These T's and C's are between you and King Price. The T's and C's, and the privacy policy, constitute the agreement between you and us. This agreement authorises you to use this app, which may be supplied from any source. This is a licence agreement and not an agreement of sale. King Price will always own the app.
Please read these T's and C's carefully before installing, downloading, or using the app. If you don't agree to these T's and C's, or are uncertain about any of them, don't click on the ‘Accept terms and conditions' checkbox, and cancel the app's download or installation and/or uninstall the app.
By using the app you agree:
- To these T's and C's.
- That you have the legal capacity and authority to accept this legally binding agreement.
- That we may send you promotional material or details about our products and services.
- That our partners may also contact you regarding special offers, value added products and any other insurance products. Help us, help you.
- That you've read this agreement, understand it, and agree to be bound by its T's and C's.
Definitions
‘King Price' means King Price Insurance Company Limited with registration number 2009/012496/06, a company duly incorporated with limited liability and registered according to the company laws of SA. We're the lawful owner of this app. King Price is otherwise also known as ‘us' or ‘we'.
‘You' means the user of the app.
‘App' means this King Price app, and all the contents of the app under this agreement, including the object code form of the app, and upgrades, modified versions, updates, additions, and copies of the app, if any.
Your obligations
- You're responsible for keeping your account confidential, including your username and password. You're also responsible for all activities that occur/don't occur on your account, whether you authorised these activities or not.
- You won't permit any third party to access the app through your account.
Grant of right of use
- We grant you a non-exclusive, non-transferable right to download and install the app on a single mobile device that you control, and to use it in object code form.
- You’re authorised to use the app for your own purposes and agree not to exploit it for commercial gain. You also acknowledge that you obtain no rights of ownership in the app whatsoever.
Licence use
- The app allows you to download and view your policy, update your personal details, lodge a claim, and ask for changes to your cover.
- You also know, understand and agree that the app’s intended for info and data transfer purposes only. No request, or any other info submitted by means of the app, will be valid or effective until we provide you with an updated policy schedule or written acceptance of your claim. We may accept/reject any request or claim submitted by you via the app in its sole and absolute discretion for any reason.
- You're responsible for any and all network data charges while using the app.
Licence restrictions
- You won’t (except to the extent permitted by law) modify, translate, correct any error, defect or operating anomalies, or create derivative works based on the app, nor reverse assemble, decompile or reverse engineer the app, whether in whole or in part, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, programming of the app or any files contained in or generated by the app. You also won’t sell, lease, encumber, sublicense, lend, transfer or assign the app to any third party, or directly or indirectly allow them to perform any of the actions mentioned above.
- You may make 1 copy of the app as an archival backup copy, provided that this backup isn't installed or used on any device. You also agree to keep this copy safe.
- You agree that you’ll only use the app in a way that complies with all applicable laws in the jurisdiction in which you use it, including (without limitation) applicable restrictions concerning copyright and other intellectual property rights.
Personal information
- Personal information about app users is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in South Africa.
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We also collect, store and use personal information such as:
- Information relating to your smartphone such as geographical data, network locations, domain names, connection types and speed, operating systems, browsers and versions, screen colours and resolution, flash and java versions, source of referral and number of page views.
- Information you provide us to give you an estimated insurance quotation such as first name, surname, addresses, contact numbers, email addresses, ID numbers and insured item's details.
- Information you provide to join our mailing list such as first name, surname, email and contact numbers.
- Any other information you choose to send us.
Use of information
Personal information that app users submit to our site is used only for the purpose for which it is submitted or for such other secondary purposes that are related to the primary purpose, unless we disclose other uses in this
app policy or at the time of collection. Copies of correspondence sent from the website, that may contain personal information, are stored as archives for record-keeping and back-up purposes only.
We use your personal information to give you estimation on your insurance premium with King Price Insurance Company of South Africa Ltd. After requesting a quote you will receive in email confirming the estimation and that the quote was successful.
We will not without your express consent share your information with any other third parties for any advertising purposes.
Location Data and Services
Location data and services may be used whilst conducting a quotation to determine your home address, at claims stage to identify the incident location, when requesting a King’s Cab to determine the pick-up location and whilst utilizing the Code Red functionality on your app to determine your location in order to dispatch armed response.
If you have “background location” turned on, location data and services may be utilized for the Code Red functionality even if you are not directly interacting with the app. This will assist in determining your location in an emergency situation where the app is, for example, accidentally closed.
Intellectual property rights
- The app and all rights, including (without limitation) its intellectual property rights, are owned by us and/or our licensors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which it's being used. You acknowledge that you obtain no intellectual property rights whatsoever in the app. The structure, organisation, and code of the app are valuable trade secrets and confidential to us and/or our licensors and affiliates. You mustn’t copy the app, except as an archival backup.
- You’ll let us know immediately if any claim implies that the app infringes the intellectual property rights of a third party. You’ll also let us know of any infringement or suspected infringement of intellectual property rights by any third party in the app. At our expense and request, you’ll also take action or assist us in taking action to protect our intellectual property rights.
Commencement and termination
- This agreement is effective from the first date you download and install the app. You may terminate this agreement at any time by permanently deleting, destroying, and returning (at your own costs) the app, all backup copies, and all related materials provided by us.
- If, for whatever reason, you don’t comply with any provision of this agreement, we may automatically and immediately terminate this licence without notice. If this happens, you must immediately delete, destroy, or return (at your own cost) the app, all backup copies, and all related material to us.
- You’re not entitled to any refund or credit for the termination of this licence.
Disclaimer
- You acknowledge that the app’s provided ‘as is' without warranty of any kind (express or implied, statutory or otherwise, and to the maximum extent permitted by law). Neither we, nor our licensors or affiliates, nor the copyright holders, make any representations or warranties, express or implied, including (without limitation) to the warranties of merchantability or fitness for a particular purpose or that the app won't infringe any third party intellectual property or other rights.
- The app hasn't been written to meet your individual requirements and there's no warranty by us or by any other party that the functions contained in the app will meet your requirements or that the operation software will be uninterrupted or error-free. You assume all responsibility and risk for the selection of the app to achieve your attended results and for the installation, use, and results obtained from it.
- Use of the app, its info, products and services is at your own risk. Regardless of the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, we accept no liability relating to any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the use and/or reliance upon the info on our app or any actions or transactions resulting from it, even if we're aware of the possibility of such loss.
- We have no control over third parties' products or service, and won’t be responsible for any loss or damage you suffer, whether directly or indirectly because of a third party's products or services or the use of such products or services. You also agree to indemnify us and hold us harmless for any loss, expense, claim or damage, whether direct, indirect or consequential, that you may suffer in this regard.
- We make no warranty or representation (whether express or implied) that the products, info or files available on this app are free of viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of your mobile device, network or your hardware or software. You accept all risks associated with the possible existence of such viruses, destructive materials or any other data on our site.
Limitation of liability
- To the extent permitted by law, in no event will we, our employees, licensors or affiliates be liable for any lost profits, revenue, sales, data, or costs or procurement of substitute goods or services, property damage, death, personal injury, interruption of business, loss of business info. We’ll also not be liable for any special, direct, indirect, incidental, economic, cover, punitive, special, or consequential damages which arise under contract, tort, negligence (including gross negligence) or any other theory of liability ( which arises out of the use of or inability to use the app) even if we or our licensors or affiliates are made aware of the possibility of such damages.
- Nothing in this agreement will favour the statutory rights of any party dealing as a client.
Support
We're under no obligation to provide any maintenance or support, including (without limitation the correction or provision of errors, bugs, viruses, upgrades or enhancements, with regards to the app, or any other obligation that’s not stated in this agreement.
Notices
All notices and return of the app and documentation should be delivered to us at the address on kingprice.co.za
Dispute resolution and governing law
We'll do everything we can to resolve any dispute within a reasonable time period, while taking into account the complexity of the dispute. We’ll also keep you informed about the progress of the dispute. Remember, this provision doesn’t prevent you or us from seeking alternative relief from an appropriate forum.
General
- This agreement (which may vary from time to time) serves as the only record of the agreement between us in relation to your use of the app and it replaces any previous representations, discussions, undertakings, end-user agreements, communications, or advertising (whether oral or written) relating to the app.
- Neither 1 of us will be bound by any express or implied representation, warranty or promise not recorded in this agreement. Our failure to enforce any of the provisions of this agreement doesn’t suggest a waiver of rights. Any waiver of any provision of this agreement will only be effective once it’s confirmed in writing and signed by us.
- If any clause in this agreement is found to be unenforceable, this won’t affect any other clause and they’ll remain in full force and effect. Furthermore, any rights not expressly granted in this agreement, are reserved.
Changes to agreement
We may change any of these T's and C's at any time and at our discretion. When we make changes, we'll revise the ‘Last updated' date at the top of this agreement. Any changes will be effective immediately upon posting. Your continued use of the app following the posting of changes will be taken as your acceptance of such changes. You agree to review this agreement whenever you visit our app.
Privacy policy
The privacy policy relates to the collection and use of personal info you give to us via the app and determines the way in which we’ll deal with your personal info.
‘Personal info’ means all info specific to you, which is given to us via the app. In other words, any and all info that identifies you.
By using any of the services on the app, you agree that we may send you promotional material or details. If you don't agree to us using your info for marketing purposes you shouldn’t accept these T's and C's.
Your privacy’s important to us. We won't sell, rent or give your personal info to unauthorised entities or other third parties (for their independent use) without your consent.
If at any stage, after you've given us your consent, you don’t want us to use your personal info, you may withdraw your consent by uninstalling the app from your mobile device and notifying us telephonically or via email.
We value the info you choose to give us and which we collect from you, and we’ll take reasonable steps to protect your personal info from loss, misuse or unauthorised alteration.
The info we receive via the app is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that info. However, we can't guarantee the security of any personal info that you submit via our app. You therefore accept the risk of giving us info when using the app and won't hold us, or our directors, employees or agents, responsible for any breach of security.
