Terms and conditions for OUTsurance app

These Terms and Conditions shall apply to you if you use our OUTsurance app. They must be read together with the Disclaimer and Privacy Policy which appear later in this document:

In this agreement the words below shall mean:

  • A client is someone who has an active short-term or long-term policy with us. This includes any members of your family, agents or employees who are covered under your policy. This also includes Namibia short-term clients who have active facilities with us.
  • A non-client is someone who does not have an active policy with us but who is 16 years or older and qualifies to use our services.
  • The words "us", "we" or "our" refer to the OUTsurance Holdings Group.
  • The words "you" or "your" refer to a client or a non-client.

This agreement is a binding agreement between you (client or non-client) and us. This agreement sets out the Terms and Conditions governing your use of the services provided for through the OUTsurance app, so it is vital that you read it carefully.

If you are uncertain and do not agree with the Terms and Conditions, Privacy Policy, Disclaimer or other annexures that should be read in conjunction with these Terms and Conditions, then you should not accept them. Please note that we will only be able to provide you with the services in the event that you have accepted the Terms and Conditions of this agreement by clicking on the "REGISTER" or/and  "CONFIRM" button when registering with us and by making use of the services offered by the app. By clicking on the "REGISTER" or/and  "CONFIRM" button, you further hereby consent that we may send you promotional material or details about our products and services which we think may be of interest to you.

The use of this OUTsurance app and associated services shall not be available to any persons under the age of 16.

This agreement shall start when you download the software that enables you to access the services on our OUTsurance app and when you register and accept the Terms and Conditions applicable; or use the services available on our OUTsurance app.

OUTsurance app download

When you download the OUTsurance app and finalise registration on your smartphone or tablet, you will be bound to these Terms and Conditions as soon as you make use of any of the services offered. Should you decide that you do not want to be bound by these Terms and Conditions before making use of the services, please uninstall the app.

OUTsurance grants you the right to install and use the OUTsurance app on multiple devices that you control for the sole purpose of accessing the available services.

You are responsible for ensuring that your mobile device is capable of downloading the OUTsurance app. No fee is payable for the downloading of the OUTsurance app.

You are however responsible for paying all charges and costs of the network service provider that you incur when using the service channels, i.e.data charges.

To ensure that the OUTsurance app operates correctly, you must use the recommended hardware and software. The OUTsurance app has been designed to operate with your mobile device or tablet according to the manufacturer's specifications. Modifying the device or its operating system may result in the OUTsurance app not operating properly or not operating at all.

For full functionality, the app requires Android version 5 and up, as well as iOS version 8 and up.Older versions may experience difficulties or have limited app usage available.

You must also check for software updates regularly as these may contain certain important updates for the functioning of the OUTsurance app.

It shall be your responsibility to delete or remove the OUTsurance app from your mobile device if you transfer or sell your mobile device to a third person and we will not be held liable for any loss or damages should you fail to do so.

The right to use the OUTsurance app is revocable, should we deem it necessary and appropriate.

 

Use of services of the OUTsurance app

 

Once the OUTsurance app is downloaded and you have registered, you will have access to use the services as provided for through the OUTsurance app.

The following services are available in respect of the OUTsurance app:

 

  1. Summary of your OUTsurance facility
  2. SmartDrive
  3. Help@OUT: Roadside assistance, Home assistance, Request a pointsman
  4. My profile: Change username, Change password
  5. Windscreen claim
  6. Life insurance quote
  7. Refer and earn
  8. Request your facility document
  9. Contact me
  10. Quote me

 

All the services above are available to clients. Non-clients will only be allowed to use the SmartDrive, Help@OUT, life insurance quote, quote me request and contact me services.

Where any of the application services request the verifying of personal contact details and the update is not successful, you will not be prevented from accessing and using the services provided.

 

Request a pointsman

This service is only available in South Africa. In order to use the pointsmen request service and suggest pointsmen at specific intersections, you must do the following:

  • Have the OUTsurance app loaded on your device and be registered to use the app;
  • Activate your location services settings (GPS) on your device.

If you fail to activate your location services setting (GPS) you will not be able to use this service.

 

Help@OUT

The Help@OUT service is also subject to the Terms and Conditions as contained in our Help@OUT brochure and therefore should be read in conjunction with these Terms and Conditions, Privacy Policy and Disclaimer. The Help@OUT brochure can be found below after the Disclaimer.

The Help@OUT service is available to:

  • A client who has an active facility with us, subject to the Terms and Conditions as contained in the Help@OUT brochure below;
  • A non-client who is 16 years and older, residing in South Africa, who is a South African citizen and who qualifies for one free Help@OUT case per lifetime per RSA identity number, subject to the Terms and Conditions as set out in the Help@OUT brochure below.

When using our Help@OUT service, you consent to us making your location information available to our contracted third party service providers in order for them to provide you with the service.

When requesting this service, we will be able to gather your location from the cell phone triangulation service or location services when activated, and you therefore consent to us using your location services or cell phone triangulation location in order to locate you, and you consent to us providing our contracted third parties with your location in order for them to assist you.

 

Refer and earn

The referrals service is also subject to the Terms and Conditions as contained in our refer a friend brochure and the staff referral brochure (for staff members) and should therefore be read in conjunction with these Terms and Conditions, Privacy Policy, and Disclaimer. The refer a friend brochure can be found below, after the Disclaimer and the Help@OUT brochure. The staff referral brochure can be found on the OUTsurance SharePoint portal.

The Refer and earn service is only available to clients and staff members.

When using the Refer and earn service, you hereby consent to us accessing the contacts from your device in order to gather their contact details. In the event that the contact details are not on your phone, you agree to provide the details of the person you wish to refer, manually through the application.

 

Quote me

The quote request service is available to clients; non-clients and staff members.

In order to access this service, you will be requested to verify your contact details before you can proceed with the request for a quote. Please update your details on the device should your details be incorrect.

All contact details obtained will be subject to our Privacy Policy below and therefore no information will be shared other than for the purpose for which the details were obtained.

 

Contact me

The contact me service is available to clients and non-clients.

The contact me option allows non-clients to request a quote from OUTsurance.

The contact me option allows clients to request amendments and/or additions to existing facilities. These requests can only be done for one product at a time.

In order to access this service, you will be requested to verify your contact details.

 

Phone OUTsurance

In order to use the phone OUTsurance service, you will need a smart device that is able to dial us directly. Should you not have a smart device that is able to dial a telephone number; it will be possible to save the OUTsurance contact number to your contacts in order for you to contact OUTsurance from an alternative device. Once a request has been received by OUTsurance to contact you, OUTsurance will endeavour to process the request within a reasonable time and as soon as possible, within business hours.

 

Privacy

We respect your privacy and therefore any information obtained through the use of our services on the app is subject to the Terms and Conditions as set out in our Privacy Policy. Our Privacy Policy explains how, why and when we collect, use, share and store your personal information.

 

Intellectual property

You are not permitted to use any of our logos, trademarks, slogans or any other device or form of intellectual property belonging to us in general and in particular relating to the services through this OUTsurance app.

You may not copy, reproduce, display, reverse engineer or use any intellectual property in any manner whatsoever without our prior written consent.

Unauthorised or unlawful use of our intellectual property will result in us taking legal action you.

 

Monitoring of information

We may monitor and record communications or traffic on the service channel in order to maintain the proper functioning of the OUTsurance app and the services, as well as to detect any unauthorised use, or when the law requires us to do so.

 

Amendment of agreement

We have the right to amend or add new Terms and Conditions for the use of the service channels or value add services at any time. Whenever we materially change this agreement, we will electronically update this agreement, the Privacy Policy, the Disclaimer and the other annexures that are applicable. We will notify you of the updated version. If you do not agree with the amendments and fail to notify us of your intention to end the agreement within the 7(seven) day period, it shall be assumed that you accept the amended or new Terms and Conditions.

You agree to review the Terms and Conditions of this agreement, Privacy Policy, Disclaimer and all other annexures whenever you access the referral channels for any such amendments. Save as expressly provided to the contrary in this agreement, the amended version of the agreement shall supersede and replace all previous versions thereof.

 

Termination of agreement

We can terminate this agreement at any time or end your right to use the services provided through the OUTsurance app upon providing you with reasonable notice. This will not affect instructions given to us whilst using the services available through the OUTsurance app before the agreement has ended.

We reserve the right to terminate your right to use the services provided through the OUTsurance app should any one or more of the following events occur:

 

  • You commit fraud or we suspect that you have done so;
  • Where we are under the impression that your behaviour was inappropriate or constitutes misconduct.
  • If you breach this agreement;
  • If you no longer have access to the equipment or services necessary to use the services. For example where the cellular phone company has deregistered your contact number.
  • If the law requires us to do so.

 

You agree that we can provide information about the products or services offered through the OUTsurance app or this agreement by any means, including but not limited to publishing a notice on our app itself or using electronic means, including SMS or email.

 

Severability

Every clause of this agreement is severable from the others including the clause headings. The clause headings have been inserted for convenience and will therefore not be taken into consideration in its interpretation. If one or more of the clauses are invalid it will not mean the entire agreement is invalid and as such the rest of the clauses contained in the agreement will still be valid and apply.

 

A. Privacy policy

By using this OUTsurance app you acknowledge and agree to the Privacy Policy of the app which is set out below.

The Privacy Policy relates to the collection and use of personal information you may supply to us through your use of the service channels on the app and such policy, therefore, governs the manner in which your personal information will be dealt with.

Personal information for the purposes of this document means all information specific to you, which is provided to us through the use of our app. In other words, information that identifies you. This includes but is not limited to the following personal information that you may provide to us when using the app:

 

  • Your name and surname;
  • RSA identity number or date of birth;
  • Contact numbers;
  • E-mail address.

 

By using any of the services on our app you hereby consent that we may send you promotional material or details which we think may be of interest to you.

Please note that you will not be allowed to use the services unless you consent to us using your information for marketing purposes in the future.

Your privacy is important to us. We will therefore not sell, rent or provide your personal information to unauthorised entities or other third parties, for their independent use, without your consent.

If at any stage, after you have given us your consent, you no longer wish that we use your personal information, you may at any stage withdraw your consent by uninstalling the app from your mobile device and notify us either telephonically or by email of the withdrawal of your consent.

We have the highest regard for the privacy of the personal information obtained through the use of our app, and therefore will only use the personal information obtained subject to the Terms and Conditions of this agreement and for the purpose for which it was collected and only for the purposes of positively identifying the user when the app is accessed as well as in order to quote you.

We value the information you chose to provide and which we collect from you and will take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration.

The information we maintain concerning you is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.

In this regard, however, we cannot guarantee the security of any personal information that you disclose through our app. You therefore accept the inherent risk of providing information when using our app and will not hold us, our directors, employees or agents responsible for any breach of security.

The following are the instances when we will be entitled to disclose the personal information obtained from you:

  • When any regulatory authority for the various financial sectors requests same;
  • To comply with any regulation passed under relevant legislation or any legal process;
  • To enforce and protect our rights and property(including intellectual property);
  • When you have expressly authorised us to do so.

Please ensure that you have read and understood the Terms and Conditions of this Privacy Policy before you provide us with your personal information.

We reserve the right in our sole discretion to amend this Privacy Policy from time to time. You agree to review the Privacy Policy whenever you visit our app for any such amendments. Save as expressly provided to the contrary in this Privacy Policy, the amended version of the Privacy Policy shall supersede and replace all previous versions thereof.

 

B. Disclaimer

By using the OUTsurance app you acknowledge and agree to the following Disclaimer.

Use of the app and the related products and/or services shall be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the South African courts. The content of the app is not provided for or intended for the use of customers and/or users outside the jurisdiction of South Africa except for our clients in Namibia who have registered to use the app.

Use of this OUTsurance app or the information, products and services available on this OUTsurance app is at the user's own risk. Notwithstanding the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, we accept no liability whatsoever relating to any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the use and/or reliance upon the information on this OUTsurance app or any actions or transactions resulting there from even if we have been advised of the possibility of such loss, expense, claim or damages.

The services offered on our app may allow you to view or access or make reference to third party's products or services. Even though we make reference to third party's products and services on our app, we do not endorse or recommend the third party's products and services. You are responsible for deciding whether these third party's products or services meet your requirements. You are responsible for obtaining the Terms and Conditions that are applicable to the third party's products or services.

We also do not endorse, warrant or make any representations about the content, products, services, security or reliability of such other products and services.

Please note we have no control over such third parties products or service. We are therefore not responsible for any loss or damage you suffer, whether directly or indirectly because of a third party's products or services or the use of such products or services. You hereby agree to indemnify us and hold us harmless for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from or that you may suffer, or cause in this regard.

We are not responsible for any error or delay that may arise as a result of you being unable to access the services due to error on your equipment, software or services provided to you by third parties.

Whilst we will at all times use our best efforts to ensure that our app operates as it was designed by us, we cannot warrant that the services are compatible with, or will operate with your mobile device or any software/hardware that you have on your mobile device.

We make no representation or warranty, whether express or implied, as to the operation, integrity, availability or functionality of our app or as to the accuracy, completeness or reliability of any information obtained from this app.

We also make no warranty or representation, whether express or implied, that the products, information or files available on this app are free of viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of your mobile device, network or your hardware or software. You accept all risks associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of your mobile device, or your hardware or software.

We accept no responsibility for any errors or omissions on our app.

We may, in our sole discretion, at any time, suspend or terminate the operation of our app or any of the products or services provided in terms of this app, without prior notice. We may also at any time discontinue or disable certain parts of the services available through this app for the purposes of maintenance or upgrades or other causes beyond our control. In the event that these service channels are unavailable as stated, we request that you call our contact centre in order to make necessary changes or make queries on your policy.

All rights remain reserved.

 

General rules:

The FAIS Act states that a person who is not an authorised Financial Services Provider (FSP), accredited or is not a mandated representative of a FSP is not permitted to give advice on financial products or provide any financial intermediary services to any other person.

No referrer is allowed to give advice or intermediary services in respect of any financial service including but not limited to insurance, to prospective policy holders or act as an in-between insurance agent in any way.

Insurance law prohibits inducement and therefore no Referrer may offer a referee an incentive to become a policy holder with us. Therefore a referrer may not bring any prospective policy holder under the impression that he/she may be obliged in any way to take out a policy with us.

You must always act in accordance with the Terms and Conditions as set out above.

We will not be liable for any illegal or unlawful actions or misrepresentations made by the Referrer to the Referee in respect of this service or any OUTsurance product. The referrer is not mandated to act as a representative, agent or authorised to incur any obligations or liabilities on our behalf or to give any warranties, representations or undertakings of any nature on our behalf.