Panic Assistance Terms and Conditions
OUTsurance Insurance Company Limited (OUTsurance) and AURA APP Proprietary Limited (AURA APP) have entered into a collaboration whereby OUTsurance shall have access to AURA’s network of sub-contracted service providers in order to provide panic assistance services (the Service/s) through the OUTsurance App at no additional costs to clients of OUTsurance. All non- OUTsurance clients will be required to pay an annual subscription fee in order for the Service to be available to them. The annual subscription fee will be listed on the OUTsurance App.
By registering to use the Services on the OUTsurance App, you are deemed to have accepted these terms and conditions and agree to be bound by them. OUTsurance reserves the right in its sole discretion to amend these terms and conditions from time to time as it may deem fit and without notice.
All registered subscribers of the Services must be 15 years and older.
2. The Service
The Panic Assistance services will comprise of the following elements:
- all subscribers are required to register on an annual basis;
- the Services shall be available to the Client or non-OUTsurance client subscribers and up to 3 of their designated members or dependents
- medical and armed response assistance
- includes 2 free call outs per annum (clients may be liable for costs for call outs in
excess of 2).
- no additional costs for the 3 free members or dependents selected
The below additional information may be required for us to appropriately assist you in the event of a medical emergency, however, please note that you are under no obligation to provide any of the below mentioned details:
- your medical aid details;
- list of any pre-existing medical conditions;
- list of chronic medication you are currently using
- the emergency contact person details
- details of your family general practitioner.
You are entitled to a maximum of 2 call-outs per annum in respect of the Services. An additional call-out fee will be applicable to any call-out over and above the annual limit as mentioned above. OUTsurance reserves the right to review the client’s profile and decide on the applicable fee for any call outs in excess of the annual limit. This additional fee will be charged at the rate which will be available on the OUTsurance App for that service type (i.e. armed response or medical response).
In the event of an emergency situation arising:
- you must activate a panic assist or medical assist request through the OUTsurance App;
- a panic notification will be activated;
- you will be contacted immediately by the AURA control room to determine the nature of the incident;
- in the case of where the incident is of a serious nature a team of armed and/or medical emergency response service providers will be dispatched to your GPS co-ordinates / location (via location services made available by your smart-phone when a panic assist request has been triggered);
- should you not answer any attempts from the AURA control room to contact you, then an armed emergency response service provider will be immediately dispatched to your location.
You consent and acknowledge that by subscribing to and using the Services through the OUTsurance App, OUTsurance, AURA and all emergency response service providers will have access to your personal information, special personal information (where provided) and location details and may process such information as envisaged in the Protection of Personal Information Act, 2013 for the purposes of performing the Services.
3. Commencement, duration, renewal and termination of the agreement
This agreement will commence when you download the OUTsurance App, accept these terms and conditions and register for the Services.
The duration of the agreement shall be for an initial period of 12 months. The agreement is renewable for further periods of 12 months at a time. OUTsurance shall provide you 30 days’ notice prior to the expiration of the initial period. Should you wish to continue with the Services you are required to re-register for the Services on the OUTsurance App.
This agreement commences once you pay the upfront annual subscription fee associated with the Services, downloading of the OUTsurance App, registering for the Services and thereafter accepting these terms and conditions.
The duration of the agreement shall be for an initial period of 12 months and the annual fee payable is non-refundable despite you electing to terminate the agreement prior to the expiration of the 12 month period. The agreement is renewable for further periods of 12 months at a time, subject to you paying the agreed fee for the Services. OUTsurance shall provide you notice 30 days prior to the expiration of the initial 12-month period and any renewed period in the event of you renewing the agreement.
Should you wish to continue with the Services you will be required to re- enter the OUTsurance APP and renew the agreement by making payment of the annual fee associated with the Services.
Termination of the services:
The agreement shall terminate in the event of:
- you materially breaching any of the provisions of these terms and conditions;
- your failure to pay the annual subscription fee due for the Services (where applicable);
- that you elect not to renew the agreement;
- the Services being discontinued by OUTsurance upon 30 day written notice to you.
4. Your responsibilities
In order to access the Services you must register for the services on the OUTsurance App and in the case of non- OUTsurance clients pay the subscription fee in respect of the Services. You warrant that you are the lawful owner of a smart-phone which is capable of being located by the relevant network operators. If and where required, you hereby grant consent to OUTsurance to access and verify your personal information with the appropriate entities.
You need to enable your location services on your smart-phone and ensure that it is set up to share your location services when using the OUTsurance App.
For effective operation of the Services you need to have sufficient mobile data available and enabled on your cell phone.
You acknowledge that your service provider’s standard data costs will apply, and these costs will be for your own account.
You acknowledge that the Services are only available within the Republic of South Africa.
5. Data collection
By accepting these terms and conditions you explicitly consent to the collection, storing and analysing of your data and information set out above.
Your data is recorded and collected directly from your smart-phone when you use the Services. Location data is gathered and securely transmitted to our data storage facility where it is safely stored.
OUTsurance shall only use the data collected for valid, lawful reasons and for the primary purpose of providing the Services to you.
6. Limitation of liability and indemnity
OUTsurance or any of its related parties, companies, subsidiaries, affiliates, service providers or any respective shareholders, directors, employees, representatives or agents shall under no circumstances whether directly or indirectly be liable to you or any other party in any manner whatsoever for any injury, death, losses, expenses, consequential loss, costs, damages, unavailability of the Services of any nature that you or any third party may incur or suffer in relation to your usage of the Services whether or not attributable to any act, omission or negligence on part of OUTsurance.
By using the OUTsurance App you acknowledge and agree to the below disclaimer:
Your use of the OUTsurance App and any related products and/or services shall be governed by and construed in all respects in accordance with the laws of the Republic of South Africa, and subject to the exclusive jurisdiction of the South African courts.
Use of this OUTsurance App or the information, products and services available on this OUTsurance App shall be at your own risk.
Notwithstanding the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, OUTsurance Holdings Limited or any of its related parties or subsidiaries (OUTsurance) accepts no liability whatsoever relating to any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the information on this APP, your use, of this APP or any actions or transactions resulting there from, even if OUTsurance has been advised of the possibility of such loss, expense, claim or damages.
OUTsurance makes no representation or warranty, whether express or implied, as to the operation, integrity, availability or functionality of the OUTsurance App or as to the accuracy, completeness or reliability of any information obtained therefrom.
OUTsurance further makes no warranty or representation, whether express or implied, that the products, information or files available on the OUTsurance 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 operating systems, a computer system, computer 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 an operating system, computer system, computer network or your hardware or software.
OUTsurance accepts no responsibility for any errors or omissions on the OUTsurance App. OUTsurance may, in its sole discretion, at any time and without prior notice to you suspend or terminate the operation of the OUTsurance App and any products or services provided on the OUTsurance App.
OUTsurance recognises the importance of protecting your personal information and your right to have your personal information kept private.
8.2 Personal Information
OUTsurance defines personal information as all information specific to yourself that is provided to us via the OUTsurance App or any other channel. This includes but is not limited to personal information that is provided to us in the ordinary course of our business.
This includes but is not limited to the following personal information that you may provide to us when using the OUTsurance App:
- Your name and surname;
- Identity number or date of birth;
- Contact details;
- Location details
- Email address.
We collect information to be able to provide you with the Services to ensure that we have the correct and most up to date information.
OUTsurance has the highest regard for the privacy of its customers and will use personal information only to the extent required in the normal course of business to provide the products and services you have requested.
OUTsurance will also use this information to positively identify you when you contact us in order to detect fraud and for purposes of direct marketing.
By your installation and usage of any of the services on the OUTsurance App you consent to OUTsurance sending you promotional material from time to time.
8.3 Protection of Information
We value the information provided to us and will take reasonable steps to protect your personal information from any loss, misuse or unauthorised access or alteration. The information we maintain concerning our customers are stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.
OUTsurance uses state of the art technology and encryption to prevent any unauthorised access to your personal information. We keep appraised with the latest global developments in security technology to ensure that transactions with us are at all times adequately secured and protected.
You must always keep your personal information, any account numbers or OUTsurance App login details a secret and ensure that you do not disclose it to anyone.
Should you at any time feel that you no longer wish to be contacted by us, you must advise us to that effect via email or telephone. We retain all data for an indefinite period for us to discharge our business activities, for historical, statistical and research purposes. We have established appropriate safeguards against the records being used for any other purposes.
For the purposes of the collecting, processing and storing of data OUTsurance and AURA warrant that they shall be fully compliant with the Protection of Personal Information Act, 2013 and that both Parties shall ensure that it takes the appropriate safeguards, and technical and organisational measures to ensure that the clients data is not unlawfully accessed.
8.4 Sharing of Information
OUTsurance does not and will not sell or provide personal information to third parties for independent use. We may, however, share your personal information with our business partners if that information is required to provide the Services. However, our business partners will adhere to using your information only as directed by OUTsurance.
The following list includes but is not limited to some of the instances where we may disclose your personal information obtained from you:
- when any regulatory authority 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) and/or
- where we have a legitimate interest to do so;
- when you have expressly authorised us to do so; or
- if we undergo a change in ownership.
- Where permitted in terms of any legislation.
8.5 Contact us
You can contact us with any privacy related questions at: firstname.lastname@example.org
9. Amendment of the Agreement
Save where expressly provided to the contrary in this agreement, the latest version of this agreement shall supersede and replace all previous versions thereof.
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.