Terms and conditions for the SmartDrive programme

Terms and conditions for the SmartDrive programme

These terms and conditions shall apply to anyone enrolled on the SmartDrive programme. 

1. Definitions

In this agreement the words below shall mean:

OUTsurance Insurance Company Limited, hereinafter referred to as 'we', 'us' and 'our';

The SmartDrive client, hereinafter referred to as 'you' and 'your'. A SmartDrive client is someone who:

a) Has a valid South African Identity Number, and

b) Is noted as the regular driver of a vehicle; and

c) Is registered and active on the SmartDrive programme.

2. Introduction

By accepting these terms and conditions you are entering into a binding agreement between you and us. This agreement sets out the terms and conditions governing your use of the SmartDrive programme provided through the OUTsurance app, so it is vital that you read it carefully.

We undertake and confirm that under no circumstances will we make use of any data or information obtained from the SmartDrive programme in any claims validations. In addition, we will not use this information or data as the basis of any repudiation of a claim you may submit with us.

3. Registration criteria

In order to be able to register for the SmartDrive programme, you need to be the holder of a valid South African Identity number, have a mobile phone and/or mobile operating system as set out on the OUTsurance website and have access to the internet from your phone.

You will also need to be noted as a regular driver on an active OUTsurance policy.

4. When the agreement starts

This agreement starts upon your registration via the OUTsurance app to participate in the SmartDrive programme.

5. When the agreement ends

The agreement ends in the following circumstances (irrespective of which arises first):

5.1 When you deregister from the programme;

5.2 The OUTsurance app is deleted from your phone or when you change to a non-compatible phone.

5.3 When the regular driver noted on the insured vehicle with SmartDrive changes and the same regular driver does not continue on the programme on another insured vehicle with SmartDrive.

Should this agreement end, any SmartDrive premium discount that may have been allocated to you will automatically expire and will no longer be credited with effect from your next full premium deduction.

6. Location services

You need to ensure that your location services are enabled and that your phone is set to always share these services with the OUTsurance app. This is essential information in determining your unique driving style.

7. Cellular data

You need to enable your cellular data for the SmartDrive programme and would need to have available data. The OUTsurance app is zero-rated, meaning there will be no charge by your cellular provider for any data used by the OUTsurance app, including SmartDrive.

8. Device battery optimisation

You need to disable battery optimisation for the OUTsurance app on your phone settings. Disabling the battery optimisation ensures that SmartDrive is able to start and run in the background with no disruption to your trip recording.

9. Data

9.1 Data collection

Data will be recorded and collected when you participate in the programme.

Data is recorded and collected directly from your smartphone. Sensor and location data is gathered and securely transmitted to our data storage facility where it is then securely stored.

It is important to note that location and motion data can be collected from your smartphone without you being present in the vehicle insured with OUTsurance. For example if you take a taxi or travel in a friend's vehicle.

By accepting these terms and conditions you hereby explicitly consent to the collection, storing and analysing of the data and information collected as set out above.

9.2 Data will be used for valid and lawful reasons only

OUTsurance will use the data for valid and lawful reasons only, and principally to determine the regular driver's unique driving style.

As mentioned earlier, we shall not use the data for claims validations or to repudiate a claim you may submit with us.

9.3 No guarantee regarding the accuracy of the information

OUTsurance in no way guarantees that the information gathered is accurate or correct. It is however in the best interests of OUTsurance to ensure that the information is accurate and correct as far as reasonably possible.

You accept that we are not liable for any direct or indirect loss or damages you may suffer:

a.) Should any information not be sent or received; or if

b.) Incorrect or inaccurate information is sent or received.

10. About personal and other information

This section contains terms and conditions relating to the following information:

a.) Personal information, usage data, driver behaviour information and any other information we receive as part of the SmartDrive programme;

b.) Intellectual property.

10.1 Personal information, usage data and driver behaviour information

The OUTsurance privacy policy is published on the OUTsurance website. It governs the way we and our suppliers use and share your personal information, usage data, driver behaviour information and any other data we receive. By accepting these terms and conditions you acknowledge that you have read and understand the OUTsurance privacy policy and that it shall form part of this agreement. You warrant that the information that you give to us is true and correct.

10.2 You warrant that you have informed those with the right to know

You warrant that you have informed and where required obtained the consent of all people or entities who have the right to be informed (including the owner and driver or drivers of the vehicle) about:

a.) Your agreement with us; and

b.) Your confirmation that we may process your personal information, usage data and driver behaviour information according to the agreement.

10.3 Intellectual property rights

10.3.1 Meaning and scope of intellectual property in the agreement

The intellectual property associated with the SmartDrive programme includes all content and information related to the services, the OUTsurance website, the OUTsurance mobile application or made available by us in any form whatsoever (for example, correspondence). Intellectual property in the agreement also includes the following:

a.) Data, information, databases, compilations of data, usage data (as defined in the OUTsurance privacy policy);

b.) Computer programs and software, software documentation, firmware, interfaces (including API interfaces), hardware, servers, computers, platforms, computer code, tools;

c.) Designs, circuit designs, algorithms, specifications;

d.) Trade names, logos, trademarks, patents;

e.) Icons, links, graphics, photographic images;

f.) Sound clips, music, sound and television broadcasts;

g.) Text, literature, reports, plans, notes, files, diagrams, manuals, templates, schematics, correspondence, records, published editions;

h.) Derivative works, authored works;

i.) Modules, components;

j.) Methodologies, policies, procedures, techniques, models, configurations, protocols, routines;

k.) Improvements to any of the above items.

10.3.2 We own or have the right to use the intellectual property

We remain the owner and/or licensee of the intellectual property.

10.3.3 We have the right to improve the intellectual property

We have the right to change the intellectual property without giving you notice.

11. SmartDrive premium discount

11.1 Provided you have met the minimum driving requirements, you will receive a premium discount of 10% on all the vehicles where you are noted as the regular driver. This discount will be effective from your next collection date after meeting the requirements, unless the next collection date is within 5 days of meeting the requirements, in which case it will be applied on the following collection date.

11.2 Premium discount is applied to all personal lines vehicles where you are noted as the regular driver, but does not include vehicles insured under a commercial policy.

11.3 To qualify for a possible discount, you will need to have accumulated at least 200km of driving over 5 or more separate trips. We will continue to record data up to 90 days since date of registration, whereafter the app will stop recording and sending data.

11.4 Any discounts which you may receive will only be applied for as long as you remain on the SmartDrive programme. In the event you stop participating in the SmartDrive programme, your premium will return to the original premium which was in force prior to you having received any discounts subject to any annual increases which may be applicable.

12. Amendments during the programme

12.1 Phone replacement

Should you replace your phone at any stage during the programme and subsequently install and register on the application again, you should be able to continue on the programme without any problem, provided the phone is compatible with the SmartDrive requirements.

12.2 Regular driver or vehicle changes

Where the regular driver or the vehicle changes at any stage during the programme, you have the option to continue on the programme on another vehicle unless you decide to no longer participate in the programme. The new regular driver also has the option then to participate in the programme on the vehicle. It remains your responsibility to inform us of any of these changes so that we have the correct information during the programme.

13. Changes to the agreement

13.1 We have the right to make changes if we give you advance notice.

We have the right to make changes to the agreement from time to time. We will inform you about the changes at least 30 days before the changes come into effect.

We have the right to inform you of changes in a shorter period in any of the following circumstances:

a.) If the change is required by law;

b.) If it is reasonable to give less than 30 days' notice, having regard to the nature or content of the change.

13.2 We have the right to discontinue the SmartDrive programme.

We have the right to discontinue the programme at any given time. In the event that the program is discontinued by us for whatever reason we shall provide you with written notification thereof.

14. Applicable law

These terms and conditions are governed by and must be interpreted under the laws of the Republic of South Africa. This applies even in the event you do not reside in the Republic of South Africa and/or agreed to the terms and conditions outside of the Republic of South Africa.