Terms of Use

Introduction

Naked Financial Technology (Pty) Limited, a company registered in South Africa with registration number 2016/427911/07 ("NFT", "We", "Us" and "Our") is an authorised financial services provider, performing "intermediary services" (as defined in the contained in the Financial Advisory and Intermediary Services Act, 2002) and authorised by the Hollard Insurance Company Limited ("Hollard") to sell and administer certain insurance products ("Naked Insurance").

These terms of service ("the Terms") govern your ("You", "Your" or "User") access to and use of the Naked Insurance mobile application ("the App"), the website available at www.naked.insure ("the Website") and the services associated with Naked Insurance that are provided by Us ("the Services") and are binding and enforceable against every person that accesses or uses the Website and/or App and/or the Services. By accessing the Website and/or App and/or the Services, You are explicitly acknowledging that You have read, understood and agree to be bound by these Terms.


Services

Quotations

You may request a quotation for Naked Insurance (a "Quotation") through the Website or App. Any quotation generated by NFT is based on the information that You provide to Us together with information We secure from other sources and is neither insurance advice nor a contract to extend insurance coverage. You hereby warrant and represent that the information You provide Us with is true, accurate, complete and up-do-date.

Naked Insurance

  1. A binding contract for Naked Insurance cover (the "Insurance Policy") will only be formed when You accept a Quotation and payment is processed, and will be governed by the terms and conditions of the Insurance Policy.

  2. The Insurance Policy is a legal contract, under which Hollard agrees to provide insurance cover, the terms and conditions of which are available in our insurance basics document, as updated from time to time.

  3. The Insurance Policy incorporates:

    • the information You provide to Us when obtaining a Quotation for Naked Insurance, as well as any updates that You make to this information via the App or through e-mail correspondence with Our helpdesk (help@naked.insure), but only if you receive confirmation of receipt and the change being applied, or through a call logged with Our telephonic helpdesk; and

    • the latest details of Your Naked Insurance cover as shown on the App.

  4. You must read the terms and conditions of the Insurance Policy carefully, as well as the latest details of Your Naked Insurance cover as set out on the App. It is Your responsibility to ensure that You understand the scope of Your Naked Insurance cover, as well as Your rights and obligations under the Insurance Policy. NFT is not a party to, and has no obligations or liability under, the Insurance Policy.

  5. If You do not comply with these Terms, the terms of the Insurance Policy, or if the information You have provided to Us is or becomes incorrect, incomplete or out of date, it may result in Your claim being rejected or repudiated, and/or the suspension or cancellation of Your Insurance Policy.

  6. To the extent that there is a conflict between these Terms and the Insurance Policy, the Insurance Policy shall prevail.

Your account

You must register for and maintain an active personal user account ("Account") in order to access the Services on the App, including:

  • receiving a Quotation and/or purchasing Naked Insurance cover;

  • viewing, updating or amending Your information;

  • viewing, updating or amending Your Naked Insurance cover; and/or

  • instituting a claim.

You must be at least 18 years of age to obtain an Account. Account registration requires You to submit to NFT certain personal information. Please see Our Privacy Policy, available at www.naked.insure/privacy-policy for additional information.

  • You agree to maintain accurate, complete, and up-to-date information in Your Account. Your failure to maintain accurate, complete, and up-to-date information, including having an invalid or expired payment method on file, may result in Your inability to access the Services and could affect Your Insurance Policy and any claims under it.

  • As part of the Services or as prescribed in Your Insurance Policy, You may be required to submit specific content to Us, including photographs, cinematograph film, or other media content ("User Content"). In submitting User Content to Us, You grant Us a license to use the User Content as required by Us to provide the Services.

  • You agree that we will store data relating to the details of how You used our App and/or Website, and data sourced from external parties, and that such data may be used by Us in the provision of the Services.

  • You are responsible for all activity that occurs under Your Account, and You agree to maintain the security and secrecy of Your Account username and password at all times. If you suspect or become aware that Your Account may be accessed without authorisation or a breach of security has occurred in relation to Your Account, You must notify Us by e-mail immediately by contacting help@naked.insure. If We believe that any unauthorised access to Your Account has taken or may take place, We may suspend or terminate Your access to Your Account immediately and without prior notice. You agree, however, that NFT is entitled to assume that any activity on Your account or changes to your Insurance Policy have been authorised by You.

The App

  1. You acknowledge that the App is Your primary interface with NFT in order to access:

    • Your Account;

    • The details of Your Naked Insurance cover; and

    • Our Services;

  2. You accordingly agree to download the App and any updates thereto and use the App as Your primary interface with NFT.

  3. In the event that the App is unavailable or You are unable to access the App for any reason, please contact Us on e-mail for support in respect of the above at help@naked.insure.

  4. Certain functions of the App will require an active Internet connection, whether via a wireless or mobile network. You acknowledge and agree that You are responsible for obtaining the data network access necessary to access and/or use the App and for all fees associated with such access and/or use.

  5. The App is currently available on Android and iOS. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the App and/or Services.

  6. NFT may wish to update the App from time to time and You agree to download any updates to the App that We make available to You.

  7. Although We will use all reasonable efforts to ensure that the App operates in accordance with its specifications, we do not warrant that the App, or any portion thereof, is compatible with, or will operate with your device or any software and/or hardware that you have on Your device. We make no warranty as to the operation, availability or functionality of the App. You acknowledge that access to the Services may also be subject to delays and malfunctions inherent in the use of the Internet and electronic communications.

  8. You acknowledge and agree that the binding version of Your cover under any Insurance Policy is as displayed on the App at that point in time.

  9. By using the App, You agree that all notification and records, including Your Insurance Policy, may be provided to You in electronic form.


License

  1. The Website and/or App and/or Services are made available solely for bona fide customers and must not be used for any commercial purpose whatsoever, or for any illegal or unauthorised purpose.

  2. Subject to these Terms and Our policies (including policies made available to you within the Services) We grant You a limited, non-transferable, non-exclusive and revocable license to access and use the Website and/or App and/or Services.

  3. By accessing the Website and/or App and/or Services, You agree that You will not (either yourself or through any third party):

    • use any technology, robot, spider, screen scraper, data aggregation tool or other automatic device or process ("Automated Process") to process, monitor, copy or extract any pages on the Website and/or App or any of the information, Content or data contained within or accessible through the Website and/or App, without Our prior written permission;

    • use any Automated Process to aggregate or combine information, Content or data contained within or accessible through the Website and/or App with information, content or data accessible via or sourced from any third party;

    • use any information on or accessed through the Website and/or App for any commercial purpose (including but not limited to market research, the provision of pricing estimates or "shadow shopping") or otherwise (either directly or indirectly) for profit or gain;

    • use any device, software, process or routine to interfere or attempt to interfere with the proper working of the Website and/or App or any transaction or process being conducted on or through it;

    • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website and/or App;

    • reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Services; and

    • copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from the Website and/or App without Our prior written permission.

  4. This license shall automatically and immediately, without notice, terminate if You violate any of the restrictions in section 3.3 above. You hereby defend, indemnify and hold harmless NFT, our affiliates and our and their respective owners, directors, offices, employees agents and/or licensors from and against all claims, damages, losses, liabilities, costs and expense (including but not limited to legal fees and any costs incurred in identifying a violation of these restrictions) relating or connected to your violation of any of these restrictions.


Ownership and copyright

  1. The contents of the Website and/or App, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website and/or App ("Content") are protected by law, including but not limited to copyright and trade mark law. The Content is the property of NFT and/or licensors.

  2. Nothing contained on this Website and/or App shall be read in a manner which allows users to acquire any right, title or interest in or to the Website and/or App, or the Content thereon.

  3. Any use, distribution or reproduction of the Content is prohibited unless expressly authorised in terms of these Terms, or otherwise provided for in law.

  4. Where any of the Content has been licensed to NFT or belongs to any third party, Your rights of use may be subject to additional terms and conditions which that licensor or third party imposes from time to time, and You agree to comply with such third party terms and conditions.


Cookies

The Website and App make use of Cookies in order to provide You with relevant content and the best experience possible whilst using the Website and/or App. At any stage during Your use of the Website and/or App You may choose to block the Cookies used by NFT, however this may impact your use or experience of the Website and/or App.


Linking to third party websites

The Website and/ or App may contain links or references to other websites ("Third Party Websites") which are outside of Our control, including those of advertisers and sponsors. These Terms do not apply to those Third Party Websites, and NFT is not responsible for Your use of or access to those Third Party Websites, or the practices and/or privacy policies of those Third Party Websites.

All use of Third Party Websites is entirely at Your own risk and We shall not be responsible for any loss, expense, claim or damages, whether direct, indirect or consequential, arising from Your use of such Third Party Websites or Your reliance on any information contained in or accessed through Third Party Websites.


Disclaimer

While We have taken reasonable measures to ensure that the Content is accurate, to the maximum extent permitted by law, the Website, App and Services are provided on an 'as is' basis and You expressly understand and agree that your use of the Website and/or App and/or Services is entirely at Your own risk.

To the maximum extent permitted by law, We disclaim all representations and warranties (whether express, implied, arising under statute or otherwise) including any warranties of merchantability and fitness for a particular purpose and non-infringement of title or any third party rights.


Limitation of liability

To the maximum extent permitted by law, We shall not be liable for any direct, indirect, incidental, special or consequential loss or damages (including, without limitation, damages for loss of data) which might arise from Your use of, or reliance upon, the Website and/or App and/or Services; or your inability to use the Website and/or App and/or Services, and/or unlawful activity on the Website and/or App and/or Services, or any linked Third Party Website.

You hereby indemnify Us against any loss, claim or damages which may be suffered by You or any third party arising in any way from Your use of, or reliance on, this Website and/or App and/or Services, or any linked third party website.


Availability and termination

We may, in Our sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website and/or App (in whole or in part) or Your right to access or use the Website and/or App, including for scheduled and unscheduled maintenance of the Website and/or App. The functionality of the Website and/or App and the availability of certain Services through the Website and/or App may be impacted by such suspension or termination. However, You may contact Us on e-mail at help@naked.insure for support.

The above mentioned termination or suspension will not impact the validity of Naked Insurance purchased by You prior to such termination or suspension of the Website and/or App, which shall continue to be governed by Your Insurance Policy and any other applicable terms and policies associated with such Naked Insurance.


Privacy

All personal information provided by You to NFT will be processed in accordance with Our privacy policy, available at help@naked.insure.


Governing law and jurisdiction

These Terms and the relationship between You and NFT and/or any dispute arising from or in connection with these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa and the exclusive jurisdiction of the courts of South Africa.

Nothing in this clause 10 or the Terms limit Your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.


Agreement with Hollard

By making payment and/or providing your payment details for future payment, You agree that Your Naked Insurance policy will start and the car will be covered for the cover set out in the policy summary on the Naked Insurance app. You also agree that:

  1. You have read and fully understand and accept the terms and conditions of the policy, which is available on the quotation provided and on the Naked Insurance app.

  2. You are buying this policy freely and voluntarily.

  3. You understand that insurance companies share insurance and claims information with other insurers, industry bodies and credit agencies to reduce fraud. You give Your permission to Hollard to process and share personal and claims information for this purpose. (Note that Hollard will always safeguard your information and treat it as confidential. Hollard will not share your contact information with any other party for marketing purposes.)

  4. You understand that Hollard is a member of the South African Credit and Risk Reporting Association (SACCRA). You give Your permission to Hollard to submit information about how You pay Your premiums to this Association every month.


Notices

NFT information:

  • Full name: Naked Financial Technology (Pty) Ltd.

  • Physical Address: The Pines, 9 Gordon Hill Road, Parktown, Johannesburg, 2193

  • Phone number: 0860 995 125

  • Email address: help@naked.insure

NFT may change the address set out above from time to time by updating these Terms.

All notices sent in terms of these Terms must be sent either by hand, courier or email for the attention of Naked Financial Technology: Key Individual and must be in English.


General

  1. These Terms apply to all Users, including Users who may be consumers for the purposes of the Consumer Protection Act, 68 of 2008 ("the CPA") and for the purposes of the Electronic Communications and Transactions Act, 25 of 2002 as they are amended from time to time.

  2. NFT reserves the right to amend, change or modify these Terms from time to time. Changes will be effective upon the posting of the modification to Our Website and/or App and Your continued use of the Website and/or App and/or Services will be considered acceptance of these changes.

  3. The headings of the clauses in these Terms are provided for convenience only and will not affect the meaning or interpretation of these Terms.

  4. NFT may cede, assign or otherwise transfer its rights and obligations in terms of these Terms to any third party. Affiliates [and partners] of NFT are intended, direct third party beneficiaries of these Terms, and may enforce them against You.

  5. If any term or condition contained herein is declared invalid, the remaining Terms will remain in full force and effect.

  6. NFT's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless expressly acknowledged and agreed to by NFT in writing.