Auto and General App Terms
Over three decades experience in the palm of your hand. That’s what you get with the Auto & General App (“the App”). You (“the User”) can rely on our app for providing Services ranging from mobile crash detection and emergency medical assistance (“AutoSOS”), roadside assistance to viewing your policy details.
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 Limited and/or its Affiliates.
These Terms govern the use of the App located at Google Play Store and Apple App Store only. By downloading and using the App, Users 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.
- 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 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 services, including but not limited to, roadside assistance, AutoSOS service (available only on comprehensive vehicle insurance) where Auto & General Emergency Assist Provider is alerted of a possible high impact motor vehicle accident and dispatch emergency medical assistance to the User’s GPS location, 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 available for use within the Borders of South Africa.
1.4. “Party / Parties” means Auto & 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 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. aviolate any law, statute, regulation or agreement;
2.1.3.2. provide false, inaccurate, intentionally manipulated 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 nor contravene any of the specific and / or applicable Auto & General terms and conditions;
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 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 be activated in order for Auto & General to track, amongst other information, the User’s location. 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 & 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. Services
3.1. Roadside Assistance
3.1.1. This service is available only within the borders of South Africa.
3.1.2. The individual making use of the roadside assistance must be an active Auto & General App user and is required to be an Auto & General vehicle insurance policyholder in order to have access to the roadside assist benefits.
3.1.3. Roadside Assistance is available for personal cars used for private use only. No business vehicles or motorcycles may be towed as part of this service.
3.1.4. The individual will be responsible for any additional costs incurred with regards to the roadside assist of the vehicle, which costs, if any, include but are not limited to:
a) Costs of the fuel provided by the assist provider;
b) Costs incurred for accommodation, alternative transport required by the individual;
c) Costs for repair of the vehicle or replacement of any parts to the vehicle.
3.2. AutoSOS
3.2.1. AutoSOS is an automatic in-app impact detector. The App senses severe car accidents and sends emergency help to your location. This benefit is only available with comprehensive vehicle insurance policies.
3.2.2. After the regular driver has been activated on the online profile of the policyholder and they have created their own online profile, they can download the Auto & General App from the relevant App store (iOS and Android) and follow the prompts of this application on his/her smartphone.
3.2.3. With the smartphone application enabled on the regular driver’s phone, driving trips will be monitored, but not recorded, via the phone’s GPS location and accelerometer for an accident. In the event of a severe accident, our AutoSOS call centre will automatically be notified and our consultant/s will attempt to contact the regular driver. If the regular driver confirms the need for medical assistance or should we be unable to reach the regular driver, emergency medical responders will be automatically dispatched to the GPS location from where the signal or notification was received.
3.3. Device compatibility
3.3.1. This App will be compatible with most Smartphones but will not be compatible with other devices such as tablets and smart watches.
4. Duration and termination/suspension of the Terms
4.1. The Terms become effective when Users 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 Users access the App. The Users continued access and use of the App and Services will thus constitute the Users’ 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. License to use App
5.1. 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.
6.2. 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.
6.3. Auto & General shall take reasonable steps to identify all reasonably foreseeable internal and external risks posed to Data in 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.
6.4. Auto & General shall notify the User:
6.4.1. of any risks posed to Data that it has identified;
6.4.2. of the safeguards established by Auto & General to mitigate the impact of the risks; and
6.4.3. that the safeguards have been effectively implemented.
6.5. 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. General
7.1. The Law governing the Terms shall be that of the Republic of South Africa.
7.2. 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.
7.3. 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.
7.4. The Parties shall at all times owe each other a duty of good faith.
7.5. 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.
7.6. By clicking “Continue” in the registration process, and by using the Auto & General App, the User agrees to the Terms and Conditions of the App.
7.7. Please note that should the User switch off their location settings during a trip, Auto & General will not be able to automatically locate vehicle to render assistance.
7.8. 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 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.
8. Ownership
8.1. 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. Errors
9.1. 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;
9.2. 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;
9.3. 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; and
9.4. Auto & General will not be liable for any resultant damages suffered by the User due to such errors and/or omissions.
10.Dispute
10.1. 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;
10.2. 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; and
10.3. The provision of this clause shall however not preclude either Party from seeking alternative relief from an appropriate forum.
11.Breach
11.1. 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 is option:
11.1.1. 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;
11.1.2. 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.
11.2. Auto & General remedies in terms of this clause are without prejudice to any other remedies to which Auto & General may be entitled in law.
12.Force majeure
12.1. 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.
13.Indemnification
13.1. 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 & General arising directly or indirectly from the User’s acts and/or omissions to act in using the Services pursuant to the Terms.
13.2. Auto & General shall not be liable for the content and/or information, or the accuracy thereof, as uploaded by the User.
13.3. 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 App and Service are advised of the possibility of such damages.
14. Privacy
14.1. All personal information submitted via the Auto & General app will be treated as confidential in line with the Protection of Personal Information Act 4 of 2013 (POPI).
14.2. Personal information, as defined in POPI, is all information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic but not limited to:
(a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
(b) information relating to the education or the medical, financial, criminal or employment history of the person;
(c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
(d) the biometric information of the person;
(e) the personal opinions, views or preferences of the person;
(f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
(g) the views or opinions of another individual about the person; and
(h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person
14.3. This means that if you submit any information via the app the information will only be used by auto and general and will not be passed on to any third party without your consent unless we are permitted or required to do so by law or unless you specifically authorize us to do so.
14.4. Due to the nature of technology, it is not possible to guarantee that information is secure. At Auto & General we do however take reasonable steps to protect your personal information from loss, misuse or unauthorized alteration.
14.5. Auto & General would like to assure you that we strive to maintain a safe and comfortable experience with minimum risks to you. If you would like any more information about the contents of this Policy please contact onlinesupport@autogen.co.za.
15. Auto & General Emergency Assist
15.1 “The sharing of your location through Auto & General Emergency Assist on the Auto and General app is at the user’s discretion. In using the functionality you consent to the app collecting your location data utilising GPS on your phone. Auto and General will not be held liable for the incorrect location being shared or incorrect recipient being chosen to receive the location that is shared.”