WHO WE ARE AND WHAT THIS AGREEMENT DOES
We Hastings Insurance Services Limited of Conquest House, Collington Avenue, Bexhill-on-Sea, East Sussex TN39 3LW grant you a non-exclusive revocable license for you to use:
a.) Hastings Direct mobile application software (App) and any updates or supplements to it.
b.) The service you connect to via the App and the content we provide to you through it (Service) as permitted in these terms.
- Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in Privacy notice and it is important that you read that information.
- Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
ADDITIONAL TERMS FOR SPECIFIC SERVICES
- APPLE APP STORE OR GOOGLE PLAY STORE'S TERMS ALSO APPLY
OPERATING SYSTEM REQUIREMENTS
This App requires a mobile smartphone with a minimum of 150mb of memory and at least iOS version 12 or Android version 5.0 (Operating System) ("Device").
SUPPORT FOR THE APP AND HOW YOU WILL BE CONTACTED
- If you want to learn more about the App or have any problems using the App please take a look at the 'Contact us' page on the App.
- If we have to contact you about your Policy which includes service announcements we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us. We may also use push notifications through the App to communicate certain information to you.
- If you've opted in to be contacted for the purposes of marketing about our products and services we will do so by email, by SMS or by pre-paid post, using the contact details you have provided. We may also use push notifications through the App to communicate certain information to you.
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
- In return for your agreeing to comply with these terms you may:
- download a copy of the App onto your Device and view, use and display the App and the Service on such devices for your personal purposes only;
- receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
- In return for your agreeing to comply with these terms you may:
YOU MUST BE 16 TO ACCEPT THESE TERMS AND INSTALL THE APP
You must be 16 or over to accept these terms and install the App.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Service as set out. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any Device on which the App is installed, you must remove the App from it.
- You must take all reasonable precautions to keep safe and prevent fraudulent use of your Device and security information.
- These precautions include:
- never writing down or otherwise recording your security details in a way that can be understood by someone else;
- not choosing security details that may be easy to guess;
- taking care to ensure that no one hears or sees your security details when you use it;
- keeping your security details unique to MyAccount and the App;
- if you choose to activate fingerprint or facial recognition sign-on to log onto the App, ensuring that yours is the only fingerprint or face registered on the device on which you install the App;
- not disclosing your security details to anyone, including us. After initial registration we will never contact you (or ask anyone to do so on our behalf) with a request to disclose your security details in full. If you receive any such request from anyone (even if they are using our name and logo and appear to be genuine) then it is likely to be fraudulent and you must not supply your security details to them in any circumstances;
- changing your security details immediately if you know, or even suspect, that someone else knows your security details, or if we ask you to;
- keeping your security details and Device safe;
- complying with all reasonable instructions we issue regarding keeping your security details safe;
- not leaving your Device unattended or letting anyone else use your Device once you have logged on to the App. You are responsible for making sure information shown or stored on your Device is kept secure;
- following all security measures provided to you by the manufacturer of your Device operating system that apply to your use of the App or your Device (although you should never disclose your security details to them or information about your accounts with us);
- undertaking reasonable and adequate precautions to scan for mobile viruses or other destructive properties;
- not using the App on any device or operating system that has been modified outside the Device or operating system vendor supported or warranted configurations. This includes devices that have been "jail-broken" or "rooted". A jail broken or rooted device means one that has been freed from the limitations imposed on it by your Device service provider and the phone manufacturer without their approval;
- You must notify us promptly of any unauthorised access to the App.
- You are responsible for all instructions given by you or anyone acting with your authority between when you log on to the App until you log off the App.
- You may be responsible for unauthorised payments made from your accounts if you have not kept your Device, telephone and your security details safe, or if yours is not the only fingerprint or face registered on the device and you have activated fingerprint or facial recognition sign-on.
- You are responsible for all losses arising from unauthorised transactions as a result of;
- You acting fraudulently, or
- You intentionally or with gross negligence failing to use the App in accordance with these App terms and conditions (including keeping safe your security details).
- You are responsible for any charges that your Device network operator may charge you to access the App and these charges may vary if you access the App when abroad. You are also responsible for any charges that your Device network operator may charge you for calls made via the app as per the call charges contract you have with them.
- You are responsible for removing the App from any Device that it has been installed on once your Policy has ended. You must confirm your compliance with this requirement upon request.
CHANGES TO THESE TERMS
- We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
- We will notify you of a change when you next start the App.
- If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
- From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
- If you do not install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
- The App will always work with the current or previous version of the Operating System (as it may be updated from time to time) and match the description of it provided to you when you first installed it.
- If you do not install such updates and/or your Device, operating system version is older than our minimum Operating System requirements, you will not receive technical support on any queries you raise with us.
SUSPENSION OF THE APP
- We can, at any time, suspend your use of the App.
- We may suspend your use of the App if we think it is reasonably necessary because:
- we have concerns about the security of the App; or
- we suspect that your App has been used fraudulently or in an unauthorised way; or
- there are specific UK or European legal obligations we have to meet.
- We will usually give you advance notice of any suspension and tell you why. However, we will not do so if this would compromise our reasonable security measures or it is unlawful to do this. Occasionally we may not be able to contact you to give you advance notice.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
TERMS SPECIFICALLY APPLICABLE TO HASTING DIRECT, HASTINGS ESSENTIALS AND HASTINGS PREMIER POLICIES ONLY;
- The App will make use of location data sent from your devices. You will be asked to give permission to turn on this functionality. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you turn on the location data functionality, you consent to us and our affiliates' and licensees' processing and use of your location data to provide and improve location-based products and services.
- The App and the Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
TERMS SPECIFCALLY APPLICABLE TO HASTINGS DIRECT YOUDRIVE POLICIES ONLY;
- Meaning of words:
- YouDrive Tab (or Tab) is the small wireless device you fit to your Car as part of your Hastings Direct YouDrive Policy.
- Driving Data is the information that is collected from the App and YouDrive Tab.
- Driving Style is the way you drive.
- Driving Score is the rating we create based on your Driving Data visible to you in the App.
- The Hastings Direct YouDrive Policy is aimed at customers who wish to share their Driving Data with Hastings Direct to gain visibility of their Driving Style. You'll find your Driving Data in the "Your Driving" section of the App. Please refer to the Frequent Asked Questions section available for a detailed description of the App features. For more detail on what sorts of information we capture and how it is used please refer to our Privacy Notice.
- The Hastings Direct YouDrive Policy require that:
- you must accept these App terms and install the App on to a Device within 20 days of taking out a Hastings Direct YouDrive Policy, failing which we may cancel your Hastings Direct YouDrive Policy (See Cancellations in the Hastings Direct YouDrive Policy); and
- you give us permission to use location services, Bluetooth and motion sensors (where applicable) as these are necessary for the Hastings Direct YouDrive Policy. You must allow the App to use these services and ensure they are turned on when you drive. For more information see the Hastings Direct YouDrive Policy.
- you should ensure that the battery of your Device is sufficiently charged and you always have access to mobile data to enable your driving data to be recorded and shared via the App. You can set the App to "upload trip data using Wi-Fi only", which can be found in the settings section of the App. This will reduce the amount of data the app uses from your own mobile data allowance. This feature will only stop your trip data from being uploaded via mobile data. We cannot be held responsible for any charges relating to data use.
- Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
- You understand that your safety and the safety of others through the safe control of your vehicle is of paramount importance and you will make sure that your Device is safely secured in your vehicle in a way which does not interfere with your ability to drive safely and legally; and you will only interact with the App once you have completed you're driving. Interaction for starting and stopping your journey is not required and will happen automatically (see Hastings Direct YouDrive FAQs for more details). The above is not meant to serve as a comprehensive set of instructions and you must exercise prudence as is expected from any diligent driver from your own safety and that of other co-passengers or other persons or drivers with whom you share the road.
- Meaning of words:
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
- The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
- You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
- You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
- You agree that you will:
ACCEPTABLE USE RESTRICTIONS
- You must:
- not use the App or any Service 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, such as viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not 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.
- You must:
INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.
- You must not remove or tamper with any copyright notice attached to or contained within the App.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
- When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
- Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the relevant Hastings Direct insurance appstore page and the Hastings Direct YouDrive Policy) meet your requirements.
- We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
- We may end your rights to use the App and Service at any time by contacting you if you have broken these terms or the Policy terms. If what you have done can be put right we will give you a reasonable opportunity to do so.
- If we end your rights to use the App and Service:
- You must stop all activities authorised by these terms, including your use of the App and any Services.
- You must delete or remove the App from all Devices in your possession.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU MAY NOT TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may not transfer your rights or your obligations under these terms to another person.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint in writing to the Financial Ombudsman Service (FOS), Exchange Tower, London E14 9SR. The FOS will not charge you for making a complaint and if you are not satisfied with the outcome you may still be able to bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.