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(“the Terms”)

Auto & General Insurance Company Limited (hereinafter referred to as Auto & General) has developed a mobile application (“the App”) for you (“the User”) which will, amongst others, assist Auto & General in providing the Service/s to the User/s as more fully described herein and to enable Auto & General to render, amongst others, effective emergency assist services to Auto & General Policyholders and / or Regular Drivers.

 

The App and Services are operated, offered and administered by Auto & General and / or its affiliates and any reference to “Auto & General”, “we” or “us” throughout the Terms will include reference to Auto & General Insurance Company Limited and / or its Affiliates. 

 

These Terms govern the use of the App located at Google PlayStore and Apple App Store only. By downloading and using the App, User’s agree to be bound by the Terms set out herein and further warrant that they have the legal capacity and authority to accept the Terms which form a legally binding agreement. The User further warrants that the information provided during the App registration process, as well as any information provided subsequent thereto, for use of the Service/s is true and complete in all respects.

 

1     Definitions:

1.1  “Auto & General” means Auto & General Insurance Company Limited, a company duly incorporated in terms of the laws of South Africa with registration number: 1973/016880/06. Auto & General is the lawful owner of the Auto & General Insurance App;

1.2  “User” means a natural person whom has completed the App registration process in order to utilise the App and the Service/s. The User can be either an Auto & General policyholder or noted regular driver as per the policy contract between Auto & General and the policyholder;

1.3  “Service/s” means the AutoSOS service which will, once registration has been completed by the User and all other the stipulations have been complied with, alert the Auto & General Emergency Assist Provider should the regular driver have been involved in a serious motor vehicle accident. The AutoSOS service will in such an event assist Auto & General with tracking of a User’s GPS Location as well as to monitor incidents, providing User’s with an easy to understand and easily accessible point of contact with Auto & General and any further services and / or product offerings which may be provided by Auto & General from time to time. The Service/s will be limited to and / or only only available for use within the Borders of South Africa;

1.4  “Party / Parties” means Auto and General and the User respectively and / or jointly as the case may be;

 

2     Obligations of the user:

2.1  It is specifically recorded that the User:

  2.1.1     is solely responsible for safeguarding and maintaining the confidentiality of the User’s account, including the User’s username and password, and further that the User is responsible for all activities that occur and / or do not occur, whichever is applicable, under the User’s account, whether or not the User has authorised such activities.

  2.1.2     will not at any time during the use of the App and/ or Service permit any third party to access the App and / or use the Service/s through the User’s account;

  2.1.3     will not, directly or indirectly:

    2.1.3.1     violate any law, statute, regulation or agreement;

    2.1.3.2     provide false, inaccurate or misleading information;

    2.1.3.3     use the App and the Service/s for reasons other than expressly provided for and authorised by Auto & General;

    2.1.3.4     modify, reverse engineer, decompile, disassemble, or create derivative works based upon the Service or any software or programming related thereto;

    2.1.3.5     use any device, software, methodology, or routine to interfere with the proper working of the Service or servers or networks connected to the Service;

    2.1.3.6     access data of which the User is not the intended recipient or log into a server or account on a network related to the Service that the User is not expressly authorised to access;

    2.1.3.7     harvest or collect information about other Auto & General App users;

    2.1.3.8     engage in any activity that interferes with any third party's ability to use or enjoy the Service; and

    2.1.3.9     circumvent any Auto & General policy or determinations about the User’s App account such as temporary or indefinite suspensions or other account limitations or restrictions, including: attempting to create new or additional Auto & General accounts when an account has been restricted, suspended or otherwise limited or using someone else's Auto & General Insurance App account.

2.2  The User shall not be entitled to assign, transfer, cede or delegate any of its rights and obligations contained herein without the written consent of Auto & General.

2.3  The User agrees that for certain Services to be effectively and accurately rendered, it will be a requirement that the User’s GPS and / or location settings and network services (specifically data services) be activated in order for Auto & General to render effective emergency services via its Emergency Assist Service providers. In such instances, Auto & General will through the App be able to identify the User’s geographic location using GPS via the User’s mobile device. Though Auto & General will be able to identify the User’s geographic location, Auto and General will not receive, use, collect or store the User’s personal information other than that personal information needed to render the Service/s effectively.

 

3     Further applicable Terms and Conditions:

The App and the Service/s rendered thereby will also form part of Auto & General’s online product offerings and services ("Online Services"). The Online Services are governed by separate Terms and Conditions ("Online Service Terms") that are available on the Auto & General Website located at www.autogen.co.za

 

The Terms should at all times be read in conjunction with the Auto & General Online Terms and Conditions, and the further specific Auto & General product and / or service related terms and conditions all of which can be found on the Auto & General Website.

 

4     Duration and termination / suspension of the Terms: 

4.1  The Terms become effective when User’s first access the App and agree to the Terms. The version of the Terms, which will be contained on the App, will govern the respective rights and obligations each time the User’s access the App. The User’s continued access and use of the App and Services will thus constitute the User’s binding acceptance of the Terms, including any changes or modifications thereto.

4.2  The User acknowledges that use of the App is provided free of charge, and Auto & General may suspend the use thereof as well as the license granted herein at any time with or without notice to the User by disabling access to the App. The User may terminate use of the App and the related Terms at any time upon notice to Auto & General.

4.3  If the User’s access to the App is terminated or suspended, Auto & General reserves the right to exercise whatever means Auto & General deem necessary to prevent unauthorised access to the App, including, but not limited to, technological barriers, IP mapping etc.

 

5     Licence to use App:

Subject to the Terms and any further specific product and service terms and conditions which may be applicable to such product or service, Auto & General grants the User a non-exclusive, non-transferable (except as otherwise provided herein) license to use the App as well as the related Services contained thereon;

 

6     Data Protection:

6.1  Auto & General hereby warrants, represents and undertakes in favour of the User that:

  6.1.1     it shall not, at any time, process data for any purpose other than with the express prior written consent of the User and to the extent necessary to provide the Services to the User; and

  6.1.2     it shall ensure that all its systems and operations which it uses to provide the Services, including all systems on which Data is processed as part of providing the Services, shall at all times be of a minimum standard required by all applicable laws and be of a standard no less than the standards which are in compliance with the best industry practice for the protection, control and use of Data.

  6.1.3     Auto & General shall take appropriate and reasonable technical and organisational measures to prevent the loss of, damage to or unauthorised destruction of Data and the unlawful access to or processing of Data. The measures taken must at all times be of a minimum standard required by all applicable laws and be of a standard no less than the standards which are in compliance with the best industry practice for the protection, control and use of Data.

  6.1.4     Auto & General shall take reasonable steps to identify all reasonably foreseeable internal and external risks posed to Data under Auto & General’s possession or control and establish and maintain appropriate safeguards against any risks identified. Auto & General shall regularly verify that the safeguards are effectively implemented and keep a record of such verification. The safeguards shall be updated continually in response to new risks or deficiencies in previously implemented safeguards.

  6.1.5     Auto & General shall notify the User:

    6.1.5.1     of any risks posed to Data that it has identified;

    6.1.5.2     of the safeguards established by Auto & General to mitigate the impact of the risks; and

    6.1.5.3     that the safeguards have been effectively implemented.

  6.1.6     Auto & General shall notify the User of any security compromises or suspected security compromises of which it becomes aware or suspects, immediately on becoming so aware or forming such a suspicion.

 

7     Errors:

7.1  The Parties agree that the possibility exists that certain errors and / or omissions can occur during the provision of the Services by Auto & General to the User via the App;

7.2  Should a User become aware of any error and / or omission during the use of the App the User agrees to inform Auto & General within  seven (7) days of the nature, extent and / or time of such error and / or omission following which Auto & General will initiate the needed investigation in order to rectify, if applicable;

7.3  Auto & General hereby acknowledges that it will not intentionally create or initiate such errors and / or omissions and will endeavour to resolve such errors and / or omissions within good faith within a reasonable time period;

7.4  Auto & General will not be liable for any resultant damages suffered by the User due to such errors and / or omissions.

 

8     Ownership:

The Terms do not grant the User any right, title, interest, license (express or implied) to the App, any patent, trademark, service mark, copyright, trade secret or proprietary right associated with, on the part of Auto & General, the Service, or, previous applications or business methods of Auto & General (or its affiliates) required or provided in connection with the Service (whether owned or licensed by Auto & General or its affiliates or a third party); or arising from Auto & General or its affiliates' research and development activities. Auto & General has and retains exclusive and valid ownership of the Service, the names and marks thereof, and all intellectual property, proprietary rights and documentation therein, and you acknowledge that the foregoing constitute valuable assets and may constitute trade secrets of Auto & General. 

 

9     Dispute:

9.1  If a dispute of any nature arises, including in regard to the interpretation of, the effect of, the Parties' respective rights or obligations hereunder, a breach of and/or the termination of the Terms, then the User shall submit such dispute in writing to Auto & General;

9.2  Auto & General will endeavour to resolve such dispute within a reasonable time period considering the complexity of such dispute and will further endeavour to keep the User informed as to the progress of such dispute;

9.3  The provisions of this clause 9 shall however not preclude either Party from seeking alternative relief from an appropriate forum.

 

10     Breach:

10.1     In the event that the User commits any breach of the Terms and fails to remedy such breach within 7 (seven) business days ("Notice Period") of written notice requiring the breach to be remedied, then Auto & General will be entitled, at its option: 

  10.1.1   to claim immediate specific performance of any of the User’s obligations, with or without claiming damages, whether or not such obligation has fallen due for performance;

  10.1.2   to cancel or suspend use of the App and / or the provision of the Services, with or without claiming damages, in which case written notice of the cancellation shall be given to the User, and the cancellation / suspension shall take effect on the giving of the notice.

Auto & General’s remedies in terms of this clause 10 are without prejudice to any other remedies to which Auto & General may be entitled in law

 

11     Force majeure:

Neither Party shall be liable for any failure to fulfil its obligations under these Terms if such failure is caused by any circumstances beyond its reasonable control, including but not limited to flood, fire, earthquake, war, tempest or hurricane beyond the control of either Party or acts of God.

 

12     Indemnification:

12.1     The User agrees to indemnify, defend and hold Auto & General, its partners, affiliates, contractors, officers, directors, employees and agents harmless against, all liabilities, damages and costs including attorney fees and costs payable to third parties arising out of a claim or dispute against Auto and General arising directly or indirectly from the User’s acts and / or omissions to act in using the Services pursuant to the Terms.

12.2     Auto & General shall not be liable for the content and / or information, or the accuracy thereof, as uploaded by the User.

12.3     In no event shall Auto & General, its licensors, its suppliers, or any third parties mentioned on the App or during the rendering of the Service be liable for any damages, including, without limitation, direct, indirect, incidental, special or consequential damages, personal injury/wrongful death, lost profits, or damages resulting from the use of or inability to use the App and / or Service, the content, or arising out of the use of or inability to use the Service, even if we have been advised of the possibility of such damages, whether based on warranty or contract and whether or not Auto & General, its licensors, its suppliers, or any third parties mentioned on the Auto & General Insurance  App and Service are advised of the possibility of such damages.

 

13   General:

13.1     The Law governing the Terms shall be that of the Republic of South Africa.

13.2     The language of the Terms and of all communications between the Parties shall be English and / or such other language agreed to between Auto & General and the User. All reports, communications and recommendations prepared under the Terms shall be in English.

13.3     Any provisions of the Terms which may become inconsistent with legislation due to amendments to that legislation shall be deemed, insofar as possible, to be amended accordingly, provided that, where such legislative amendments render any provisions illegal, invalid, unenforceable or ineffective, the Parties shall renegotiate such provisions in good faith, having due regard for such amendments and to the principles contained herein. If any provision cannot be renegotiated it shall be treated pro non scripto and severed from the balance of the Terms, without invalidating the remaining provisions of the Terms or affecting the validity or enforceability of such provisions.

13.4     The Parties shall at all times owe each other a duty of good faith.

13.5     No variation or consensual cancellation of the Terms and no addition thereto shall be of any force or effect unless reduced to writing by Auto & General.