The application under the name “UbiCar” and its related services, products, websites, tools and applications (“App”) is owned by Ubi Technology Pty Ltd (ACN 632 125 967)(“Ubi Technology”). UbiCar Pty Ltd (ACN 622 103 422) (‘UbiCar”) and UbiCar Insurance Pty Ltd (ACN 601 223 858) (“UbiCar Insurance”) are licensed to use the App to deliver services to you. It applies to our applications under the name “UbiCar” and its related products, services, websites, applications and tools (together the “App”).

Before using the App, you must read these terms and conditions (“Terms and Conditions”) and all other policies we publish on the App. By using the App you agree to be automatically bound by these Terms and Conditions and our Privacy Policy. If you don’t agree to be bound by these Terms and Conditions, you must not use the App. These Terms and Conditions may be updated by us from time to time, and the updated Terms and Conditions will apply from the date they are published on the App.  Each time you use our App you should revisit these Terms and Conditions. These Terms and Conditions are effective as at 1 September 2019.

  1. Definitions & Interpretation
    • Definitions

In these Terms and Conditions unless inconsistent with the context or subject matter:

  • “Account” means a User’s account to use our Services;
  • “Applicable Laws” means any applicable laws (including orders, by-laws and regulations) in the jurisdiction in which you are located including but not limited to road rules and traffic rules;
  • “Content” includes any material, text, pictures, sound, graphics, video and other data whether in written form or otherwise;
  • “Data” means the data recorded in the App and includes collected data such as vehicle location (GPS), accelerometer data (accelerations), gyroscope data (rotational movements), phone sensors, phone state, time, application power, and any other data that is derived from collected data;
  • “Intellectual Property” means all intellectual property rights, including without limitation inventions, patents, copyright, trademarks, know-how, processes, concepts, including our Content, the App and any other platform developed by Ubi Group and the source code for those systems and any application or right to apply for registration of any of these rights throughout the world whether registered or unregistered and whether developed before or after the date of these Terms and Conditions;
  • “Loss” means any loss, liability, cost (including legal costs on a solicitor and own client basis), charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence);
  • “our”, “us” and “we” means Ubi Group; 
  • “Privacy Policy” means the terms of the Ubi Group Privacy Policy published on the App as amended from time to time;
  • related bodies corporate has the same meaning given to that term in the Corporations Act 2001;
  • “Services” means any services we provide to you, including the App and services provided through the App;
  • “Ubi Group” means Ubi Technology, UbiCar and UbiCar Insurance and their related bodies corporate;
  • “User” means any person who uses the App;
  • “you” and “your” means a User.
  • Interpretation

In these Terms and Conditions, unless inconsistent with the context or subject matter:

  • a reference to a person includes any other legal entity and vice versa;
  • words importing the singular number include the plural number and vice versa;
  • a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
  • headings are for reference purposes only;
  • where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
  • references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;
  • an obligation of two or more parties binds them jointly and each of them severally.
  1. Your Account
    • Our Services are available only to, and may only be used by, persons who can form legally binding contracts in Australia.
    • To access and use the App, you may need to register with us and set up an Account with your email address and a registration token, password or similar. You are solely responsible for maintaining the confidentiality of your login information and you are liable for all activities that happen under your Account, even if you do not authorise such activities.
    • If we enable you to connect to the App with a third-party service (e.g. Facebook or Google+), you hereby grant us permission to access, store, and use your Information from that service as permitted by that service and as may be described in our Privacy Policy. Immediately contact us if you believe your Account has been compromised or misused in any way.
  2. Using Ubicar
    • The App and any UbiCar device you install (the “device”) collects Data on your driving behaviour for each trip and uses that Data to calculate a driving score and provide feedback on your driving which will displayed in your Account. The App aims to provide you with feedback of your driving and may provide rewards and benefits to safe drivers.
    • The App and device will collect Data for each trip and when location services are enabled for the App the Data will be collected and submitted to Ubi Group.
    • The App will automatically identify your driving as either a driving trip or a non-driving trip and record it to your Account. In the event that you wish to change a driving trip to a non-driving trip, you can only do this within 30 days of the date of your trip.
    • The App will send the Data through cellular networks.
    • Your Account will provide you with driving scores and feedback on trips calculated through the Data recorded within the App. Your driving scores and feedback are based on driving behaviours, speed, distance travelled and phone motion while driving.
    • As a condition of your use of this App, you warrant that you will not use this App for any purpose other than the purpose it was created for, or for any purpose that is unlawful or prohibited by these Terms and Conditions.
    • You may not use this App in any manner which could damage, disable, overburden, or impair the App or interfere with any other party’s use and enjoyment of this App.
    • Your use of the App and our Services, and your information, must not:
      • be false, inaccurate or misleading;
      • be fraudulent or deceptive;
      • infringe any third party’s rights or violate any Applicable Laws;
      • contain any viruses or similar which could affect the integrity, operation or security of this App;
      • create liability for us or cause us to lose (in whole or in part) the services or custom of our internet service provider, other Users or other suppliers;
      • damage the credibility or integrity of the App or Ubi Group, or dilute, tarnish, or otherwise harm our brand in any way;
      • breach or violate any of our policies;
      • link directly or indirectly to or include anything that:
        • you do not have a right to link to or include, or
        • could cause us to violate any Applicable Laws;
      • copy, store or otherwise access or use any information contained on the App for purposes not expressly permitted by these Terms and Conditions;
      • use the App for any purposes that are not permitted by these Terms and Conditions or in any way that is inconsistent with the purpose of the App, or in a manner that falsely implies Ubi Group endorsement, partnership or otherwise misleads others as to your affiliation with Ubi Group;
      • use our App in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
  1. Data collection
    • In connection with the provision of Services, we will, subject to compliance with Applicable Laws, collect, consolidate and analyse the Data collected on trips.
    • In using the App you acknowledge and agree that you:
      • give consent to the recording of Data, including but not limited to how and where you are driving, the date, time, latitude, longitude, altitude, speed, traffic conditions, and mobile phone status for the purposes described in these Terms and Conditions;
      • understand that the Data may be used to determine pricing algorithms and premiums for insurance and we may offer insurance products to you; and
      • are aware that it is possible for us to track your location, the speed at which you are travelling, how your phone is being used and voluntarily consent to this.
    • By using the App, you grant us a non-exclusive, perpetual license to use your non-personally identifiable Data in aggregated and blinded formats that do not identify, reference or imply an association with you, only for the purposes of display on your Account, improving our Services, research and marketing analysis, surveys, reports and studies.
  2. User Obligations
    • In using the App you acknowledge and agree that:
      • you have a compatible smartphone as listed from time to time in the App;
      • you have and will maintain a network data plan at all times;
      • you are solely responsible to ensure that the App is updated and running before and during each trip;
      • you are solely responsible to ensure that the App it is able to connect to the servers;
      • you must have location services (GPS) on at all times;
      • any feedback or information given by us in your Account for your trips are not to be relied on for any reason whatsoever; and
      • you are solely responsible for any data charges and expenses associated with the use of the App.
    • By using the App, you warrant that you have complied with any Applicable Laws.
    • In the event that you wish to transfer your Account to another smartphone you must follow the procedure on the App.
  3. Access and Termination
    • You may terminate access to the App at any time by uninstalling the App.
    • We reserve the right, in our sole discretion, to terminate your access to this App or any part of it at any time, without notice.
    • We reserve the right to withdraw, or amend, update or change the functionality or content of the App at any time, without notice. We will not be liable if for any reason the App is unavailable at any time or for any period of time or if at any time any functionality of the App is restricted.
  1. Intellectual Property Rights
    • Our Intellectual Property is protected by copyright and other proprietary rights and remains the property of Ubi Group at all times.
    • Subject to your compliance with these Terms and Conditions, we grant you a limited, revocable, non-exclusive, non-transferable license to download and install a copy of the App on each mobile device that you own or control and run such copy of the App solely for your own personal use and as permitted by these Terms and Conditions and usage rules as set forth in the Apple App Store Terms and Conditions or the Google Play Terms of Service, whichever is applicable.
    • You agree that:
      • you will not copy, reproduce, reverse engineer, decompile, translate, alter, modify, create derivative works or otherwise attempt to derive the source code of the App, publicly display (other than on the App) any Ubi Group Intellectual Property except with the prior written permission of Ubi Group or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our App;
      • Ubi Group owns all Intellectual Property of the App and no right, title or interest in any of the Intellectual Property is transferred or granted to you, except so far as expressly stated in these Terms and Conditions;
      • Ubi Group is not liable or responsible for any Loss that you may experience in submitting information to Ubi Group or for Ubi Group’s use of your information in accordance with the licence granted.
  1. Privacy
    • Any personal information you provide via your use of the App is handled in accordance with our Privacy Policy.
  1. Disclaimer
    • You acknowledge and agree that your use of this App is at your own risk. We provide our Services on an “as-is” basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained in this App for any purpose, to the maximum extent permitted by applicable law, anything contained in this App is without warranty of any kind. Whilst we use our best endeavours to ensure any information we provide to you is correct, we do not warrant that any information shown in your account, such as your driving score, is in fact correct. We do not warrant that the functionality or operation of the App will be uninterrupted or free from error, that any defects in the App will be corrected, or that the App or the servers that make it available are free of viruses or other harmful conditions or components.
    • Ubi Group reserves the right, in its sole discretion to modify or terminate the App at any time, without notice.
    • Ubi Group does not take any steps to confirm the accuracy of Data.
    • This disclaimer applies to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms and Conditions or your use of this App.
  1. Insurance
    • Ubi Group provides mobile telematics, IoT, mobile sensing and machine learning that can improve driving behaviour by reducing phone distraction, hard braking, at-risk speeding and other adverse driving behaviours that lead to unsafe roads. UbiCar Insurance utilises the App to collect telematics data and determine insurance premiums and offers insurance through the App. When you are offered insurance or receive financial services or financial products through the App you are dealing with UbiCar Insurance that holds an Australian Financial Services licence (AFSL 469073).
    • When you arrange insurance through the App UbiCar Insurance services are governed by UbiCar Insurance’s Financial Services Guide published on this Website and any Product Disclosure Statement supplied for that financial product.
    • When UbiCar Insurance arranges general insurance products it charges a premium, on behalf of the insurers that issue the insurance (“Underwriters”), based on an assessment of your risk profile. The total cost of insurance is made up of your premium, plus any applicable government taxes and charges such as applicable emergency services levies, stamp duty depending upon location, GST and any fees of UbiCar Insurance (“Fees”). UbiCar Insurance will collect the premium from you and remit it to the Underwriters.
    • The insurance that UbiCar Insurance arranges is issued by RAC Insurance Pty Limited (ABN 59 094 685 882) an authorised general insurance company specialising in general insurance products with an Australian Financial Services licence (AFSL 231222). The insurance is arranged pursuant to a binder agreement between RAC Insurance Pty Limited and UbiCar Insurance. Liability within the terms and conditions of any policy of insurance issued by UbiCar Insurance remains at all times with RAC Insurance Pty Limited. UbiCar Insurance does not act on your behalf when it issues, renews, cancels or varies an insurance product issued for RAC Insurance Pty Ltd.
    • UbiCar Insurance may make a general recommendation or give an opinion to you about a general insurance product. When it does it will do this without reference to your specific individual financial needs, circumstances or objectives. This is general advice only. When providing general advice, UbiCar Insurance is not acting on your behalf. You must consider the appropriateness of any specific information UbiCar Insurance gives to you. You should have regard to your specific individual financial needs, circumstances or objectives. When UbiCar Insurance provides you with general product advice it is responsible under its own AFSL for that service.
    • UbiCar Insurance receives a commission for issuing business on behalf of the Underwriters. Any commission is calculated as a percentage of the base premium, excluding statutory and government charges and is paid by the Underwriters. UbiCar Insurance also receives all Fees.
  1. Limitation of Liability
    • To the extent permitted by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the App or its use or the Services including, but not limited to, loss or damage you might suffer as a result of:
      • errors, mistakes or inaccuracies on the App;
      • you acting, or failing to act, on any information contained on or referred to on the App and/or any linked website;
      • personal injury or property damage of any kind resulting from your access to or use of the App;
      • any unauthorised access to or use of the App servers;
      • any interruption or cessation of transmission to or from the App;
      • any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the App by any third party; and/or
      • the quality or fitness for any purpose of any linked sites.
    • To the extent permitted by law you hereby release us and our officers, directors, agents, related entities, related bodies corporate, employees and contractors) from all Loss suffered by you or any other person relating to or arising out of the provision of the Services or these Terms and Conditions.
    • Except as expressly provided in these terms, and to the fullest extent allowed by the law, we will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the App.
    • This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).
    • This clause 11 shall survive any termination or expiration of these Terms and Conditions.
  1. Indemnity
    • You agree to indemnify and hold us and our related entities, related bodies corporate, officers, directors, agents, and employees, harmless from and against any actions, claims, demands, proceedings, Losses of every kind and nature, known and unknown (including legal costs on a solicitor own client basis) made or brought by you or on behalf of you or by any third party against us in connection with or arising out of your breach of these Terms and Conditions, or your violation of any law or the rights of a third party, or otherwise arising directly or indirectly from your use of the Services except to the extent caused by our acts or omissions.
  1. Security
    • We take all reasonable steps, however we do not guarantee the security of the App, our records, or your information. We disclaim all liability for any computer virus or technological problems that are beyond our control.
    • Continuous accessibility to the App is dependent upon third party services and as a result, the App may be inaccessible from time to time.
  1. Competitors
    • If you are in the business of providing similar Services then you are a competitor of Ubi Group. Competitors are not permitted to use or access the App. If you breach this provision, we will hold you fully responsible for any Loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
  1. Miscellaneous
    • Accessing information from the App is done so at your own risk and you will be responsible for compliance with the laws within your jurisdiction.
    • These Terms and Conditions are governed by the laws of New South Wales, and the parties submit to the jurisdiction of the Courts of New South Wales and relevant federal/Commonwealth courts competent to hear appears from them.
    • These Terms and Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
    • If a clause of these Terms and Conditions are void or unenforceable it must be severed from these Terms and Conditions and the clauses that are not void or unenforceable shall be unaffected by the severance.
    • You agree that these Terms and Conditions and all incorporated agreements may be assigned by Ubi Group in its sole discretion without notice. You may not assign these Terms and Conditions without obtaining Ubi Group’s prior written consent.
    • Our failure to enforce a provision of these Terms and Conditions or act with respect to a breach by you or others does not constitute a waiver of that provision or breach or a waiver of our right to act with respect to that breach or subsequent or similar breaches. The waiver of any such provision or breach will be effective only if in writing and signed by a duly authorized representative of Ubi Group.
    • You agree that these Terms and Conditions may not be construed adversely against us solely because we prepared them.
    • These Terms and Conditions and our policies comprise the entire understanding and agreement between you and us with respect to the subject matter hereof.
    • Nothing in these Terms and Conditions or your use of the App establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between Ubi Group and Users.

Version
These Terms and Conditions were last updated on 1 September 2019.