(a) Eligible Policy means an active Youi Car, Home Building and/or Contents, Motorcycle, Watercraft, Business Liability, and/or Caravan and Trailer insurance policy held by you. For the avoidance of doubt, NSW Compulsory Third Party Insurance policies underwritten by QBE Insurance are not an Eligible Policy however may form part of a promotion;
(b) YouiDollars means points that you may earn by participating in YouiRewards (please see our YouiRewards Terms and Conditions for further information about YouiDollars);
(c) YouiRewards means the loyalty program known as 'YouiRewards' (please see our YouiRewards Terms and Conditions for further information about YouiRewards); and
(d) YouiRewards Account means the user account that you create via the App in accordance with paragraph 3.2.
2. Overview of the App
2.1 The purpose of the App is to enable you to:
(a) view certain details of your Eligible Policies;
(b) manage and change certain details of your Eligible Policies; and
(c) access YouiRewards.
2.2 If you use the App, you acknowledge and agree that:
(a) your mobile service provider’s standard data rates will apply; and
(b) you remain responsible for payment of any charges owed to your mobile service provider as a result of your data usage in connection with the App.
3. Installation of the App and creation of your YouiRewards Account
3.1 In order to install the App, you will need to have a smartphone device operating either iOS 8.4 or Android 4.4 (or higher).
3.2 Once you have installed the App on your device, you will need to create a YouiRewards Account by following the instructions for registration of a user account on the registration page of the App.
3.3 We may contact you via email or push notification regarding your YouiRewards Account or any YouiRewards or Youi App feature.
3.4 When creating your YouiRewards Account you must provide accurate, complete and up-to-date information as requested on the registration page of the App. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your user account within the App.
3.5 You acknowledge and agree that:
(a) you are solely responsible for all activities that occur on your YouiRewards Account;
(b) your password to access your YouiRewards Account is confidential; and
(c) you will keep your personal details and other information in your YouiRewards Account up to date.
4. Youi SmartDrive
4.1 If you have an active Youi Car Insurance Policy linked to the App, you may be eligible to register for Youi’s telematics program, Youi SmartDrive. By registering for Youi SmartDrive you agree to these terms and conditions.
4.2 To participate in Youi SmartDrive you must enable:
(a) location services on your smartphone and allow those location services to always share with the App; and
(b) cellular data on your smartphone and allow the App to use that cellular data. You agree that your telephone service provider’s data rates will apply and that these and any additional fees, charges or costs will, in all circumstances, be for your own account.
4.3 Youi SmartDrive will collect and record telematics data about your driving style including the speed (acceleration, cornering and braking), location, date and time directly from your smartphone.
4.4 You acknowledge that telematics data can be collected by Youi SmartDrive where you are travelling in a vehicle not driven by you and/or insured by Youi, for example, where you are a passenger in another person’s vehicle.
4.5 Once Youi SmartDrive collects and records a minimum amount of telematics data, Youi will publish your Youi SmartDrive scoreboard within the App. Youi does not guarantee that the data collected and published is accurate or correct.
4.6 Youi agrees not to use any telematics data we collect for claims validation purposes.
4.7 Your registration with Youi SmartDrive will cease if you no longer hold an active Youi Car Insurance policy.
4.8 Youi may offer discounts and other promotions for use of Youi SmartDrive. Any Youi SmartDrive related offer or promotion will be governed by the relevant terms and conditions as published or made available by Youi from time to time.
4.9 Youi may discontinue Youi SmartDrive at any time without notice.
5. Intellectual property
5.1 You grant us an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, sub-licensable licence to use, reproduce, adapt, modify, communicate and publish all content that you submit to the App. You warrant to us that you have the necessary rights to grant this licence.
5.2 Subject to paragraph 5.1, and unless otherwise indicated, we (and/or our third party licensors) own the copyright and other intellectual property rights in the App and in the text, graphics, information, designs, data and other content on the App. While you may browse or print the content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of the App for any other purpose.
5.3 “Youi” is our registered trade mark. You may not use our trade mark in Australia or internationally without our prior written consent, except to legitimately identify our products or services.
6. Restrictions on use
(b) remove or tamper with any copyright notices on the App;
(c) disassemble, decompile, reverse engineer, or create derivative works or functionally equivalent software from the App (except to the extent permitted by Division 4A of Part III of the Copyright Act 1968 (Cth));
(d) copy or download, in a systematic manner, any text, graphics, information, designs, data or other content from the App, or communicate or otherwise distribute such systematically obtained text, graphics, information, designs, data or other content; or
(e) incorporate the App in any product to be made available commercially (unless we expressly agree otherwise with you).
6.2 You must not, directly or indirectly, introduce or permit the introduction of, any virus, worm, trojan or other malicious code into the App, or in any other manner whatsoever corrupt, degrade or disrupt the App.
6.3 You must not (nor permit a third party to) upload or submit any data or information to or via the App (or provide us with any data or information in connection with the App), nor otherwise use the App:
(a) to engage in any activity which breaches any law, infringes a third party’s rights, or in a manner which interferes with the rights of any other person;
(b) to infringe our intellectual property rights (including trade marks and copyright) or the intellectual property rights of any third party;
(c) in any way that is defamatory, obscene, misleading or deceptive or otherwise illegal; or
(d) in any way that constitutes misuse, or resale or other commercial use, the App (or any content and/or services provided or made available through the App).
7. Links to other sites within the App
7.1 We may, from time to time, publish links within the App which transfer you to third party sites (which, in some cases, may be framed within the App). These links are provided for your convenience only and by accessing these third party sites, you agree to any terms of access or use imposed by those sites. We do not endorse any material on third party sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those sites, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person.
7.2 If our App contains third party advertisements (that may or may not contain embedded hyperlinks or referral buttons to third party websites), the display of such advertisements does not in any way imply our endorsement or recommendation of the relevant advertiser, its products or its services.
8.1 The App and all content and/or services provided or made available through the App, are made available to you on an 'as is' and 'as available' basis.
8.2 You acknowledge and agree that to the extent permitted by law, and subject to section 11, we make no representations, warranties or guarantees in relation to the availability, suitability continuity, reliability, accuracy, currency or security of the App. We will not be liable if the App (or any content submitted to, provided on or made available through it) is incomplete, corrupted, inaccurate, outdated or incorrect, or if the App (or any services provided or made available through it) is unavailable for any reason, including directly or indirectly as a result of:
(a) telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
(b) negligent, malicious or wilful acts or omissions of third parties (including our third party service providers);
(c) maintenance or repairs carried out by us or any third party service provider in respect of any of the systems used in connection with the provision of the App;
(d) any events beyond our control; or
(e) services provided by third parties ceasing or becoming unavailable.
8.3 You also acknowledge and agree that to the extent possible under the law, and subject to section 11, we do not represent, warrant or guarantee that the App is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.
9. Purchase of E-Vouchers or E-Gift Cards – Conditions of Sale
9.3 Online Fees: The purchasing of products and services may be subject to credit card and other fees.
9.4 Return and Refund Policy:
(a) To the extent permitted by law, and without limiting the Application of Australian Consumer Law and the Consumer Guarantees, Youi’s liability to you in connection with the purchase or use of any products or services obtained from the App is limited to either:
(i) replacement of those products or services; or
(ii) a refund of the cost of purchase of those products or services.
(b) Refunds or exchanges are not available where you simply change your mind, or where you have mistakenly purchased the wrong e-gift card or e-voucher or where you do not have confirmation of purchase.
(c) Refunds on transactions will be returned to the same account used for the original sale, provided you have returned the product and that product was not used.
(d) To the extent permitted by law:
(i) Youi (including its related bodies corporate and affiliates), its directors, officers, employees and agents exclude all liability to you and any other persons who use a product or service you have purchased from the App including liability for any consequential loss or damage, indirect, incidental, special damages, or loss of business or profits; and
9.5 GST: GST may apply to the purchase of products and services from the App and will be included in the price displayed at time of purchase.
9.6 Force Majeure: Youi’s obligations to you will be suspended for the period in which it is affected by any event beyond its reasonable control, which shall include without limitation an act of God, fire, flood or other extreme weather event, natural disaster, strike, electricity, power or communications failure, shortage or unavailability of products or services or a change in applicable law.
9.7 No re-sale or promotional use: Products or services obtained from the App may not be re-sold, on-supplied or transferred from commercial, consumer or promotional purposes, bundled with other goods and services or used for promotional purposes with Youi’s prior written consent.
10.1 You indemnify us (and all our subsidiaries, employees and officers) against all loss, actions, proceedings, cost and expenses (including legal fees), claims and damages (Damages) arising directly or indirectly out of or in connection with:
(b) any negligent or fraudulent act, error or omission by you;
(c) the use of your YouiRewards Account by you or any third party;
(d) the publication or transmission of any information that you provide to us for inclusion in the App (including any Damages sustained or incurred by us in connection with complaints or claims relating to any such information);
(e) loss of or damage to any property or injury to or death of any person caused by any act or omission by you; or
(f) any claim by a third party against us relating to your use of the App (or use by any person who accesses the App using your account) or information you provide to us as a result of using the App.
11. Consumer guarantees
(a) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
(b) in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired,
11.2 Except in the case of a major failure (as that term is defined in the Australian Consumer Law), we can elect as between the remedies set out in paragraphs (a) and (b) above.
12. Exclusion of liability
12.1 To the extent permitted by law, we exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by you:
(a) in connection with or in any way relating to the App or any content and/or services provided or made available through the App, including:
(i) in connection with any disruption to or unavailability or failure of the App or interference with or damage to computer systems or other electronic devices;
(ii) in connection with errors, omissions or inaccuracies contained in any information published on or available via the App;
(iii) as a result of any fraudulent use, misuse or misappropriation of any account; or
(iv) as a result of any act committed by another person in connection with your use of the App or any content and/or services provided or made available through the App;
(b) arising from any circumstance beyond our control; and
(c) otherwise under or in connection with these Terms.
13. Variation, suspension and termination
13.2 We may, in our absolute discretion:
(a) change all or part of the App (including the availability of any feature or content) or suspend access to the App at any time for any reason, without having to give you notice; and
(b) impose limits on certain features or restrict your access to all or part of the App, without having to give you notice.
14.1 We may change these Terms and Conditions from time to time. If we reasonably consider that the change is likely to:
(a) you may close your YouiRewards Account by sending an email to firstname.lastname@example.org; and
(b) you should tell us in that email whether you wish to spend or forfeit your remaining YouiDollars.
15. Comments and complaints
15.1 If you are having difficulties accessing the App or your YouiRewards or would like to lodge a complaint, please contact us at email@example.com. We take your feedback seriously and will promptly investigate and respond to all genuine complaints.
(b) words importing the singular include the plural and vice versa;
(c) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word has a corresponding meaning;
(d) a reference to any legislation includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them;
(e) the meaning of general words is not limited by specific examples introduced by including, for example, such as or similar expressions.
© Youi Pty Ltd
Prepared 21 May 2018