents are also visible within the app. We may need to contact you from time-to-time, usually by e-mail or in the app. It is important that you read any messages sent to you and respond in a timely fashion when necessary. Please be aware that we may require certain information from you on behalf of our Insurers and failure to provide such information can result in the cancellation of an existing policy and/or not being allowed to purchase future policies. Any such action will be taken in accordance with the terms of your Insurance Contract. It’s important to ensure that the details of the vehicle you want to insure match the details that you enter in the app. Failure to do so can lead to you getting insured on the wrong vehicle! Please also check that the details that we provide you about the vehicle prior to purchase match the vehicle you wish to drive.

9. Motor Insurance Database

All UK car insurance policies are automatically added to the “Motor Insurance Database” which is used by the police and ANPR cameras to confirm cars are driving legally. Although Cuvva sends information to the MID faster than other companies, unfortunately, the database is slow to update and it’s possible your policy will have expired before it shows up on the MID. Your policy documents (found in app or by e-mail) are proof of your cover and if there are any questions from the authorities, they can do a live check or get in touch with Cuvva. Please ensure that any authorities double check your policy documents and if there is any doubt, they should contact Cuvva – once your car is impounded you typically have to pay a high fee for the vehicle’s release.

10. Authentication

Please keep your phone security details safe and confidential – tell us immediately if you think someone else may have accessed the Cuvva App using them. If you don’t keep your phone security details safe and confidential, and/or you allow another person to access the app using them, and another person uses your phone to purchase a Product, Cuvva will not be obliged to refund you for that Product. In order to verify that your card details are active we may charge a small nominal amount (for example £1.00) to your card or account, this will be released back to you within 7 days (this is sometimes known as an “active card check”). This may still happen if the card verification fails, and can happen more than once if you add the card multiple times.

10. Claims and incident reporting

Claims should be notified to the Insurer as soon as possible. If you do not, an Insurer may refuse to deal with your claim or reduce the amount that you receive from them and Cuvva cannot intervene with the Insurer on your behalf. In the event that an Insurer becomes insolvent or delays making settlement we do not accept responsibility for paying any unpaid amounts owed to you.

12. If things go wrong

We understand that we may have responsibilities in the event of our negligence, and do not attempt to restrict or exclude our responsibility. We do not accept any responsibility for any loss or damage you may incur as a result of the acts or omissions of your Insurer. If we don’t meet our obligations under these Terms due to events outside of our control, such as machine failure, industrial disputes or because we have to keep to a relevant law, we won’t be responsible for any losses or costs caused.

13. Your Instructions

Usually all communications are made via the app, however we may also contact you by e-mail, letter, telephone or face-to-face. We cannot guarantee that your instructions have been received unless we have acknowledged them. We reserve the right to refuse instructions but, if we do, we will inform you. Please note that office hours are Monday to Friday, 9.00am to 6.00pm UK time. There may be a delay in responding to instructions if they are received outside of office hours.

14. Privacy Notice

You can find details of how we treat the information you provide to us (including personal information) in our Privacy Notice which you can find in our app.

15. Money Laundering & Proceeds of Crime

We are obliged to report to the Serious Organised Crime Agency any suspicion of money laundering or terrorist financing activity and we may be prohibited from disclosing to you the contents of such report or the fact that such report has been made.

  16. Third Party Rights

This contract is between you and us, nothing in these Terms will give any person any right to enforce any of these Terms and neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.

17. Severability

If any part of these Terms is or becomes illegal, invalid or unenforceable then that part shall be considered to be removed from these Terms and shall not in any way affect the legality, validity or enforceability of the remaining Terms.

18. Waiver

Our failure or delay in enforcing or partially enforcing any provision of the Terms will not be construed as a waiver of any of our rights under the Terms. This means that If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

19. Use of the Cuvva app

By using the Cuvva App you agree that you are solely responsible for ensuring you have permission to use the relevant vehicle to which the Product relates. Cuvva has no control and takes no responsibility for the relevant vehicle.

20. Insurer solvency

We don‘t guarantee the solvency of any insurer we help arrange your purchase Products from. An insolvent Insurer may be unable to pay a proportion or all of any claim made. If an Insurer becomes insolvent you may need to pay a further premium to pay for alternative insurance cover. In the event an Insurer becomes insolvent, we will let you know as soon as we can and help as best we can.

21. Law and jurisdiction

If you are based in England or Wales, these terms of business shall be governed by and construed in accordance with English 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 exclusive jurisdiction of the Courts of England and Wales. If you are based in Scotland, these terms of business shall be governed by and construed in accordance with Scottish 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 exclusive jurisdiction of the Courts of Scotland. If you are based in Northern Ireland, these terms of business shall be governed by and construed in accordance with Northern 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 exclusive jurisdiction of the Courts of Northern Ireland.