AKKO Group Programs Membership Agreement

The Terms.

Thank you for reviewing this agreement, (the “Membership Agreement”) for your AKKO membership (the “Membership” or “AKKO Membership”) which is provided to you as part of your group program. This Membership Agreement is between the client group registering for the program and AKKO LLC and/or its affiliates or authorized third-party service providers (“AKKO” or “us” or “we”) and governs our respective rights and obligations. 

1- AKKO Membership.

We will provide the Membership services, (collectively “Membership Benefits”) to the entity who is identified as the member of the Akko Membership (“Client”, “you” or “your”). 

2- Membership Benefits:

As a Member, Client is entitled to the following Membership Benefits: 

a. Technical Support and assistance for troubleshooting device issues and diagnosing common malfunctions.

b. Discounts on products and services from AKKO or affiliate partners and suppliers. 

c. Benefits for Client’s Items listed on the Confirmation Page which provide assistance in the event an Item in Client’s care, custody, or control is misplaced and cannot be recovered. These benefits are backed by Victoria Corporate Limited.

See sample Confirmation Page here.

3- Additional Terms.

Services provided under the Akko brand and/or by our authorized service providers are subject to the additional terms, limitations and exclusions below or found in your Group Protection Plan terms and conditions. 

Client may not access or use the Membership for any purpose other than that for which we make the Membership available. The Membership may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a Member, Client agrees not to:

1. Systematically retrieve data or other content from our website or mobile application (the “Content”) to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
2. Make any unauthorized use of our website or mobile application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
3. Use your Membership or our website or mobile application to advertise or offer to sell goods and services without our consent;
4. Circumvent, disable, or otherwise interfere with security-related features of our website or mobile application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of our website or mobile application and/or the Content contained therein;
5. Engage in unauthorized framing of or linking to our website or mobile application;
6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
7. Make improper use of our support services or submit false reports of abuse or misconduct;
8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
9. Interfere with, disrupt, or create an undue burden on our website or mobile application or the networks or services connected to our website or mobile application;
10. Attempt to impersonate another user or person or use the username of another user;
11. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of  our website or mobile application;
12. Attempt to bypass any measures of your Membership or our website or mobile application designed to prevent or restrict access to your Membership or our website or mobile application, or any portion of your Membership or our website or mobile application;
13. Delete the copyright or other proprietary rights notice from any Content;
14. Copy or adapt our website or mobile application software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
15. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our website or mobile application;
16. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
17. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses your Membership or our website or mobile application, or using or launching any unauthorized script or other software;
18. Use your Membership or our website or mobile application in a manner inconsistent with any applicable laws or regulations;
19. Submit a request for Membership Benefit regarding a non-portable electronic device which has become unrecoverable while located outside of the United States;
20. Submit a request for Membership Benefits regarding thefts which occur while Item(s) are located in a commercial location or when multiple (more than five) Items which are stored together are stolen; or 
21. Submit a request for Membership Benefits regarding an unrecoverable Item arising out of infidelity, dishonesty, or any willful misconduct on the part of the Client, associate in interest, and/or any third party. This includes, but is not limited to, Items that are willfully not returned to the Client by any individual, employee, contractor, or student to whom an Item was issued.

4- How Can You Use Your Membership? 

1. To access Your technical support benefits, please contact AKKO at contact+harbor-benefits@getAKKO.com.
2. To obtain discounts from AKKO’s vendor partners, please contact AKKO at contact+harbor-benefits@getAKKO.com.
3. In the case of a request for service for an unrecoverable Item, the Client shall follow the guidelines they were provided by AKKO at the time their Program begins. Or, the Client may also email claims@getAKKO.com and provide their organization’s name and the Client Point Contact’s name and email address along with the serial number(s) or unique identifiers of any affected Item(s). A statement from the Client is required for claims for unrecoverable Items stating the details of the incident.
4. Stolen Items will follow the same claims procedure with the exception that a police report will need to be filed within seven (7) days of the occurrence, with a copy provided to AKKO.
5. The Client will have 60 days from the end of the Program Period to submit any claims for loss, damage, or theft that occurred during the Program Period. 
6. Claim payments issued for the replacement cost of an Item that is lost, stolen, or damaged beyond economic repair, will be issued to the Client unless otherwise instructed by the Client.

5- Client responsibility under the Membership

Client to the following requirements under the Membership: 

1. Client must pay any and all dues, fees, and costs associated with your Membership or Group Protection Plan. 
2. Client must provide any information which is reasonably necessary for AKKO to provide the Membership Benefits.      
3. Client must ensure that any data residing on your Item is backed up. AKKO does not make any guarantees as to the protection of data on your Item. 
4. Client is responsible for the safekeeping of the Items. Loss of an Item arising out of infidelity, dishonesty, or any willful misconduct on the part of the Client, associate in interest, and/or any third party. This includes, but is not limited to, Items that are willfully not returned to the Client by any individual, employee, contractor, or student to whom an Item was issued.

6- When Membership Begins and Ends

Membership begins as indicated in the Confirmation Page. Membership in turn ends on the date specified in the Client’s Confirmation Page (the “Membership Period”).   

7- Cancellation

You agree to abide by the following cancellation requirements: 

1. The Client may cancel this Membership at anytime. To cancel your Membership, you may email AKKO at cancel@getAKKO.com or reach out to AKKO’s support team. 
2. The Client may receive a refund under Your Group Protection Plan. Please review the Group Protection Plan terms and conditions to determine if a refund is available to you. 
3. Unless applicable local law provides otherwise, AKKO may cancel this Membership for fraud, material misrepresentation, failure to pay required fees, failure to adhere to proper conduct within the AKKO community, or by choice with due notice and after any obligations to you have been fulfilled and fully resolved.     
4. Upon the effective date of the Client’s cancellation, AKKO’s future obligations under this Membership to you are fully extinguished.
5. Any cancellation of the Membership will result in the automatic, immediate cancellation of any Group Protection Plan or any other Membership Benefits. 

8- Notice. 

We will notify you regarding cancellations, annual renewals of AKKO, and changes in price to the e-mail address the Client provided to us. It is the Client’s responsibility to contact us at support@getakko.com or contact@getakko.com to update your e-mail address if necessary. We may also send you any notices to the postal address we have on file for the Client.

9- Disclaimer of warranties.

EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10- Limitation of liability.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE MEMBERSHIP, EVEN IF SUCH LOSSES WERE FORESEEABLE AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11- Miscellaneous. 

1. This Membership Agreement operates to the fullest extent permissible by law.  We may assign any or all of our rights and obligations to others at any time.  We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
2. If any provision or part of a provision of this Membership Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Membership Agreement and does not affect the validity and enforceability of any remaining provisions.
3. The administrator of the Membership is AKKO LLC, 95 Third Street, 2nd Floor, San Francisco, CA 94103. (415) 523-9233. For some Membership Benefits which may include protection from other insurance policies, AKKO partners with Elite Risk Insurance Solutions Lic#0G40499.