Agreement between User & Freely backed by Cover-More, a company of Zurich.
This End User License Agreement ("EULA") sets out the agreement between a person who wants to use, access, view or install, or any combination of the foregoing,("you") the FREELY mobile application software, the data supplied with the software, all media associated with the application software and any electronic or online documents accessed with or through or incorporated into the application software ("App") and Cover-More Insurance Services Pty Ltd (ABN 41622 132 530) of 60 Miler Street, North Sydney, New South Wales (we, us,"our") for use of the App.
From time to time it may be necessary for us to review and revise this EULA. We reserve the right to amend this EULA at anytime and for any reason. If we make a change to this EULA, the revised version will be notified to you from time to time. You may be required to read the new terms on screen and accept them to continue to use the App following such a change.
Important information about Freely Travel Insurance
FREELY is a brand of Cover-More Insurance Services Pty Ltd (ABN 95 003 114 145, AFSL 241713). The Freely Travel Insurance Plan is offered and provided by Cover-More Inc. (CA Agency License #0N13321). Travel insurance is underwritten by Zurich American Insurance Company (NAIC # 16535). Cover-More Insurance Services Pty Ltd., Zurich American Insurance Company, and Cover-More Inc. are separate legal entities and part of Zurich Insurance Group.
Any advice provided is of a general nature only and does not take into consideration any of your personal needs, objectives or financial situation. The product descriptions provided here are only brief summaries. The full coverage terms and details, including limitations and exclusions, are contained in the insurance policy. Coverages and rates are subject to individual insured meeting underwriting qualifications and product availability in applicable states. Your policy is the contract that specifically and fully describes your coverage, terms and conditions. Make sure you read the policy wording before deciding to acquire this insurance.
Your duty to take reasonable care not to make a misrepresentation
You have a duty to take reasonable care not to make a misrepresentation when entering into this contract of insurance. It's important you understand you're answering our questions for yourself and anyone else that you want to be covered by the contract and that the insurance we offer is based on your answers. When you answer the questions you must take reasonable care to give at rue and accurate answer and fully answer the question. If you do make a misrepresentation to us, we may cancel your contract or reduce the amount we will pay you if you make a claim, or both. If you make a fraudulent misrepresentation to us, we may refuse to pay a claim and treat the contract as if it never existed.
1.2 We license the use of the App to you on the conditions set out in this EULA and subject to any rules or policies applied by the owner or operator of the website or online mobile application store where you downloaded the App. We do not sell the App to you. We remain the owner of the App at all times.
1.4 The App is comprised of information, data, graphics, sounds and images ("Content") and is owned and operated by us.
1.5 When you register for the application, you are registering for the supporting management portal. Your App registration automatically sends your information to the management portal, which is how we use your data to track your location, send you messages and generally manage your travel risk.
You acknowledge that you have obtained permission from the owners of the mobile telephone or handheld devices ("Devices") that are controlled, but not owned, by you and to download the App onto the Devices. You and the owner may be charged by the relevant service providers for internet access on the Devices, including any overseas roaming charges if you download or use the App outside of the usual territory or region to which you subscribe for mobile telephone or data services.You accept responsibility in accordance with the terms of this EULA for the use of the App and any Service on or in relation to any Device, whether or not it is owned by you.
3.1 In consideration of you purchasing a travel insurance policy from the App ("Policy") and agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive license to use the App on the Devices. If you do not agree to all of these Terms, we will not license the App to you and you must uninstall the App from your Devices. We reserve all other rights.
3.2 As a condition of using the App Services, you are required to register and become a user. You are present, and warrant that the information you provide us is accurate and complete (including, but not limited to a name, email address, mobile telephone number, Policy number, country of residence and a password to access the Services). You must keep your information accurate and up-to-date. Should your information be inaccurate, it is your responsibility to correct this information or notify us if you are unable to do so in order for us to correct your information. Failure to do shall constitute a breach of this EULA, which may result in immediate termination of this EULA.
3.3 You may download a copy of the App for your personal use only for the duration for which you have a valid licensing agreement in place with us for the use of the App.
The App is not intended for use by children under the age of 16. If you are under 16 you must not use the App unless you are named on the Policy and have been granted access to the App from your parent or guardian.
5.1 You acknowledge that we are the owner of all rights in the App, at all times. Your rights to use the App are licensed (and not sold) to you, and that you have no other rights in or in relation to the App, the underlying technology used or supported by the App or any App Service other than those explicitly granted in this EULA.
5.2 Except as expressly set out in this EULA or as permitted by any law, you agree:
a) not to copy the App except where such copying is incidental to normal use of the App, or where itis necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
(c) 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; and
(d) 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 except to the extent that (by virtue of any provision of the applicable copyright legislation applicable to the jurisdiction in which you reside) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the App with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the App.
5.3 You must not use the App or any App Services:
(a) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, including but not limited to hacking into or inserting malicious code, including viruses, or harmful data, into the App or any App Services;
(b) to infringe our intellectual property rights or those of any third party;
(c) to transmit any material that is defamatory, offensive or otherwise objectionable;
(d) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
(e) to collect or harvest any information or data from any App Services or our systems or attempt to decipher any transmissions to or from the servers running any App Services.
6.2 If you supply us with any personal information via the App using an email or an online notification facility (for example, our quote engine) we take reasonable measures to ensure that the information is submitted and stored securely.
6.3 The Personal Information that is supplied to us by you will be processed lawfully, fairly and in a transparent manner; it will be collected for the specified purposes outlined in this agreement and reasonable efforts will be made to ensure that this PersonalInformation will not be processed in a manner that is incompatible with those purposes.
6.4 We take reasonable steps to secure the App and the Personal Information you supply. We will observe applicable laws relating to unauthorized access to a user’s information that may be gained by third parties via the App. If you are concerned about the security of your Personal Information, please contact us to discuss alternative methods for providing the information.
6.5 You acknowledge that we may share your data with your employer, when you are an employee of one of our corporate or business clients. In the event your employer or the company for whom you are traveling has access to the company’s management portal, your data may be readily accessible by your employer or by the company for whom you are traveling.
7.1 By using the App or any of the App Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for services that are internet-based or wireless, to improve our products and to provide any services to you, including location and motion sensor data.
7.2 Certain App Services may make use of location data sent by the Devices. You can turn off location services at anytime by turning off the location services settings for the App on the Device. If you use these App Services, you consent to us and our affiliates collecting, transmitting, maintaining, processing and using your location data and queries to provide and improve location-based services. You may withdraw your consent at any time by turning off the location services settings.
7.3 If you have location services turned on, whenever you open and use or interact with the App on your Device, we collect and use your location data from you Device to tailor the services to your current location. We will process and store your location data as part of the personalized chat and notification service provided as part of the App. This will make this information accessible to people that have access to your trip. We will only process your location data with your permission.
7.4 If you have location services turned on, we will from time to time, obtain your device's location even if you are not directly interacting with the App.
7.5 You acknowledge that if you choose to turn off location services, the functionality of the App will be limited. In particular, we will not be able to track your exact location in real-time and may not be able to provide you with active management support in the event an incident takes place while you are traveling, and you require assistance. We will also be unable to send you real-time alerts relating to your travel location.
7.6 You acknowledge that if you do not turn off location services on your return to your home country, the App will continue to use location services. When you are in your home country, your location data will still be accessed to give you relevant suggestions (e.g. if you are at an airport to update the App with any new trips).
8.1 The App and App Services may contain links to other independent third party websites("Third Party Sites"). Third Party Sites are not under our control and we are not responsible for and do not endorse their content or their privacy policies, if any. You must make your own independent judgment regarding your interaction with any Third Party Sites, including the purchase and use of any products or services accessible through them. By using the App, you expressly consent that your data is being transferred and processed by such Third Parties. Specifically, Third Parties may include, but are not limited to, travel booking platforms, in order to retrieve your geo coordinates or your itinerary data.
8.2 We take reasonable steps to maintain the integrity of the Content on the App, but cannot guarantee or assure users as to the currency, reliability or accuracy of Content. It is possible that the App and the Content could include errors, inaccuracies, or outdated information. Due to the nature of the ‘world wide web', unauthorized use, additions, deletions, and alterations could be made to the App and theContent by third parties (due to events beyond the control of us).
8.3 If you discover an error or have reason to believe that unauthorized access or 'hacking' of the App has occurred, please inform us so we can take steps to correct errors or respond to the unauthorized content.
9.1 By using the App or any of the App Services, you acknowledge and agree that you may receive:
(a) push notifications;
(c) real-time chat notifications; and
(d) other messages,
from us in relation to those App Services, at any time. You have the option to turn these messages off at any time by turning off the notification settings for the App on the Device.
9.2 In order to receive alerts, notifications and messages, you must ensure that your contact details(including your mobile number) have been correctly registered, your Device is switched on and able to receive messages and you are located within a coverage area of your mobile service provider.
10.1 You acknowledge and agree that the App may:
(a) collect and store your registration information and information relevant to the App Services; and
(b) request your Device to transmit that data back to our web-server, to provide you with the App Services, help us continually improve the App and enhance your user experience when you next use the App.
10.2 You are responsible for properly cancelling your account. Should you wish for us to delete all of your data from the App, you will be required to directly contact us and request that the information be deleted. If you do this, you acknowledge that you will be required to re-install the App and re-register within the App if you wish to use the App Services at a later date. Deleting the App will not cancel your account and is not considered a cancellation.
11.1 The App Services may allow you to upload and store your personal documents. You retain ownership of any intellectual property rights that you hold in those documents.
11.2 When you upload, submit, store, send or receive content to or through our Services, you give us(and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with ourServices), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting and improving our App Services. This license continues even if you stop using our Services.
11.3 You must make sure you have the necessary rights to grant us this license for any documents you store on the App. You indemnify us against all losses, costs, actions, claims, demands, expenses, judgments, court orders or other liabilities incurred by us, arising directly or indirectly out of, or otherwise in connection with, any claim made or threatened, whether by legal proceedings or otherwise, by a third party that your use of the App or the App Services, including any documents you upload and store on the App, infringe a third party's intellectual property rights.
12.1 To the fullest extent permitted by any applicable law, you agree that:
(a) we do not warrant the accuracy, currency or completeness of the Content which you access through the App. The Content is provided to you “as is” and on an “as available” basis and on the condition that you accept all responsibility for assessing the accuracy of the Content, the application of the Content to your particular circumstances and rely on it at your own risk. All Content which you access through the App may be changed at our sole discretion and without notice;
(b) we do not warrant that functions of the App or those which you access via the App will be uninterrupted, timely or error free, that defects will be corrected or that we or the server that makes it available are free of viruses or bugs. Given the nature of online services, we do not warrant that the App will be secure, and we will not be liable for any disruptions to the App or App Services; and
(c) internet transmissions are, by their nature, never entirely private or secure. You understand that any message or information that you send using the App or anApp Service may be intercepted or read by others, even if you are notified that the particular transmission is encrypted.
12.2 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.
12.3 You acknowledge that the advice provided to you on the App is designed as a guide and should not be relied upon to the exclusion of any advice given by a medical care provider or by an individual with greater knowledge of the situation in your current location.
12.4 You further acknowledge that if you have an existing medical condition, or suffer a medical episode whilst traveling and using the App, any health information and recommendations provided on the App, provided as part of the live chat function or sent to you via SMS, are for information purposes only and are not intended as a substitute for medical advice from a suitably qualified health care provider. Nothing that you may read from our App or that is otherwise provided to you through the App should be construed as diagnostic information or medical advice. We do not give any express or implied warranties and make no representations in relation to the App. In considering whether the information and Content in the App is appropriate for your circumstances, you should consult a suitably qualified medical practitioner.
12.5 You acknowledge that the travel alert warnings on the App and information sent to you by other notifications while using the App Services are intended as general guidelines only and we do not guarantee the accuracy of the information, the ratings or risk levels. Any advice given to you as part of the personalized chat function is based on the information that you provide our affiliated companies. We cannot guarantee the accuracy of such advice or whether it is suitable in the particular circumstances.
12.6 Your use of theApp is at your own risk and we exclude all liability for any injury, damage or loss you suffer or incur as a result of you downloading and using the App and the App Services.
12.7 To the extent that we are not able to exclude liability as set out in clause 12.5, we are not liable to you for any indirect, special, consequential, incidental or punitive damages, damages for economic loss, loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of data, whether in action in contract, tort (including without limitation, negligence), equity, under statute, or for any other cause of action, whether or not such loss or damage was foreseeable and if advised of the possibility of the loss or damage.
12.8 Clauses 12.1 to clauses 12.7 are subject to any rights you may have under the competition and consumer rights legislation applicable to the jurisdiction in which you reside.
13.1 We may terminate this EULA and cease providing and operating the App or any of the App Services at any time without notice.
13.2 Upon termination for any reason, all rights granted to you under this EULA cease and, you must immediately uninstall the App from all Devices and certify, if we ask you, that you have completed such uninstallation.
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).
14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
(a)our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b)we will use our reasonable efforts to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
15.1 If you wish to contact us:
Freely Customer Service:
The Privacy Officer
c/o Cover-More Inc.
810 N. 96th Street, Suite 300
Omaha, NE 68114 Email: email@example.com
15.3 From time to time, updates to the App maybe made available via the App Store. For certain updates, you may not be able to access or use the App or the App Services until the latest version has been downloaded and installed, and you have accepted any new terms and conditions.