TERMS AND CONDITIONS
PLEASE READ CAREFULLY BEFORE DOWNLOADING OR INSTALLING THE APPLICATION
PART 1: GENERAL TERMS AND CONDITIONS OF USAGE ("TERMS”) APPLICABLE TO ALL APPLETS
INTRODUCTION
1.1 These Terms are a legally binding agreement between you and Old Mutual Insure. This Agreement is for your use of the Application, and the Software managed by Old Mutual Insure.
1.2 Old Mutual Insure licence the use of the Application to you on the basis of these Terms and your use of this Application is also subject to any rules or policies applied by, if applicable, any application store provider or operator ("Appstore Rules") from whose website you downloaded the Application ("Appstore").
1.3 We do not sell the Application to you under these Terms and we remain the owner of the Application at all times.
1.4 This Application requires a compatible smartphone or tablet computer ("Device") that enables Internet access and compatible operating systems, such as iOS, Android.
1.5 If the Device does not belong to you, by accepting these terms, you confirm that you have obtained permission from the owner of the Device to download or install a copy of the Application onto the Device.
1.6 This Application is not targeted at persons under the age of 18. We encourage parents to supervise their child's use of the Internet and we will accordingly not be held liable for any loss or damage as a result of the use of the Application by persons under the age of 18.
2. DEFINITIONS AND INTERPRETATION
In these Terms: The following words or expressions have the following meanings:
2.1 "Application" means the Old Mutual Insure Mobile App mobile application software and associated media, which includes the Applets, made available by Old Mutual Insure to users for communicating data, text, audio and video, with compatible mobile devices and for receiving advertisements, incentives and other material using the Software developed and managed by Old Mutual Insure;
2.2 "Applet/s" means unique services that are made available within the Old Mutual Insure Mobile App through the OM Insure website which includes the OM Insure Assist and Elite OM Insure Assist.
2.3 “Elite” means Elite Risk Acceptances Proprietary Limited, registration number 2018/275355/07, a wholly-owned subsidiary of Old Mutual Insure that provides non-life insurance outsourced (non-binder) services on behalf of Old Mutual Insure, and having its registered address at 54 Oxford Road, Durbanville, 7550;
2.4 "Old Mutual Insure" or "we" or "us" means Old Mutual Insure Limited, Registration Number 1970/006619/06. A licensed FSP and Non-Life Insurer that provides non-life insurance products and services having its registered address at Wanooka Place, 1 St. Andrews Road, Parktown, Johannesburg, 2193, South Africa;
2.5 "Software" means the software and other media, enabling the use of the Application;
2.6 "User" or "you" means any person who accepts installation of the Software or uses the Application.
2.7 References to the singular includes the plural and vice versa;
2.8 Links contained in these Terms to other documents should be deemed part of these Terms in terms of section 11(3) of the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act"). Although links may, from time to time, be non-operational, this shall not affect the validity and interpretation of these Terms.
2.9 Any words or phrases not defined in these Terms but defined in the ECT Act will bear the same meaning given to them in the ECT Act.
2.10 A copy of the ECT Act can be viewed and downloaded at http://www.polity.org.za/article/electronic-communications-and-transactions-act-no-25-of- 2002-2002-01-01. It is your responsibility to ensure that the copy downloaded is the most recent version of the ECT Act.
2.11 Clause headings are for convenience and not to be used in interpreting these terms and conditions.
3. ACCEPTANCE OF THE TERMS
In order to register to use the Application, we will send you an SMS pin code once we have received the mobile number of the Device onto which you wish to download and install the Application. You will then be registered on our Old Mutual Insure database as a User of the Application.
4. INFORMATION PROVIDED ON THE APPLICATION
4.1 Subject to clause 9, the User has free access to this Application.
4.2 The Application provides information to all Users who are policyholders of:
4.2.1 the Old Mutual Insure Allsure, Prosure, Motorsure and Elite insurance policy product; and
4.2.2 benefit from the Swiftcare value added service for
4.2.2.1 Accident assistance
4.2.2.2 Roadside assistance
4.2.2.2 Home assistance
4.2.2.3 Medical assistance (Old Mutual Insure App only)
4.3 The Application is intended to assist Users with telephonic access to the Swiftcare value added service and dedicated numbers may be called for emergency assistance relating to the above.
4.4 Some information provided on this Application is intended by Old Mutual Insure as a summary of your applicable Old Mutual Insure Swiftcare services. For comprehensive information on these, please consult your policy, contract, member guide, fund rules or other relevant document.
4.5 While every effort has been made to ensure the accuracy of information made available on this Application, Old Mutual Insure, their affiliates and/or partners and directors, officers and employees of Old Mutual Insure, their affiliates and/or partners, provide no representation or warranty, express or implied, regarding the accuracy, completeness or correctness of any information made available through the Application.
4.6 If there is a conflict between the information contained on the Application and the provisions of your policy, contract, the rules, or other relevant document, such policy, contract, rules or other document will prevail and will be binding on the User and Old Mutual Insure.
5. GRANT OF LICENCE AND USE OF THE APPLICATION
5.1 Old Mutual Insure grants users a non-transferable, non-exclusive licence to use the Software and the Application on your Device, subject to these Terms and, where applicable, the Appstore Rules. Old Mutual Insure reserves all other rights.
5.2 The rights granted to users are revocable which means that Old Mutual Insure can take back such rights at any time. Old Mutual Insure only supply the Software and Application for personal use.
5.3 Content made available on Application may not be used or exploited by Users for any commercial, business, resale or non-personal purposes without the prior written consent of Old Mutual Insure. You may not transfer your rights to use the Application to a third party.
5.4 The User is permitted to use the Application for lawful purposes only. Except as expressly set out in these Terms or as permitted by law, users agree: (i) not to copy the Application except where such copying is incidental to normal use of the Application, (ii) not to rent, lease, sub-licence, loan, translate, adapt, vary or modify the Application, (iii) not to disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the Application, (iii) not to use the Application in any unlawful manner, for any unlawful purpose, including posting or transmission of data through the Application which violates or infringes in any way upon Old Mutual Insure's rights or third parties' rights, (iv) not to transmit any material which is unlawful, defamatory, offensive or otherwise objectionable in relation to your use of the Application or any service made available through the Application; (v) not to use the Application or any service in a way that could damage, disable, overburden, impair or compromise Old Mutual Insure's systems or security or interfere with other users; or (vi) not deliver or attempt to deliver, whether intentionally or negligently, any damaging or malicious code or information through the Application.
5.5 Any unauthorised use of the Application may lead to Old Mutual Insure instituting legal proceedings against the User.
5.6 In order to provide the Software and Application free of charge, Old Mutual Insure secures revenue from other sources including advertisements. The User specifically understands and agrees to receive third party marketing information and advertisements, including but not limited to advertising pop-up and splash screens on the Application. The user may opt-out from receiving any such advertising or marketing information and discontinue usage at any time by uninstalling the Software or by disabling the Application.
5.7 Although the Application is provided free of charge by Old Mutual Insure, the User recognises that there may be a data charged by the User's service provider in respect of the use of the Application. It is the User's responsibility to acquire and maintain at their own cost the necessary accessories and third party services, including but not limited to Internet access to use the Application.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Users acknowledge that:
6.1.1 all intellectual property rights in and to the Application, the associated software, and any trademarks and contents used and/or displayed in connection with the Application, Software and/or the services anywhere in the world belong to Old Mutual Insure or our licensors; and
6.1.2 all rights in and to the Application are the property of or are licensed to Old Mutual Insure and as such, you have no rights in, or to the Application other than the right to use the Application as set out in these Terms.
6.2 Users have no rights to access the Application in source code form.
7. AMENDMENTS AND CHANGES TO PROFILE
7.1 Old Mutual Insure may amend these Terms (including its privacy policy in paragraph 8 below) at any time by communicating same to the Device. All amended terms shall automatically become effective immediately after they are notified to the User and any subsequent use of the Application or any other services shall be governed by such amended terms. If the User does not accept the amended Terms, the User must uninstall and cease using and/or accessing the Application at any time.
7.2 Old Mutual Insure reserves the right at any time to change or discontinue any aspect or feature of the Application, including but not limited to, content, hours of availability and equipment needed to use the Application.
8. PRIVACY POLICY AND DATA PROTECTION
8.1 Old Mutual Insure undertakes to take all reasonable steps to protect the personal information of Users and is committed to protecting and respecting your privacy in accordance with applicable data protection legislation, including the Protection of Personal Information Act 4 of 2013.
8.2 Users agree that Old Mutual Insure may collect, collate, process, and/or store User's personal information for, amongst other things, providing Users access to the Application and to the extent applicable and subject to, where applicable, any Appstore Rules, the website User's downloaded the Application from and for any purposes set out in paragraph 8.3 below.
8.3 The types of personal information that Old Mutual Insure may collect includes information necessary for our legitimate business interest and the categories of personal information identified in the relevant data protection laws in the Republic of South Africa. These may include:
8.3.1 the User's full name;
8.3.2 the User's area code and physical and postal addresses;
8.3.3 the User's contact number(s);
8.3.4 non-personal browsing habits and click patterns;
8.3.5 User's e-mail address and/or IP address;
8.3.6 IP address (Old Mutual Insure does not ordinarily link IP addresses to personal information, which means that your session may remain anonymous. However, we cannot guarantee that this will always be the case, as it may be necessary to identify a particular User when it is necessary to enforce compliance with these Terms and/or the law;
8.3.7 the brand of the User's Device and model number;
8.3.8 Demographic information and Geographic Region;
8.3.9 Income Bracket;
8.3.10 Country;
8.3.11 Home Language;
8.3.12 Gender;
8.3.13 Date of Birth/Age; or
8.3.14 Number of children.
8.4 Old Mutual Insure collects, stores and uses the information listed in paragraph 8.3 for the following purposes:
8.4.1 to communicate requested information to the User;
8.4.2 to enable the Application and related services;
8.4.3 to activate the Software;
8.4.4 to provide profiled services to the User as requested by the User;
8.4.5 to notify and authenticate the identity of the User;
8.4.6 to provide the User with vouchers;
8.4.7 to compile non-personal statistical information; and
8.4.8 for security, administrative and legal purposes.
8.5 The information is provided voluntarily by the User or is collected either electronically by using cookies. Cookies are pieces of information a website transfers to a User’s hard drive for record-keeping purposes. Cookies make surfing the web easier by Users by saving User's preferences and, tracking User's online habits, traffic patterns and making sure Users do not see the same advertisement too often. The use of cookies is an industry standard. Old Mutual Insure may place a "cookie" on your browser to store and sometimes track information about you. Importantly, while most browsers are initially set up to accept cookies you can reset your browser to refuse all cookies or indicate when a cookie is being sent. Please note that some aspects of the Website will not function properly if you refuse cookies.
8.6 Old Mutual Insure may collect, maintain, save, compile, share, disclose and sell any information collected from Users, subject to the following provisions:
8.6.1 Old Mutual Insure shall not disclose personal information from Users unless the User provides his or her prior consents; 8.6.2 Old Mutual Insure shall disclose personal information without the User's consent if required to do so by law; and
8.6.3 Old Mutual Insure may compile, use and share any information that does not relate to any specific individual. In other words, a User's information will be de-identified for such purposes.
8.7 Old Mutual Insure owns and retains all rights to non-personal statistical information collected and compiled by Old Mutual Insure.
8.8 The User agrees that Old Mutual Insure may freely disclose statistics based on the Demographic information of its Users, provided that any statistics shall not contain any personal information of the User and the User's personal information (if any) shall be de-identified by Old Mutual Insure.
8.9 Old Mutual Insure will take all reasonable measures to ensure that the use of the Application is protected from unauthorised access and that personal information provided by and collected from Users is not disclosed to any unauthorised third parties. Old Mutual Insure cannot, however, guarantee that these measures will ensure that your information will always be 100% secure.
8.10 Users agree that we may transfer and/or store on your personal information on servers in a jurisdiction other than South Africa and such jurisdiction may not have data protection legislation comparable to legislation of South Africa.
9. DATA CONSUMPTION
9.1 The Application uses the data channel (GPRS) of your Device to communicate. Although usage is low, you must be aware that data will be consumed from your airtime. It is highly recommended that a data bundle is purchased with your Network Mobile Operator in order to save on data costs. Data is consumed by performing the following actions (but not limited to): authentication, application start-up, text messaging, sending/receiving pictures, sending/receiving locations, accessing content, group communication (text, picture, location), updating of profile information, viewing profile information, accessing external content via your mobile device's Internet Browser, viewing advertisements, and contact synchronisation.
9.2 Users should note that when roaming, Users may be subject to higher data pricing. It is a User's responsibility to check with their mobile network carrier for detailed data pricing.
10. DISCLAIMERS AND LIMITATION OF LIABILITY
10.1 To the extent allowed by law, the information and content of the Application are provided by Old Mutual Insure or their affiliates, partners and associates, suppliers or agents without any warranty of any kind, express or implied, (including but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non infringement of third party rights and or freedom from errors or inaccuracies.
10.2 You, the User, acknowledge and consent that you use the Application and the information and the Software entirely at your own risk and that Old Mutual Insure, and their affiliates, officers, directors, employees, servants, agents or contractors or other persons for whom they in law may be liable to, will not, under any circumstances, be liable to Users for any loss or damages (including, but not limited to, consequential, direct, indirect, special, punitive or incidental damages and damages or losses of any other kind).
10.3 To the extent allowed by law, and without limiting the generality of the aforesaid, the User acknowledges and consents that Old Mutual Insure and their affiliates, officers, directors, employees, servants, agents or contractors or other persons for whom in law they may be liable to, will not, under any circumstances, be liable to Users for any loss or damages (including, but not limited to, consequential, direct, indirect, special, punitive or incidental damages and damages or losses of any other kind) or any other action arising from:
10.3.1 any defect, fault, malfunction and/or delay in User's Devices and/or software;
10.3.2 any defect, failure, fault and/or delay in connectivity to the Internet;
10.3.3 the Application or related services being temporarily unavailable or inaccessible for any reason whatsoever;
10.3.4 to the extent allowed by law, any defect, failure, fault, delay or unavailability of the Application and/or information for any reason whatsoever, subject to paragraph 10.5 below;
10.3.5 viruses and/or spam that may infect a User's Device;
10.3.6 any failure on the part of a merchant to deliver the goods and/or services you purchased using the Application (to the extent applicable);
10.3.7 the Application, Old Mutual Insure's systems and/or User's information held by us being compromised in any way; or
10.3.8 a third party gaining access to and using a User's information held by Old Mutual Insure.
10.4 Information, ideas and opinions made available through the Application should not be regarded as professional advice or the official opinion of Old Mutual Insure, their affiliates, officers, directors, trustees employees, servants, agents, advisers or contractors. Before taking any course of action related to the information, ideas or opinions made available through the Application, the User is encouraged
10.4.1 to consult professional advice; and
10.4.2 to consult the relevant policy, contract, member guide, fund rules or other document applicable to his/her Old Mutual Insure product and service
10.5 Subject to clauses 4.5 and 4.6, Old Mutual Insure shall take all reasonable steps to ensure the quality and accuracy of content posted, by them, to the User. However, to the extent allowed by law, Old Mutual Insure do not make any warranties or representation that content and services available through the Application shall in all cases be true, up to date, correct or error free. The User agrees that any offensive, false, or misleading content of promotional and other material communicated through the Application is the responsibility of the advertiser of the relevant goods or services and the User shall not hold Old Mutual Insure legally responsible for such content.
10.6 The Application may also contain links to other independent third-party websites ("Third Party Sites"). Third Party Sites are not under the control of Old Mutual Insure, and we are not responsible for and do not endorse their content or their privacy policies. Users will need to make their own independent judgement regarding their interaction with any Third Party Sites, including the purchase and use of any products or services accessible through them.
11. ELIMINATION OF ERRORS
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content communicated via the Application to Old Mutual Insure. Old Mutual Insure undertakes, to the extent possible, take all reasonable steps to correct and/or remove such content.
12. DISPUTE RESOLUTION
12.1 The User agrees that in the event of a dispute or alleged breach by Old Mutual Insure, the User will, in good faith work together with a duly authorised representative of Old Mutual Insure to attempt to resolve the dispute.
12.2 If the dispute is not so resolved within 30 (thirty) calendar days, the User or Old Mutual Insure may refer the dispute to an arbitrator appointed by the Arbitration Foundation of Southern Africa ("AFSA") for final resolution in accordance with the rules of AFSA, provided that there shall be no right of appeal. Neither the User nor Old Mutual Insure shall in any way be precluded from obtaining interim relief on an urgent basis from a South African court of competent jurisdiction pending the decision of the arbitrator.
13. OTHER IMPORTANT TERMS
13.1 These Terms constitute the entire agreement between Old Mutual Insure and the User and shall take precedent over any communications and/or postings received by Old Mutual Insure from the User.
13.2 If Old Mutual Insure fails to insist that a User perform any of their obligations under these Terms, or if Old Mutual Insure do not enforce its rights against a User, or if Old Mutual Insure delay in doing so, that will not mean that Old Mutual Insure have waived its rights against such User and will not mean that such User do not have to comply with those obligations. If Old Mutual Insure do waive a default by a User, Old Mutual Insure will only do so in writing, and that will not mean that Old Mutual Insure will automatically waive any later default by such User.
13.3 Old Mutual Insure may transfer its rights and obligations under these Terms to another organisation, but this will not affect a User's rights or Old Mutual Insure's obligations under these Terms.
13.4 In the event that any Terms detailed herein are found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining Terms. The remaining Terms shall remain enforceable and applicable.
13.5 No provision of these Terms (or any contract governed by these Terms):
13.5.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to Old Mutual Insure's gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
13.5.2 requires User's to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
13.5.3 limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act, 2008 ("Consumer Protection Act") (to the extent applicable) or which Old Mutual Insure give under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
13.6 If these Terms (or any further contract governed by the terms of these Terms) or the Application or the information made available on the Application is regulated by or subject to the Consumer Protection Act, it is not intended that any provision of the Terms contravenes any provision of the Consumer Protection Act. Therefore all provisions of the Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
13.7 Notwithstanding the User's country of residence and Application use, the Application is subject to South African law enforced by the South African courts and governs the use or inability to use the Application, its content, services, products and these terms and conditions.
14. VARIATION OF CERTAIN DEEMING PROVISIONS IN THE ECT ACT
By using the Application, Users agree that these Terms create a binding contract between Old Mutual Insure and the User, even though the Terms are wholly or partly in the form of a data message. Users agree specifically that:
14.1 these Terms will be treated as if it was concluded at Old Mutual Insure's physical address on the date on which the User first made any accessed, registered or use of the Application;
14.2 an electronic signature is not required by a User or Old Mutual Insure for purposes of agreeing to these Terms;
14.3 a User's use of the Application is sufficient evidence of a User's agreement to these Terms;
14.4 any data message sent by either a User or Old Mutual Insure to the other will be deemed to have been sent from our physical address if neither a User's usual place of business nor residence is located within South Africa;
14.5 subject to the further provisions of these Terms, any communication sent to Users by an information system programmed to operate automatically on Old Mutual Insure's behalf will be a data message attributable to, or authorised by Old Mutual Insure; and
14.6 subject to the further provision of these Terms, a data message sent by a User to Old Mutual Insure will only be treated as having been received by Old Mutual Insure when an acknowledgement of receipt is sent by Old Mutual Insure personally or a person who had authority to act on our behalf in respect of that data message.
Old Mutual Insure Limited is a licensed FSP and Non-Life Insurer. View our Disclaimer, Privacy Policy and Promotion of Access to Information.