1. Introduction

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) to through the OUTsurance App to anyone who has registered for the Services subject to the payment of  an agreed fee.

By registering to use the Services, you are deemed to have accepted these terms and conditions and agree to be bound by them. OUTsurance reserves the right to amend these terms and conditions from time to time as it may deem fit and without notice.

 

2. Commencement, duration, renewal and termination of the agreement

This agreement commences by you paying the fee associated with the Services, downloading of the OUTsurance App, registering for the Services and accepting these terms and conditions.

The agreement term shall be for a period of 12 months from the date when the fee for the Services has been paid. The agreement is renewable at your election subject to you paying the agreed fee for the Services.

30 days prior to the agreement terms coming to an end we shall notify you thereof. Should you wish to continue with the Services you will be required to enter our APP and renew the agreement by making payment of the fee associated with the Services.

 

The agreement shall terminate in the event of the following:

  • You materially breaching any of the provisions of these terms and conditions;
  • Your failure to pay the fee due for the Services;
  • Should you not elect to renew the agreement;

 

OUTsurance may discontinue the Services by providing you with 30 day written notice.

 

3. The Services to be provided

Any further dependants will carry an extra fee of 25% of the initial fee paid by you. Registered users of the Services must be older than 15 years of age.

You will be entitled to a maximum total 2 call-outs per annum on the entire account in respect of the Services. Any additional call-outs will attract an additional call-out fee of R175 (excl VAT).

In the event of an emergency situation arising and you activating a panic assist request through the OUTsurance App, a panic activation shall be created following which you will be contacted immediately by the AURA contact centre to determine the nature of the incident. Should the incident be of serious nature a team of armed emergency response service providers will be dispatched to react to the panic assist request received by making use of your GPS co-ordinates / location services. Should you not answer any contact attempts from the control room, an armed emergency response service provider will be immediately dispatched to your location.

You consent that by subscribing to and using the Services through the OUTsurance App, OUTsurance and the emergency response service providers shall access your personal information and location via location services made available by your Smart-phone when a panic assist request has been triggered.

 

4. Your responsibilities

In order to access the Services you must have paid the agreed fee as well downloaded and registered for the Services on the OUTsurance App. You warrant that you are the bona fide possessor of a smart-phone which is capable of being located by network operators. You hereby grant consent to OUTsurance to verify this information with the appropriate entities where required.

You need to ensure that your location services are enabled and that your smart-phone is set to always share these services with the OUTsurance app

You hereby consent to be located by cellular network operators and OUTsurance for such information as regarding the user location as may be necessary to provide the Services to be communicated to the emergency response service providers.

You need to enable your cellular data for the effective operation of the Services and would need to have available data. Your service provider’s standard data rates will apply and will be for your own account. Any other costs must be confirmed with your service provider and will be for your own account.

You acknowledge that the Services are only available within the Republic of South Africa.

 

5. Data collection

Data will be recorded and collected when you make use of the Services. Data is recorded and collected directly from your smart-phone. Location data is gathered and securely transmitted to our data storage facility where it is then securely stored.

OUTsurance shall only use the data collected for valid and lawful reasons, and principally in order to provide the Services to you.

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

 

6. Limitation of liability and indemnity

OUTsurance or any of its holding companies or affiliates, service providers, sister companies or any respective shareholders, directors, employees or agents shall under no circumstances be liable to you or any other party whosoever in any manner whatsoever for any injury, death, losses, expenses, costs or damages of whatsoever nature as may be incurred or suffered by you or any other third party whosoever, whether directly or indirectly in any relation whatsoever to your usage of the Services and/or any non-availability of the Services.

You accordingly indemnify OUTsurance, its holding companies, affiliates, service providers or sister companies, as well as all their respective shareholders, directors, employees or agents (Indemnified Parties), and shall keep such indemnified parties harmless at all times, against all injury, death, liability, loss (including consequential loss), costs and/or damages whatsoever and howsoever arising as the case may be suffered by you or any third party as arising from or in connection with the Services, whether or not attributable to any act or omission of the Indemnified Parties, negligent or otherwise.

 

7. Disclaimer

By using this APP you acknowledge and agree to this disclaimer.

Use of this 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.

Use of this APP or the information, products and services available on this 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, OUTsurance Holdings Limited or any of its 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 this APP or as to the accuracy, completeness or reliability of any information obtained from this APP.

OUTsurance also makes 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 operating systems, a computer system, computer network or your hardware or software. You accept all risk 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 this APP. OUTsurance may, in its sole discretion, at any time, suspend or terminate the operation of this APP or any of the products or services provided in terms of this APP, without prior notice.

 

8.    Privacy Policy

 

8.1 General

OUTsurance recognises the importance of protecting your personal information and your right to having your personal information kept private.

This Privacy policy relates to the collection and use of personal information you may supply to us through your use of any of our service channels and such policy therefore governs the manner in which your personal information will be dealt with.

 

8.2 Personal Information

OUTsurance defines personal information as all information specific to yourself that is provided to us via our APP or any other channel. This includes but is not limited to personal information that is provided to us in the course of our business.

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 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 and to provide the products and services you have requested. OUTsurance will also use this information to positively identify you when you contact us, to detect fraud and for direct marketing purposes.

 

8.3 The OUTsurance App

By installing and using any of the services on our APP you consent that we may send you promotional material or details which we think may be of interest to you and that we may contact you to quote you.

We will only use the personal information obtained through the use of our APP, for the purpose for which it was collected subject to the terms and conditions relating to the APP.

 

8.4 Protection of Information

We value the information that you choose to provide us and will therefore take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. The information we maintain concerning our customers is 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 your transactions with us are adequately secured and protected at all times.

You must always keep your personal information and any account numbers or APP login details 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 should advise us to that effect via email or telephone. We retain all data that is required for us to discharge our business activities for an indefinite period for historical, statistical and research purposes. We have established appropriate safeguards against the records being used for any other purposes.

 

8.5 Sharing of Information

OUTsurance does not and will not sell or provide personal information to third parties for independent use. We may, however, share 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 when we disclose the 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.

 

8.6 Contact us

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. 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.

You can contact us with any privacy related questions here: compliance@out.co.za

 

9. Amendment of the Agreement

We have the right to amend or add new terms and conditions for the use of the Services at any time. Whenever we change this agreement, we will electronically update this agreement, the Privacy Policy, the Disclaimer and any other applicable annexures. 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 7 days, it shall be assumed that you have accepted the amended or new terms and conditions.

Save as expressly provided to the contrary in this agreement, the latest version of the agreement shall supersede and replace all previous versions thereof.


10. 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.

 

11. Applicable Law

These terms and conditions are governed by and must be interpreted under the laws of the Republic of South Africa.