(Last Updated: 9 January 2014) These terms and conditions of use (“Terms”) apply to this mobile application (“App”).
We, AIG Insurance New Zealand Limited (Company Number 3195589) a licensed insurer regulated by the Reserve Bank of New Zealand and whose registered address is The AIG Building, Level 19, 41 Shortland Street, Auckland, (“we”, “us” and “our”), licence use of the App to you on the basis of these Terms and subject to the rules (“App Store Rules”) applied by the application store relevant to your Device, such as the Apple Inc. App Store on Apple iTunes® (“App Store”). We do not sell the App to you. We remain the owners of the App at all times.
Please read these Terms carefully before downloading, accessing or using the App. By downloading, accessing, browsing or using the App, you agree to these Terms which will bind you legally. If you do not agree to these Terms, we will not licence the App to you.
In order to use the App, you must have a compatible device. Any compatible device to which you download the App will be known as a “Device” for the purposes of these Terms.
Subject to these Terms, the App and any services accessible via the App (“Services”) are intended for (and your licence herein is limited to) use by Travel Guard policyholders to access policy details and obtain insurance assistance. The App and
Services are not intended to be used by any other user or for any other purpose.
You should print a copy of these Terms for future reference.
1.1 These Terms apply to the App, and any Services, including any updates or supplements to the App, unless they come with separate terms, in which case those terms shall apply to such updates or supplements.
1.2 We may make commercially reasonable changes to these Terms (in whole or in part) at any time. We will notify you of any such changes by any reasonable means, including by posting on our website at www.aig.co.nz/travelguardassistance
and/or making the revised Terms available through the App. The new terms may be displayed on-screen and you may be required to accept them to continue your use of the Services. Your access to or use of the App after such revised Terms are made available will signify your acceptance of such revised Terms and your agreement to be bound by them. In any event, any revisions to these Terms shall not apply to any dispute between you and us that arises prior to the date on which we made available the revised Terms containing such revisions.
1.3 From time to time, updates to the App may be made available through the App Store. Depending on the update, you may not be able to use the App or any Services until you have installed the latest version of the App. Your access to or use of the updated App will signify your acceptance of any revised Terms relating to the updated App that are notified to you in accordance with section 1.2 above.
1.4 You confirm that you either own the applicable Device or you have obtained permission to install and use the App and the Services on such Device from the owner of such Device. You accept responsibility for any use of the App on or in relation to such Device, whether or not such Device is owned by you or such use was made by you.
1.5 You confirm that you are of legal age to form a binding contract and hereby agree to be bound by these Terms.
2.2 By using the App and any Services, you consent to us collecting and using technical information about a Device (and any related software, hardware and peripherals for services that are internet-based or wireless) to improve our products and to provide services to you.
3. Third Party Content
4.2 You may download a copy of the App on to a Device and view, use and display the App on the Device for your personal purposes only.
5. Licence Restrictions
Except as expressly permitted by us, set out in these Terms or otherwise permitted by applicable law, you agree:
(a) not to copy the App except where such copying is incidental to the normal use of the App for its intended purposes, or where it is necessary for the purpose of back-up or operational security;
(b) not to copy, reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the App, including without limitation for public or commercial purposes, including any text, images, audio and video;
(c) not to rent, lease, sub-license, loan, distribute, time-share, translate, merge, adapt, vary or modify the App;
(d) 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;
(e) 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 such activities are permitted under applicable law;
(f) not to sell, resell, link to, exploit, provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us;
(g) not to remove any copyright, trademark or other proprietary rights notices from the App, and to include our copyright notice on any copies you make of the App on any medium;
(h) that you have all rights necessary in relation to any information, content or materials such as text, graphics, images, photographs or other materials that you submit, post or transmit using the App or any Services (“Information”) and that all such Information complies with all applicable laws and regulations;
(i) that all Information is true, accurate and complete and that you will maintain and update such Information as needed to ensure that such Information remains true, accurate and complete;
(j) that you are responsible for obtaining and have obtained any and all necessary authorisations, consents and permissions, including from any third party, to the extent that you submit, post, transmit or otherwise process personal data using the App;
(k) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App; and
(l) represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.
(together, the “Licence Restrictions”).
6. Acceptable Use Restrictions
(a) not to use the App or any Device in connection with the App 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, including viruses, or harmful data, into the App, any Service or any operating system;
(b) not to use the App to record, post or transmit any Information that is protected by copyright, trade mark, confidentiality or any other proprietary right without the consent of the owner;
(c) not to use the App to record, post or transmit any Information that is defamatory, threatening, abusive, offensive, obscene, indecent, pornographic, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or is otherwise objectionable;
(d) not to use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit any other users from using the App (including by hacking or defacing the App); and
(e) not to 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, including, without limitation, by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather the App content or reproduce or circumvent the navigational structure or presentation of the App without our prior written consent.
7. User Names and Passwords
7.1 You may be required to register with us in order to access certain services (including any Services) or areas of the App. With respect to any such registration you may not use (and we may refuse to grant you) any user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of another person; that is offensive or that we reject for any other valid reason in our discretion. You are responsible for maintaining the confidentiality of any password you use to access the App and you agree not to transfer such passwords or user names or lend or otherwise transfer your use or access to the App to any third party. You agree to notify us of any unauthorised use of your passwords or user names or any other breach of security related to your account of which you become aware. You are fully responsible for all use of the App and any Services that occur in connection with your user name except to the extent that any unauthorised use is not caused by any breach of your obligations under these Terms.
8. Intellectual Property Rights
8.1 You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use each of them in accordance with these Terms.
8.2 All trademarks, service marks, trade names, logos, icons and images are proprietary to us or used with the permission of our third party licensors. Nothing contained in the App should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark displayed in the App without our written permission and/or the permission of our third party licensors. Your use of the trademarks displayed in the App, or any other content, except as provided herein, is strictly prohibited.
8.3 You acknowledge that you have no right to have access to the App in source code form.
9.1 The App are provided ‘as is’ and, to the extent permitted by applicable law, we, and our directors, officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Any reliance on or use of the App shall be at your sole risk. Subject to section 9.5, neither we nor any App Store shall have any obligation to furnish any maintenance and/or support services with respect to the App.
9.2 We attempt to ensure that information provided on or in connection with the App is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness, accuracy or currentness of such information, including all descriptions, images, references, features, content, specifications, products and prices of products and Services described or depicted on the App. Such information is also subject to change at any time without notice. The inclusion of any products or services on this App at a particular time does not imply or warrant that these products or services will be available at any time.
9.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.
9.4 We do not warrant that the functions contained in the App will be uninterrupted or error free, that defects will be corrected or that the App or its content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the App, or its content in terms of its correctness, accuracy, reliability or otherwise.
9.5 You (and not us) assume the entire cost of all necessary servicing, repair or correction in respect of your Device.
9.6 AIG is the marketing name for the worldwide property-casualty, life and retirement, and general insurance operations of American International Group, Inc. The information and descriptions contained herein are not necessarily intended to be complete descriptions of all applicable terms, exclusions and conditions in respect of the Services. Please refer to the actual policy or the relevant product or services agreement. For additional information, please visit our website at www.aig.com
. Products and services are written or provided by our affiliates. Not all products and services are available in every jurisdiction, and insurance coverage is governed by actual policy language. Certain products and services may be provided by independent third parties. Insurance products may be distributed through affiliated or unaffiliated entities.
9.7 We do not give any guarantee or warranty that the list of medical and other emergency providers delivered via the App is exhaustive, nor any guarantee or warranty regarding the quality of the services delivered by those providers. Please note that while the App is provided at no additional charge, you may be responsible for any medical or other charges for services obtained by you.
9.8 We are unable to provide any form of travel service arising directly or indirectly from travel in, to or through Afghanistan, Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, Sudan or Syria.
10.1 We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the App without notice for any reason without liability to you except where prohibited by applicable law.
10.2 In addition, you acknowledge that the App is provided over the Internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the App. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the App or any Services, and for paying any data charges including, but not limited to international roaming charges that may be charged to you by your network provider in connection with your use of the App. It is your responsibility to be aware of the details of your account with your network provider, including what will result in a fee being charged.
11. Limitation of Liability
11.1 To the extent permitted by applicable law, 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 except where prohibited by applicable law.
11.2 You acknowledge that we have no liability to you for any loss or damage howsoever arising from or relating to the use of the App regardless of the legal ground.
11.3 Nothing in these Terms shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by applicable law.
To the extent permitted by applicable law, you agree to compensate us for any claims, actions, demands, losses, liabilities, damages, costs and expenses (including legal expenses and other costs, such as attorneys’ fees) reasonably incurred by us that arise out of your use of the App or any Services in breach of these Terms. We reserve the right to assume the exclusive defence and control of any claim brought by a third party in connection with your use of the App and/or Services and you agree to assist and co-operate with us in relation to any such claim.
13.1 We may terminate your use of the App immediately in accordance with section 10.1 or by written notice to you in accordance with section 13.2 if we reasonably believe that you have breached these Terms.
13.2 On termination for any reason:
(a) all rights granted to you under these Terms shall cease;
(b) you must immediately cease all activities authorised by these Terms, including your use of the App and Services; and
(c) on our request, you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.
13.3 You acknowledge that, on termination, no fees paid by you for use of the App or any Services shall be refundable to you by us.
14. Communication Between Us
14.1 If you wish to contact us in writing, or if these Terms require you to give notice to us in writing, please contact us at firstname.lastname@example.org
15. App Store Terms and Conditions
15.1 In addition to your agreement with the foregoing Terms and notwithstanding anything to the contrary herein, you acknowledge and agree to the following provisions with respect to your use of the App:
(a) You acknowledge and agree that these Terms are between us and not with the App Store. The App Store does not own and is not responsible for the App or any Services. The App Store is not providing any warranty for the App or any Services.
(b) The App Store is not responsible for maintenance or other support services for the App or any Services and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App or any Services, including, without limitation, any third party product liability claims, claims that the App or any Services fail to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement.
(c) Any enquiries or complaints relating to the use of the App or any Services, including those pertaining to intellectual property rights, must be directed to us in accordance with section 14. The licence that you have been granted under these Terms is limited to a non-transferable license to use the App on a Device. In addition, you agree to comply with the terms of any third party agreement that is applicable to you when using the App, such as your wireless data service agreement.
(d) You acknowledge and agree that the App Store and its subsidiaries are third party beneficiaries of these Terms and that, upon your acceptance of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
16. Law and Jurisdiction
To the extent permitted by applicable law, these Terms, their subject matter and formation, are governed by English law and you consent to the non-exclusive jurisdiction of the English courts. We retain the right to bring proceedings against you for breach of these Terms in your country of residence or other relevant country.
17. Other Important Terms
17.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or your obligations under these Terms.
17.2 You may only transfer your rights or obligations under these Terms to another person if we agree in advance in writing.
17.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.4 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
17.5 These Terms constitute the entire agreement between us with respect to your use of the App. Such Terms supersede all prior understandings or agreements between us in relation to the App. In addition, in entering into these Terms you have not relied on and (in the absence of fraud) you shall have no right or remedy in respect of any statement, representation, assurance or warranty other than as set out in these Terms.
17.6 Except to the extent specified in section 15 or otherwise permitted by applicable law, a person who is not party to these Terms may not enforce these Terms.
17.7 No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.
17.8 All provisions of these Terms which by their nature should survive termination shall survive termination.