1.1 “Dialdirect” means Dial Direct Insurance Limited, a company duly incorporated in terms of the laws of South Africa with registration number: 1995/008764/06. Dialdirect is the lawful owner of the Dialdirect Insurance App;
1.2 “User” means a natural person whom has (a) completed the App registration process in order to utilise the App and the Service/s or (b) registered as a User with limited User rights on the App which would not necessarily require the User to complete the standard and / or full registration process as noted in 1.2(a) above in order to commence use of the specific and / or limited Services as authorised by Dialdirect (i.e. Trial Users in terms of the Dialdirect Payback offering, if applicable, etc);
1.3 “Service/s” means the services, including but not limited to, the tracking of the User’s risk and/or driving behaviour via GPS, providing the User with an easy to understand and easily accessible point of contact with Dialdirect and any further services and/or product offerings which may be provided by Dialdirect from time to time;
1.4 “Party/Parties” means Dialdirect and the User respectively and/or jointly as the case may be;
Obligations of the User
2.1 It is specifically recorded that the User:
2.1.1 is solely responsible for safeguarding and maintaining the confidentiality of the User’s account, including the User’s username and password, and further that the User is responsible for all activities that occur and/or do not occur under the User’s account, whether or not the User has authorised such activities.
2.1.2 will not at any time during the use of the App and/or Service permit any third party to access the App and/or use the Service/s through the User’s account;
2.1.3 will not, directly or indirectly:
126.96.36.199 violate any law, statute, regulation or agreement;
188.8.131.52 provide false, inaccurate, intentionally manipulated or misleading information;
184.108.40.206 use the App and the Service/s for reasons other than expressly provided for and authorised by Dialdirect nor contravene any of the specific and / or applicable Dialdirect terms and conditions;
220.127.116.11 modify, reverse engineer, decompile, disassemble, or create derivative works based upon the Service or any software or programming related thereto;
18.104.22.168 use any device, software, methodology, or routine to interfere with the proper working of the Service or servers or networks connected to the Service;
22.214.171.124 access data of which the User is not the intended recipient or log into a server or account on a network related to the Service that the User is not expressly authorised to access;
126.96.36.199 harvest or collect information about other Dialdirect Insurance App users;
188.8.131.52 engage in any activity that interferes with any third party's ability to use or enjoy the Service; and
184.108.40.206 circumvent any Dialdirect policy or determinations about the User’s App account such as temporary or indefinite suspensions or other account limitations or restrictions, including: attempting to create new or additional Dialdirect accounts when an account has been restricted, suspended or otherwise limited or using someone else's Dialdirect Insurance App account.
2.2 The User shall not be entitled to assign, transfer, cede or delegate any of its rights and obligations contained herein without the written consent of Dialdirect.
2.3 The User agrees that for certain Services to be effectively and accurately rendered, it will be a requirement that the User’s GPS and/or location settings be activated in order for Dialdirect to track, amongst other information, the driving behaviour of the User. In such instances, Dialdirect will through the App to be able to identify the User’s geographic location using GPS via the User’s mobile device. Though Dialdirect will be able to identify the User’s geographic location, Dialdirect will not receive, use, collect or store the User’s personal information other than that personal information needed to render the Service/s effectively.
Further applicable Terms and Conditions
The App and the Service/s rendered thereby will also form part of Dialdirect’s online product offerings and services ("Online Services"). The Online Services are governed by separate Terms and Conditions ("Online Service Terms") that are available on the Dialdirect Website located at dialdirect.co.za. The Terms should at all times be read in conjunction with the Dialdirect Online Terms and Conditions, and the further specific Dialdirect product and/or service related terms and conditions all of which can be found on the Dialdirect Website.
Duration and termination/suspension of the Terms
4.1 The Terms become effective when Users first access the App and agree to the Terms. The version of the Terms, which will be contained on the App, will govern the respective rights and obligations each time the Users access the App. The Users continued access and use of the App and Services will thus constitute the Users’ binding acceptance of the Terms, including any changes or modifications thereto.
4.2 The User acknowledges that use of the App is provided free of charge, and Dialdirect may suspend the use thereof as well as the license granted herein at any time with or without notice to the User by disabling access to the App. The User may terminate use of the App and the related Terms at any time upon notice to Dialdirect.
4.3 If the User’s access to the App is terminated or suspended, Dialdirect reserves the right to exercise whatever means Dialdirect deem necessary to prevent unauthorised access to the App, including, but not limited to, technological barriers, IP mapping, etc.
License to use App
Subject to the Terms and any further specific product and service terms and conditions which may be applicable to such product or service, Dialdirect grants the User a non-exclusive, non-transferable (except as otherwise provided herein) license to use the App as well as the related Services contained thereon;
6.1 Dialdirect hereby warrants, represents and undertakes in favour of the User that:
6.1.1 it shall not, at any time, process data for any purpose other than with the express prior written consent of the User and to the extent necessary to provide the Services to the User; and
6.1.2 it shall ensure that all its systems and operations which it uses to provide the Services, including all systems on which Data is processed as part of providing the Services, shall at all times be of a minimum standard required by all applicable laws and be of a standard no less than the standards which are in compliance with the best industry practice for the protection, control and use of Data.
6.1.3 Dialdirect shall take appropriate and reasonable technical and organisational measures to prevent the loss of, damage to or unauthorised destruction of Data and the unlawful access to or processing of Data. The measures taken must at all times be of a minimum standard required by all applicable laws and be of a standard no less than the standards which are in compliance with the best industry practice for the protection, control and use of Data.
6.1.4 Dialdirect shall take reasonable steps to identify all reasonably foreseeable internal and external risks posed to Data in Dialdirect’s possession or control and establish and maintain appropriate safeguards against any risks identified. Dialdirect shall regularly verify that the safeguards are effectively implemented and keep a record of such verification. The safeguards shall be updated continually in response to new risks or deficiencies in previously implemented safeguards.
6.1.5 Dialdirect shall notify the User:
220.127.116.11 of any risks posed to Data that it has identified;
18.104.22.168 of the safeguards established by Dialdirect to mitigate the impact of the risks; and
22.214.171.124 that the safeguards have been effectively implemented.
6.1.6 Dialdirect shall notify the User of any security compromises or suspected security compromises of which it becomes aware or suspects, immediately on becoming so aware or forming such a suspicion.
7.1 The Parties agree that the possibility exists that certain errors and/or omissions can occur during the provision of the Services by Dialdirect to the User via the App;
7.2 Should a User become aware of any error and/or omission during the use of the App the User agrees to inform Dialdirect within seven (7) days of the nature, extent and/or time of such error and/or omission following which Dialdirect will initiate the needed investigation in order to rectify, if applicable;
7.3 Dialdirect hereby acknowledges that it will not intentionally create or initiate such errors and/or omissions and will endeavour to resolve such errors and/or omissions within good faith within a reasonable time period;
7.4 Dialdirect will not be liable for any resultant damages suffered by the User due to such errors and/or omissions.
The Terms do not grant the User any right, title, interest, license (express or implied) to the App, any patent, trademark, service mark, copyright, trade secret or proprietary right associated with, on the part of Dialdirect, the Service, or, previous applications or business methods of Dialdirect (or its affiliates) required or provided in connection with the Service (whether owned or licensed by Dialdirect or its affiliates or a third party); or arising from Dialdirect or its affiliates' research and development activities. Dialdirect has and retains exclusive and valid ownership of the Service, the names and marks thereof, and all intellectual property, proprietary rights and documentation therein, and you acknowledge that the foregoing constitute valuable assets and may constitute trade secrets of Dialdirect.
9.1 If a dispute of any nature arises, including in regard to the interpretation of, the effect of, the Parties' respective rights or obligations hereunder, a breach of and/or the termination of the Terms, then the User shall submit such dispute in writing to Dialdirect;
9.2 Dialdirect will endeavour to resolve such dispute within a reasonable time period considering the complexity of such dispute and will further endeavour to keep the User informed as to the progress of such dispute;
9.3 The provisions of this clause 9 shall however not preclude either Party from seeking alternative relief from an appropriate forum.
10.1 In the event that the User commits any breach of the Terms and fails to remedy such breach within 7 (seven) business days ("Notice Period") of written notice requiring the breach to be remedied, then Dialdirect will be entitled, at its option:
10.1.1 to claim immediate specific performance of any of the User’s obligations, with or without claiming damages, whether or not such obligation has fallen due for performance;
10.1.2 to cancel or suspend use of the App and/or the provision of the Services, with or without claiming damages, in which case written notice of the cancellation shall be given to the User, and the cancellation/suspension shall take effect on the giving of the notice.
10.2 Dialdirect remedies in terms of this clause 10 are without prejudice to any other remedies to which Dialdirect may be entitled in law.
Neither Party shall be liable for any failure to fulfil its obligations under these Terms if such failure is caused by any circumstances beyond its reasonable control, including but not limited to flood, fire, earthquake, war, tempest or hurricane beyond the control of either Party or acts of God.
12.1 The User agrees to indemnify, defend and hold Dialdirect, its partners, affiliates, contractors, officers, directors, employees and agents harmless against, all liabilities, damages and costs including attorney fees and costs payable to third parties arising out of a claim or dispute against Dialdirect arising directly or indirectly from the User’s acts and/or omissions to act in using the Services pursuant to the Terms.
12.2 Dialdirect shall not be liable for the content and/or information, or the accuracy thereof, as uploaded by the User.
12.3 In no event shall Dialdirect, its licensors, its suppliers, or any third parties mentioned on the App or during the rendering of the Service be liable for any damages, including, without limitation, direct, indirect, incidental, special or consequential damages, personal injury/wrongful death, lost profits, or damages resulting from the use of or inability to use the App and/or Service, the content, or arising out of the use of or inability to use the Service, even if we have been advised of the possibility of such damages, whether based on warranty or contract and whether or not Dialdirect, its licensors, its suppliers, or any third parties mentioned on the Dialdirect Insurance App and Service are advised of the possibility of such damages.
13.1 The Law governing the Terms shall be that of the Republic of South Africa.
13.2 The language of the Terms and of all communications between the Parties shall be English and/or such other language agreed to between Dialdirect and the User. All reports, communications and recommendations prepared under the Terms shall be in English.
13.3 Any provisions of the Terms which may become inconsistent with legislation due to amendments to that legislation shall be deemed, insofar as possible, to be amended accordingly, provided that, where such legislative amendments render any provisions illegal, invalid, unenforceable or ineffective, the Parties shall renegotiate such provisions in good faith, having due regard for such amendments and to the principles contained herein. If any provision cannot be renegotiated it shall be treated pro non scripto and severed from the balance of the Terms, without invalidating the remaining provisions of the Terms or affecting the validity or enforceability of such provisions.
13.4 The Parties shall at all times owe each other a duty of good faith.
13.5 No variation or consensual cancellation of the Terms and no addition thereto shall be of any force or effect unless reduced to writing by Dialdirect.
13.6 By clicking “Continue” in the registration process, and by using the Dialdirect Insurance App, the User agrees to the Terms and Conditions of the App.