End User License Agreement
AGREEMENT BETWEEN USER AND Cover-More NZ
This End User License Agreement (“EULA”) is a binding legal agreement between you, as an individual user (“user”, “you”, “your”) of the Cover-More App (“App”) and Cover-More Insurance Services Pty. Ltd. ACN 003 114 145, AFSL 241713 (“Cover-More Insurance Services”), World Travel Protection Pty Ltd ACN 079 071 579 (“WTP Australia”), World Travel Protection Canada Inc. Company Number 2732289 (“WTP Canada”) and Cover-More (NZ) Limited NZBN 9429036968060 (“Cover-More NZ”) (collectively, “we”, “us”, “our”).
The App is owned and licensed to you by Cover-More Insurance Services. WTP Australia and WTP Canada (“World Travel Protection”) are the providers of the assistance services and licensees of the travel risk management and risk intelligence software services integrated within the Cover-More App (“App Services”).
Cover-More Insurance Services, WTP Australia and Cover-More NZ are wholly owned subsidiaries of Cover-More Group Limited ACN 166 777 334 (“Cover-More Group”).
1. IMPORTANT NOTICES
1.1 This EULA applies to your use of the App and any of the App Services and is subject to the Privacy Policy further described in clause 6 below.
1.2 By downloading, installing, or using the App on Android or iOS devices (“Devices”), you agree to be bound by the terms of this EULA and the Privacy Policy. If you do not agree to this EULA and the Privacy Policy, do not use the App. Delete your account and uninstall the App from your Device. You agree that installation or use of the App signifies that you have read, understood, and agree to be bound by this EULA and the Privacy Policy.
1.3 Your use of the App is subject to the terms and conditions applied by the Apple Store and Google Play Store when downloading the App.
1.4 The App is comprised of information, data, graphic, sounds, text, messages and images, or other material contained in an alert (“Content”) which is either owned or licensed by us. When you create an account to use the App (“Account”), your Personal Information is automatically sent to our supporting management portal, which allows us to track your location send you push notifications, messages, travel alerts, risk intelligence, and generally allow you to manage your travel risk.
1.5 You are responsible for the confidentiality of your Account information, password and all activities that occur when using the App. You will promptly notify us of any suspected unauthorised access to the App or the App Services. You grant to us, our affiliates and our partners a non-exclusive, worldwide, transferable, royalty-free license to use your information solely as necessary for use in or by the App or the App Services.
1.6 You must keep your Personal Information up to date in order to receive the benefit of the App Services. Should your Personal Information be inaccurate, it is your responsibility to correct this and notify us if you are unable to do so, in order for us to correct your Personal Information.
1.7 We reserve the right to amend this EULA at any time and for any reason. If we make a change to this EULA, the revised version will be notified to you from time to time. You may be required to read the new terms on screen and accept them to continue to use the App following such a change.
1.8 We take reasonable steps to maintain the integrity of the App Services and Content on the App but cannot guarantee or assure you as to the currency, reliability or accuracy of the App Services and Content. It is possible that the App, App Services and the Content could include errors, inaccuracies, or outdated information. Due to the nature of the ‘world wide web’, unauthorised use, additions, deletions, and alterations could be made to the App, App Services and the Content by unauthorised third parties (due to events beyond our control). If you discover an error or have reason to believe that unauthorised access or ‘hacking’ of the App has occurred, please notify us so we can take steps to correct errors or respond to the unauthorised access.
2. ACKNOWLEDGEMENT
2.1 You acknowledge that you have obtained permission from the owners of Devices that are controlled, but not owned, by you and to download the App onto the Devices. You and the owner of the Devices may be charged by the relevant service providers for Internet access on the Devices, including any overseas roaming charges if you download or use the App outside of the usual territory or region to which you subscribe for mobile telephone or data services. You accept responsibility in accordance with the terms of this EULA for the use of the App and any App Services on or in relation to any Device, whether or not it is owned by you.
3. LICENCE
3.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive, personal and revocable license to: (a) use the App and the App Services for your own personal use; and (b) install the App on any Device.
4. AGE RESTRICTIONS
4.1 The App is not intended for use by children under the age of 16. If you are under 16 years of age, you must not use the App unless you are named on an associated policy of travel insurance and have been granted access to the App from your parent or legal guardian.
5. LICENCE RESTRICTIONS
5.1 You acknowledge that we are the owners or authorised licensees of all rights in the App and the App Services. Your rights to use the App and the App Services are licensed to you, and you acknowledge that you have no other rights in or in relation to the App, the underlying technology used or supported by the App or any App Services other than those explicitly granted in this EULA.
5.2 Except as expressly set out in this EULA or as permitted by any law, you must not:
(a) copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(b) rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
(c) make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other software programs; and
(d) disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of any provision of the applicable copyright legislation applicable to the jurisdiction in which you reside) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the App with another software program; (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (iii) is not used to create any software that is substantially similar to the App.
5.3 You must not use the App or any App Services:
(a) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, including but not limited to hacking into or inserting malicious code, including viruses, or harmful data, into the App or any App Services; (b) to infringe our intellectual property rights or those of any third party; (c) to transmit any material that is defamatory, offensive or otherwise objectionable; (d) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or (e) to collect or harvest any Personal Information contained in the App or other data from any App Services or our systems or attempt to decipher any transmissions to or from the servers running any App Services.
6. PERSONAL INFORMATION AND PRIVACY
6.1 Our handling of Personal Information we collect through the App is governed by our Privacy Policy.
6.2 You represent and warrant that:
(a) the Personal Information you provide to us in your use of the App is accurate and complete (including but not limited to your name, email address, mobile telephone number, Policy number (if applicable), trip information such as destination and travel dates, and country of residence); (b) you have the right and authority to provide us, our affiliates and our partners with any and all Personal Information used in connection with the App and the App Services; (c) you will not upload, transmit or store any Sensitive Information through the App; “Sensitive Information” means any personally identifiable information relating to health/genetic or biometric information; religious beliefs or affiliations; political opinions or political party membership; labour or trade union membership; sexual preferences, practices or marital status; national, racial or ethnic origin; philosophical or moral beliefs; criminal record, investigations or proceedings or administrative proceedings; financial, banking or credit data; date of birth; social security number or other national ID number, drivers’ license information; or any other “sensitive data” category specifically identified under any applicable laws.
7. DATA AND LOCATION SERVICES
7.1 By using the App or any of the App Services, you consent to us, our affiliates and to our partners, collecting and using technical information about the Devices and related software, hardware and peripherals for services that are Internet-based or wireless, to improve our products and to provide any services to you.
7.2 Certain App Services may make use of location data sent by the Devices. You can turn off location services at any time by turning off the location services settings for the App on the Device. If you use these App Services, you consent to us, our affiliates and to our partners collecting, transmitting, maintaining, processing and using your location data and queries to provide and improve location-based services. You may withdraw your consent at any time by turning off the location services settings. Be aware that your ability to limit location tracking varies depending on your Device and you should check and understand your Device settings to make sure you are comfortable with how much location information you are sharing.
7.3 You acknowledge that if you choose to turn off location services, the functionality of the App and the App Services will be limited. We will not be able to track your exact location in real-time and may not be able to provide you with active management support if an incident takes place while you are traveling, and you require assistance. We may also be unable to send you real-time alerts relating to your travel location.
8. THIRD PARTY SITES
8.1 The App and App Services may contain links to other independent third-party websites (“Third-Party Sites”). Third-Party Sites are not under our control and we are not responsible for and do not endorse their content or their privacy policies, if any. You must make your own independent judgement regarding your interaction with any Third-Party Sites, including the purchase and use of any products or services accessible through them. By using the App, you expressly consent that your data is being transferred and processed by such Third-Party Sites. Third-Party Sites may include, but are not limited to, travel booking platforms in order to retrieve your itinerary data.
9. NOTIFICATIONS AND ALERTS
9.1 By using the App or any of the App Services, you acknowledge and agree that you may receive alerts or messages via:
(a) push notifications; (b) SMS; or (c) Email;
from us, our affiliates, or our partners in relation to those App Services, at any time. You have the option to turn off push notifications at any time by turning off the relevant notification setting for the App on the Device. You acknowledge that even if you have turned off App push notification services, you may still be notified of the message via SMS or Email, or you may also receive a call to your mobile phone in an emergency.
9.2 In order to receive alerts, push notifications and messages, you must ensure that your contact details (including your mobile number) have been correctly registered, your Device is switched on and connected to the Internet and you are located within a coverage area of your mobile service provider.
10. STORED DATA
10.1 You acknowledge and agree that the App may:
(a) collect and store your Account information and other information relevant to your receipt of the App Services (“Stored Data”); and
(b) request that your Device transmit the Stored Data back to our web server, to among other things, provide you with the App Services, help us continually improve the App and enhance your user experience when you next use the App.
10.2 You can request deletion of your Stored Data from the App by selecting ’Delete Account’ in the settings on your Device. Your Personal Information will then be de-identified. If you do this, you acknowledge that you will be required to re-install the App and re-create your Account within the App if you wish to use the App Services at a later date. We may retain your de-identified data for a period of up to seven (7) years after which time it will be deleted.
11. FEEDBACK
You acknowledge that the App and the App Services may collect and aggregate certain de-identified information and data regarding the use and operation of the App and the App Services by you. You agree that we, our affiliates and our partners may utilise such information and data as well as any of your suggestions, enhancement requests or other recommendations (collectively, "Feedback") for any lawful business purpose, without a duty of accounting to you so long as such Feedback does not identify you, or any content provided by you. No compensation shall be paid with respect to the Feedback you provide to us, our affiliates or our partners.
12. DISCLAIMER AND LIMITATION OF LIABILITY
12.1 To the fullest extent permitted by any applicable law, you agree that:
(a) we, our affiliates and our partners make no representation or warranty of any kind, express or implied (in fact or by operation of law), or statutory, as to any matter whatsoever including that the App, the App Services (or any associated documentation) are error-free or that operation or that use of the App and the App Services will be secure or uninterrupted. We, our affiliates, and our partners expressly disclaim all implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, quiet enjoyment, title, and non-infringement. The App and the App Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. We, our affiliates and our partners are not responsible for any delays, delivery failures or other damages resulting from such problems and shall not have any liability for personal injury (including death) or property damage arising from failure of the App or App Services to deliver an electronic communication, however caused or under any theory of liability, even if we, our affiliates or our partners have been advised of the possibility of such damage or a remedy fails its essential purpose.
(b) except as expressly set forth in this EULA, to the maximum extent permitted by applicable law: (a) the App, the App Services and any related services and products provided by us, our affiliates, or our partners, are provided on an “as is” and “as available” basis, without representations or warranties of any kind; (b) we, our affiliates and our partners disclaim any and all representations and warranties of any kind, whether express, implied, by operation of law, or otherwise, including, without limitation, any implied warranties of title, merchantability, or fitness for a particular purpose; and (c) we, our affiliates and our partners do not warrant that the App, the App Services, and any related services will be provided materially error-free, secure, uninterrupted, and/or virus-free or will work on all Devices, or with all communication protocols, or that all notifications will be delivered. You agree and acknowledges that neither we, nor our affiliates, nor our partners shall be held responsible for any problems with the App, App Services, and any related services and products provided, to the extent attributable to the failure of the public Internet or PSTN/VOIP infrastructure or your ability or inability to connect to the Internet or PSTN/VOIP.
(c) we do not warrant the accuracy, currency or completeness of the Content which you access through the App. The Content is provided to you “as is” and on an “as available” basis and on the condition that you accept all responsibility for assessing the accuracy of the Content, the application of the Content to your particular circumstances and rely on it at your own risk. All Content which you access through the App may be changed by us, our affiliates or our partners without notice to you;
12.2 Internet transmissions are, by their nature, never entirely private or secure. You understand that any information that you send using the App or an App Service may be intercepted or read by others, even if you are notified that the particular transmission is encrypted.
You acknowledge that the App has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the App and the App Services meet your requirements.
12.3 You acknowledge that the Content is general in nature and not intended as individual advice. You further acknowledge that if you have an existing medical condition or suffer a medical episode while travelling and using the App, any health information and recommendations provided on the App, or sent to you via SMS or Email, is for information purposes only and is not intended as a substitute for medical advice from your health care provider. In considering whether the information and Content in the App is appropriate for your circumstances, you should consult a suitably qualified medical practitioner.
12.4 You acknowledge that the travel alerts on the App and information sent to you by other notifications while using the App Services, are intended as general guidelines only and we do not guarantee the accuracy of the information, the ratings or risk levels.
12.5 Your use of the App is at your own risk and we, our affiliates and our partners, exclude all liability for any injury, damage or loss you suffer or incur as a result of you downloading and using the App and the App Services.
12.6 To the maximum extent permitted by applicable law, in no event shall we, our affiliates or our partners be liable to you for any incidental, indirect, consequential, special, punitive, or exemplary damages of any kind or nature, for economic loss, loss of profits, loss of revenue, loss of use, loss of reputation or, loss or corruption of data, (however arising, under any theory of liability), arising out of, or in any way connected with, the App, the App Services or this EULA, whether or not such loss or damage was foreseeable and even if you had been advised of the possibility of such loss or damage.
12.7 Clauses 12.1 to clauses 12.6 are subject to any rights you may have under the Competition and Consumer Act 2010 (Cth).
13. INDEMNIFICATION
13.1 You are solely responsible for any damage caused to us, our affiliates, or our partners as a result of your breach of this EULA.
13.2 You hereby agree to defend, indemnify and keep us, our affiliates and our partners, indemnified against any claim, liabilities, losses damages and all costs and expenses (including reasonable legal fees), suffered or incurred directly or indirectly as a result of: (a) a breach of any provision of this EULA; or (b) your use or misuse of the App or the App Services. We reserve the right to take sole responsibility, at our own expense, for conducting the defense of any claim for which you agreed to indemnify us, our affiliates and our partners.
14. TERMINATION
14.1 We may terminate this EULA and cease providing and operating the App or any of the App Services at any time without notice to you. You may also terminate this EULA at any time by deleting your Account.
14.2 Upon termination for any reason, all rights granted to you under this EULA cease and, you must immediately delete your Account (if you have not already done so) and uninstall the App from all Devices.
14.3 The following clauses shall survive termination: clause 5, clause 11, clause 12.6, clause 13 and clause 16.2;
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).
15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable efforts to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
16. GENERAL
16.1 You can contact us by visiting the following websites:
(a) For queries about travel insurance policy: https://www.covermore.co.nz/contact-us
(b) For queries about travel assistance services: https://worldtravelprotection.com/contact/
16.2 If any dispute arises between you and us, the laws of New Zealand will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New Zealand and waive any right that you may have to object to an action being brought in that court.
16.3 From time to time, updates to the App may be made available via the Apple App Store or Google Play Store. For certain updates, you may not be able to access or use the App or the App Services until the latest version has been downloaded and installed, and you have accepted any new terms and conditions.