Last Updated: 24 November 2020
- You agree that you will not use your phone, or engage in any poor, risky or dangerous driving while driving your car as a result of engagement with this app. Tower does not accept liability for any loss or damage (direct or indirect) you sustain as a result of use of this App.
- You are able to use the App for free, for 30 days as a non-Tower policyholder or named driver. If you are a Tower policyholder or named driver you can use the App for an unlimited period subject to our right to cancel the App at any time.
- We do not accept liability for the accuracy or otherwise of the information on the App, any implications of reliance you place on the App, and any impact accuracy of the App has on your ability to win prizes as a result of the various Promotions Tower runs through the GoCarma App.
- We reserve the right to terminate or discontinue the App, or terminate or discontinue your ability to use this App at any time without prior notice.
These terms and conditions of use ("Terms") apply to the Tower GoCarma mobile application ("App"). In order to use the App, you must have a compatible device. Any compatible device to which you download the App will be known as a "Device" for the purposes of these Terms.
We, Tower Limited ("we", "us" and "our"), sub-licence use of the App to you on the basis of these Terms and subject to the rules ("App Store Rules" or "Play Stores Rules") applied by the application store relevant to your Device, such as the Apple Inc. App Store ("App Store") and Google Inc. Play Store ("Play Store"). We do not sell the App to you. The ownership of the App will remain with the owner of the App at all times.
Please read these Terms carefully before downloading, accessing or using the App. By downloading, accessing or using the App, you agree to these Terms which will bind you legally. If you do not agree to these Terms, we will not sub-licence the App to you and you must not access or use any part of the App.
Subject to these Terms, the App and any services accessible via the App ("Services") are intended for (and your sub-licence is limited to) use by you to measure your driving performance to promote safer driving and other services as available on the App. The App and Services are not intended to be used by any other user or for any other purpose.
1.2 We may make changes to these Terms (in whole or in part) at any time. We will notify you of any such changes by any reasonable means, including by posting on our website at www.tower.co.nz/gocarma and/or making the revised Terms available through the App. The new terms may be displayed on-screen and you may be required to accept them to continue your use of the Services. It is your responsibility to review the Terms regularly and your continued access to or use of the App after such revised Terms are made available will signify your acceptance of such revised Terms and your agreement to be bound by them. In any event, any revisions to these Terms shall not apply to any dispute between you and us that arises prior to the date on which we made available the revised Terms containing such revisions. If you do not agreed to any updated Terms, you must not continue to access or use any part of the App and/or any parts of the Services.
1.3 From time to time, updates to the App may be made available through the App Store and Play Store. Depending on the update, you may not be able to use the App or any Services until you have installed the latest version of the App. Your continued access to or use of the updated App will signify your acceptance of any revised Terms relating to the updated App that are notified to you in accordance with section 1.2 above.
1.4 You confirm that you either own the applicable Device or you have obtained permission to install and use the App and the Services on such Device from the owner of such Device. You accept responsibility for any use of the App on or in relation to such Device, whether or not such Device is owned by you or such use was made by you.
1.5 You confirm that you:
(a) have full power and authority to enter into and be legally bound by these Terms and to perform your obligations under these Terms; and
(b) are of legal age to form a binding contract and hereby agree to be bound by these Terms.
3. Third Party Content
5. Licence Restrictions
Except as expressly permitted by us, set out in these Terms or otherwise required by applicable law, you agree:
(a) not to copy the App except where such copying is incidental to the normal use of the App for its intended purposes;
(b) not to copy, reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the App, including without limitation for public or commercial purposes, including any text, images, audio and video;
(c) not to rent, lease, sub-license, loan, distribute, time-share, translate, merge, adapt, vary or modify the App;
(d) not to 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 programs;
(e) not to 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;
(f) not to sell, resell, link to, exploit, provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us;
(g) not to remove any copyright, trademark or other proprietary rights notices from the App, and subject to paragraph (a) above, to include our copyright notice on any copies you make of the App on any medium;
(h) that you have all rights necessary in relation to any information, content or materials such as text, graphics, images, photographs or other materials that you submit, post or transmit using the App or any Services ("Information") and that all such Information complies with all applicable laws and regulations;
(i) that all Information is true, accurate and complete and that you will maintain and update such Information as needed to ensure that such Information remains true, accurate and complete;
(j) that you are responsible for obtaining and have obtained any and all necessary authorisations, consents and permissions, including from any third party, to the extent that you submit, post, transmit or otherwise process personal data using the App; and
(k) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App (together, the "Licence Restrictions").
6. Acceptable Use Restrictions
(a) not to use the App or any Device in connection with the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
(b) not to use the App to record, post or transmit any Information that is protected by copyright, trade mark, confidentiality or any other proprietary right without the consent of the owner;
(c) not to use the App to record, post or transmit any Information that is defamatory, threatening, abusive, offensive, obscene, indecent, pornographic, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or is otherwise objectionable;
(d) not to use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit any other users from using the App (including by hacking or defacing the App); and
(e) not to collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service, including, without limitation, by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the App content or reproduce or circumvent the navigational structure or presentation of the App without our prior written consent.
(f) not to use the App in any way that would put your life, or the lives of others around you at harm including driving whilst playing with your phone or this App.
7. User Names and Passwords
7.2 You are responsible for maintaining the confidentiality of any password you use to access the App and you agree not to share or transfer such passwords or user names or lend or otherwise transfer your use or access to the App to any third party. You agree to notify us of any unauthorised use of your passwords or user names or any other breach of security related to your account of which you become aware. You are fully responsible for all use of the App and any Services that occur in connection with your user name except to the extent that any unauthorised use is not caused by any breach of your obligations under these Terms.
8. Intellectual Property Rights
8.1 You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use each of them in accordance with these Terms.
8.2 All trademarks, service marks, trade names, logos, icons and images are proprietary to us or used with the permission of our licensors. Nothing contained in the App should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark displayed in the App without our written permission and/or the permission of our licensors. Your use of the trademarks displayed in the App, or any other content, except as provided herein, is strictly prohibited.
8.3 You acknowledge that you have no right to have access to the App in source code form.
9.1 The App and the Services are provided ‘as is’ and 'as available' and, to the extent permitted by applicable law, we, and our directors, officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Any reliance on or use of the App and/or the Services shall be at your sole risk and no information provided via or obtained by you via the App and/or the Services will create any warranty nor be construed as a representation unless expressly stated in these Terms. Subject to section 9.5, neither we nor any App Store or Play Store shall have any obligation to furnish any maintenance and/or support services with respect to the App.
9.2 We attempt to ensure that information provided on or in connection with the App is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness, accuracy or currentness of such information, including all descriptions, images, references, features, content, specifications, products and prices of products and Services described or depicted on the App. Such information is also subject to change at any time without notice. The inclusion of any products or services on this App at a particular time does not imply or warrant that these products or services will be available at any time.
9.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.
9.4 We do not warrant that the functions contained in the App will be uninterrupted or error free, that defects will be corrected or that the App or its content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the App and/or the Services, or its content in terms of its correctness, accuracy, reliability or otherwise. Without limiting the foregoing, you understand and agree that the App only provides scores on driving performance against certain key driving parameters and that we do not warrant or make any representations that use of the App and/or the Services or any part thereof will protect you from any accidents or that the App and/ or the Services are free from any cyber threats.
9.5 You (and not us) assume the entire cost of all necessary servicing, repair or correction in respect of your Device.
10.1 In accordance with clause 4 of these Terms, you are granted a limited licence of use subject to the following restrictions:
- The App is available for use by a Tower policyholder or a named driver on a Tower policy, subject to Tower’s ability to terminate the App for any reason of its own discretion, and without prior notice
- Users who do not have a Tower policy or are not named drivers on a currentTower policy are able to use the App for 30 days, free of charge
- On day 31 the App will no longer be able to be used for a non-Tower customerperson who does not have a current Tower policy or is not a named driver on a current Tower policy
- Users must connect their GoCarma/MyTower account to the same email address used for their Tower insurance policy in order for the App to continue working past day 31
- The excess discount will only be applicable in the case that a user of the App has a current eligible Tower motor policy (for further details please refer to the Tower Excess Discount Terms and Conditions www.tower.co.nz/gocarmapromoterms
- We reserve the right, in whole or in part, to modify, suspend or discontinue the App or your access to the App, temporarily or permanently, without notice for any reason without liability to you except where prohibited by applicable law.
10.2 In addition, you acknowledge that the App is provided over mobile networks and WiFi, and so the quality and availability of the App may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the App. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and hardware, equipment and services needed to access and use the App or any Services, and for paying any data charges including, but not limited to international roaming charges that may be charged to you by your network provider in connection with your use of the App. It is your responsibility to be aware of the details of your account with your network provider, including what will result in a fee being charged.
11. Limitation of Liability
11.1 To the extent permitted by applicable law, 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 facilities and functions of the App meet your requirements.
11.2 Subject to the consumer guarantees provided for in consumer protection legislation acknowledge that we have no liability to you for any loss or damage, whether direct or indirect, howsoever arising from or relating to the use of the App or the Services regardless of the legal ground.
11.3 Nothing in these Terms shall limit or exclude our liability for any liability that cannot be excluded or limited by applicable law.
To the extent permitted by applicable law, you agree to indemnify and hold harmless us and our affiliates and our respective directors, officers, employees, agents, representatives against any claims, actions, demands, losses, liabilities, damages, costs and expenses (including legal expenses and other costs, such as attorneys’ fees) incurred or suffered by us and/or our affiliates and/or our respective directors, officers, employees, agents, representatives that arise out of or in connection with your use of the App or any aspect of the Services. We reserve the right to assume the exclusive defence and control of any claim brought by a third party in connection with your use of the App and/or Services and you agree to assist and co-operate with us in relation to any such claim.
13.1 We may suspend and/or terminate your use of the App immediately in accordance with section 10.1 or by written notice to you if we reasonably believe that you have breached any of these Terms.
13.2 You are under no obligation to use the App and/or the Services and may cease using them at any time by cancelling your registration and permanently deleting the App from your Device.
13.3 On termination for any reason:
(a) all rights granted to you under these Terms shall cease;
(b) you must immediately cease all activities authorised by these Terms, including your use of the App and Services; and
(c) on our request, you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.
14. Communication Between Us
14.1 If you wish to contact us in writing, or if these Terms require you to give notice to us in writing, please contact us at: firstname.lastname@example.org.
15. App Store/Play Store Terms and Conditions
15.1 In addition to your agreement with the foregoing Terms and notwithstanding anything to the contrary herein, you acknowledge and agree to the following provisions with respect to your use of the App:
(a) You acknowledge and agree that these Terms are between us and not with the App Store or Play Store. The App Store and the Play Store do not own and are not responsible for the App or any Services. The App Store and the Play Store are not providing any warranty for the App or any Services.
(b) The App Store and the Play Store are not responsible for maintenance or other support services for the App or any Services and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App or any Services, including, without limitation, any third party product liability claims, claims that the App or any Services fail to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement.
(c) Any enquiries or complaints relating to the use of the App or any Services, including those pertaining to intellectual property rights, must be directed to us in accordance with section 14. The licence that you have been granted under these Terms is limited to a non-transferable license to use the App on a Device. In addition, you agree to comply with the terms of any third party agreement that is applicable to you when using the App, such as your wireless data service agreement.
(d) You acknowledge and agree that the App Store and the Play Store (and their respective subsidiaries) are third party beneficiaries of these Terms and that, upon your acceptance of these Terms, the App Store or the Play Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
16. Law and Jurisdiction
To the extent permitted by applicable law, these Terms, their subject matter and formation, are governed by New Zealand law.
17. Other Important Terms
17.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or your obligations under these Terms.
17.2 You may only transfer your rights or obligations under these Terms to another person if we agree in advance in writing.
17.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.4 Each of the conditions of these Terms operates separately. If any court decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
17.5 These Terms constitute the entire agreement between us with respect to your use of the App. Such Terms supersede all prior understandings or agreements between us in relation to the App. In addition, in entering into these Terms you have not relied on and (in the absence of fraud) you shall have no right or remedy in respect of any statement, representation, assurance or warranty other than as set out in these Terms.
17.6 Except to the extent specified in section 15 or otherwise permitted by applicable law, a person who is not party to these Terms has no to enforce any of these Terms.
17.7 No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.
17.8 All provisions of these Terms which by their nature should survive termination shall survive termination.