Terms and conditions

Here are the legal bits and pieces you need to know

The SmartDriver mobile application (including any updates, new versions or new releases) and related data feeds and services (collectively, the “SmartDriver app”) is conditioned, operated and administered by TOWER Limited. In these terms and conditions (collectively, the “Terms”), all references to ‘we’, ‘us’, ‘our’ and ‘TOWER’ are references to TOWER Limited and relevant TOWER Group companies, being its related companies as defined in the Companies Act 1993. These Terms are supplementary to, and do not replace or supersede, any specific terms and conditions applicable to any TOWER product, service, marketing and/or promotion. These Terms are subject to TOWER's website Terms and Conditions of Use, and the SmartDriver app privacy statement, which are incorporated in these Terms.

These Terms govern your use of the SmartDriver app. Please read these Terms carefully.

By accepting the Terms and downloading the SmartDriver app, you acknowledge that you have read and understood, and agree to be bound by, the Terms (including TOWER’s website Terms and Conditions of Use, and the SmartDriver app privacy statement). If you do not agree to the Terms, do not use the SmartDriver app. We may modify these Terms from time to time. Your continued use of the SmartDriver app constitutes your binding acceptance to these Terms, including any changes or modifications that we may make.

Use of the SmartDriver app

You acknowledge that the SmartDriver app is provided to you free of charge, however you may incur charges from your mobile service provider for downloading and using the SmartDriver app. Through your use of the SmartDriver app, you can record, monitor, view and track your driving behaviour. This service is provided by using GPS data to locate your mobile device and software to determine your driving habits and behaviour. When you visit the SmartDriver app, you may see messages and/or maps tailored to your specific region or city. We are able to identify your general geographic location using GPS via your mobile device if this functionality is active. The information collected by TOWER will be transmitted securely to our service provider, DriveFactor and where appropriate subsidiaries of DriveFactor and other authorised agents and third parties, for the purposes of providing you with a SmartDriver app score, potential savings on your motor insurance company premium (which excludes GST, government levies and optional benefits), points and associated gamification such as the weekly leaderboard, rewards, other third party partner benefits and recommendations for improving your driving behaviour.

You are granted a non-exclusive, non-transferable (except as otherwise provided in these Terms) license during the period of these Terms to use the SmartDriver app and the information it contains in accordance with these Terms.

Eligibility for TOWER's motor insurance savings

If you demonstrate safe driving behaviour through your use of the SmartDriver app, you may be eligible to apply for a saving on your motor insurance policy taken out directly with TOWER. To be considered for savings, you must complete qualifying trips and meet other relevant criteria determined by TOWER from time to time and which can be found on our website (Eligibility criteria; FAQs). Any savings will be applied to your company premium only and do not apply to GST, government levies and any optional benefits. TOWER is not under any obligation to accept or apply your savings (including your SmartDriver app score) and any savings awarded by TOWER will be at TOWER's sole discretion and TOWER has the right to vary or remove any discount at any time. Any usual underwriting criteria will apply. In all cases, TOWER's decision will be final.

Account registration and security

Some areas of the SmartDriver app are restricted and require a username and password for access. Unauthorised use of or access to these areas is strictly prohibited. You may use only one account at a time. By creating an account, you represent that you are able to form a legally binding contract. You also represent that the information you provide in the SmartDriver app registration process for use of the SmartDriver app is true and complete, and you agree to update such information when it changes.

You are solely responsible for safeguarding and maintaining the confidentiality of your account information, including your username and password, and are responsible for all activities that occur under your account, whether or not you have authorised such activities. You agree to immediately notify TOWER of any unauthorised use of your username, password or account. You may not permit any third party to access the SmartDriver app through your account. TOWER may block access to password protected areas of the SmartDriver app without prior notice if we believe your username and password are being used by someone other than you, if any unauthorised access to your personal information has occurred or is likely to occur, or for other reasons.

Links

Information may be contained on the SmartDriver app about the products or services of third parties. TOWER makes no representation or warranty as to the quality of any of those products or services or their suitability to your circumstances.

From time to time the SmartDriver app may contain links to other websites. These links are provided for convenience only, and do not represent any endorsement by TOWER of the products or services offered by the site owner. TOWER makes no representations and accepts no responsibility or liability in relation to the contents of any website linked to or from the SmartDriver app that is not under the direct control of TOWER.

Restrictions on use

Except as may be expressly permitted by these Terms, you must not, directly or indirectly: (a) violate any law, statute, ordinance, or regulation; (b) provide false, inaccurate or misleading information; (c) use the SmartDriver app in any jurisdiction outside of New Zealand; (d) modify, reverse engineer, decompile, disassemble, or create derivative works based upon the SmartDriver app or any software or programming related thereto; (e) use any device, software, methodology, or routine to interfere with the proper working of the SmartDriver app or servers or networks connected to the SmartDriver app; (f) access data of which you are not an intended recipient or log into a server or account on a network related to the SmartDriver app that you are not expressly authorised to access; (g) harvest or collect information about other SmartDriver app users; (h) engage in any activity that interferes with any third party's ability to use or enjoy the SmartDriver app; (i) use the SmartDriver app for any commercial or competitive advantage; any illegal, defamatory or objectionable purpose; or any purpose which brings or could bring TOWER’s reputation into disrepute; (j) use the SmartDriver app score and savings with any other insurer; or (k) circumvent any TOWER policy or determinations about your account such as temporary or indefinite suspensions or other account limitations or restrictions, including by attempting to create new or additional TOWER accounts when an account has been restricted, suspended or otherwise limited or using someone else’s TOWER account; (l) use the SmartDriver app to record driving that does not meet the terms of the Eligibility criteria 

Use of the SmartDriver app is subject to existing laws and legal process, and nothing contained in these Terms shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SmartDriver app or information provided to or gathered by us with respect to such use.

Ownership

These Terms do not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or proprietary right associated with, on the part of TOWER, the SmartDriver app, or, previous applications or business methods of TOWER (or its affiliates) required or provided in connection with the SmartDriver app (whether owned or licensed by TOWER or its affiliates or a third party); or arising from TOWER or its affiliates’ research and development activities. The information, images, achievements, screens, web pages, logos, brands and the general content of the SmartDriver app are the property of TOWER, who holds copyright in it. The information may not be copied or reused (other than as expressly intended by the SmartDriver app) without the prior written consent of TOWER. In no circumstances should the TOWER brand or the TOWER logo be used without the written consent of TOWER.

TOWER has and retains exclusive and valid ownership of the SmartDriver app, the names and marks and all intellectual property, proprietary rights and documentation derived from the SmartDriver app, and you acknowledge that the foregoing constitute valuable assets and may constitute trade secrets of TOWER.

Termination

TOWER may in its sole discretion for any reason whatsoever, restrict, suspend or terminate your access to all or any part of the SmartDriver app or terminate these Terms and the license granted by it at any time with or without notice to you by disabling your access to the SmartDriver app. You may deregister, delete or remove the SmartDriver app at any time from your mobile device. If your access to the SmartDriver app is terminated or suspended, we reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to the SmartDriver app, including, but not limited to, technological barriers, IP mapping and our direct contacts with telecommunications companies.

Risk allocation

The SmartDriver app and all services provided or to be provided under these Terms are provided ‘as-is’ and, to the maximum extent permitted by law, TOWER and its directors, employees, agents and independent contractors disclaim any and all warranties, conditions, or representations (express or implied, oral or written) with respect to the SmartDriver app or any part of it, including any and all implied warranties or conditions of title, non-infringement, merchantability, or fitness or suitability for any purpose (whether or not TOWER knows, has reason to know, has been advised, or otherwise is in fact aware of any such purpose), whether alleged to arise by law, by reason of custom or usage in the trade, by course of dealing, or otherwise. TOWER makes no representation or warranty about the accuracy or completeness of information and accepts no liability or responsibility in respect of errors in or omissions from information contained on the SmartDriver app, to the extent permitted by law.

Except to the extent of direct damage or loss to you caused by a breach of these Terms by TOWER (in which case TOWER's liability shall be limited to the amount paid by you for your TOWER motor vehicle policy in the 12 months immediately preceding the breach) and to the extent allowed by law, TOWER has no liability (in contract, equity or tort, including negligence) to you or any other person in relation to these Terms.

TOWER does not guarantee the continued availability of the SmartDriver app or the continuation of services provided on it. Access to the SmartDriver app and to any saved information may be interrupted, restricted, delayed or unavailable from time to time. TOWER accepts no responsibility or liability in relation to any loss suffered in these circumstances.

Indemnity

You agree to indemnify TOWER, its partners, affiliates, contractors, officers, directors, employees, and agents from all damages, losses, and expenses arising directly from your negligent acts, and omissions to act, in using the SmartDriver app or any fraud.

Dispute resolution

With the exception of parts of the SmartDriver app, unless otherwise stated, the content of the SmartDriver app has been prepared in accordance with New Zealand law for the supply of products and services to persons resident in New Zealand only. The content of the SmartDriver app, and these Terms are governed by and construed in accordance with New Zealand law and New Zealand Courts have jurisdiction.

Apple rights

This clause governs the rights of Apple Inc. (“Apple”) and applies if you purchase the SmartDriver app from the Apple App Store and use it on an Apple device. You acknowledge and agree that Apple, and its subsidiaries, are third party beneficiaries of the Terms, and that Apple will have the right to enforce these Terms against you.

You acknowledge and agree that you will comply with Apple's Usage Rules set forth in the App Store Terms of Service which can be found on the Apple website 

Apple has no obligation to furnish any maintenance and support with respect to the SmartDriver app.

In the event of any failure of the SmartDriver app to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price (if applicable) of the SmartDriver app. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the SmartDriver app. 

Apple will not be responsible for the investigation, defence, settlement and discharge of any intellectual property infringement claim. You acknowledge and agree that Apple will not be responsible for addressing any claims by you or any third party relating to the SmartDriver app or your use of the SmartDriver app, including, but not limited to: (i) product liability claims; (ii) any claim that the SmartDriver app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Through your use of the SmartDriver app, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.

Complaints

If you would like to make any comments or complaints about the SmartDriver app, please contact us.

While we make every effort to get things right, problems may sometimes occur. We have in place a complaints procedure that is intended to resolve any problem quickly and fairly. In order to avoid delay in solving a problem to your satisfaction, please follow the steps listed below.

To speak with a TOWER representative, call us on 0800 379 372 or you may make a formal complaint to:

Customer Care Manager
TOWER Insurance Limited
45 Queen Street
PO Box 90 347
AUCKLAND 1142

If the complaint has been through all the steps above and you are still dissatisfied, you may then ask the Insurance and Savings Ombudsman to arbitrate.

Security

In designing the SmartDriver app, TOWER has incorporated security procedures and practices that we consider are consistent with New Zealand industry practice. We review our security procedures from time to time and update these when relevant. Use of the SmartDriver app that requires the mandatory entry of personal information and/or user name and password are protected by 128-bit encryption. The username, password and personal information are encrypted when transiting over the Internet which prevents tampering with these details.

Miscellaneous

These Terms, TOWER’s website Terms and Conditions of Use, and the SmartDriver app Privacy statement, constitute the final agreement between the parties in relation to the subject matter. No other prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the parties, including any terms and conditions governing an earlier version of the SmartDriver app, will be of any force or effect. TOWER reserves the right to amend these Terms at any time and will provide you with notice of such amendments either by direct written communication with you or via our website.

These Terms and all of your rights and obligations under it may not be assigned or transferred by you without our prior written consent. These Terms will be binding upon and inure to the benefit of the parties and their successors and assigns. The failure of either party at any time to require performance by the other party of any provision of these Terms shall in no way affect the right of such party to require performance of that provision. Any waiver by either party of any breach of these Terms shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms is held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting its validity or enforceability in any other jurisdiction or the remaining provisions of the Terms in that or any other jurisdiction.