This page, together with the disclaimers, push notifications or content in the AAMI SmartPlates™ app (the ‘App’) and any links referred to in this document explains the Terms and Conditions on which you may use the App, whether as a non-registered or registered user, and whether as a driver or supervisor or driving instructor.
Please read these carefully before you start to use the App. By using the App, you accept these Terms and Conditions and you agree to abide by them. If you do not agree to these Terms and Conditions, please do not use the App.
I acknowledge that use of the App may not create a Log Book in a form that is acceptable for regulators and may not be accepted in place of your Learner Log Book. It does, however, generate a driving summary that you can manually transcribe into your Learner Log Book.
1. About us and what the AAMI SmartPlates™ app records
1.1 In these Terms and Conditions “we”, “us” or “our” means AAI Limited ABN 48 005 297 807 trading as AAMI (“AAMI”).
1.2 When you use the App you should be aware that it will record information about how and where you are driving (including the direction you are heading), the date, time, latitude, longitude, altitude, speed, weather, traffic conditions and mobile phone status (including call status). You should understand by using the App it is possible for us to track your location, the speed at which you are travelling, and how your phone is used. By using the App you agree and accept that you have voluntarily chosen to share this information for our use.
1.3 You have the choice to:
• Not register to use the App; or
• Register your personal information on the App to use it.
1.4 What decision you will make will determine the extent to which we and others are able to identify you. How you choose to use the App will also determine whether or not we are collecting, using, holding and disclosing personal information and whether we are linking or able to link any personal information we currently hold on you or may collect from time to time, with the additional information we collect from the App.
1.5 You have the right to download the App and choose to decide to be identified. No matter what choice you make, we will still collect, use, hold and disclose a range of driving, location and mobile phone information derived from your mobile phone device and use of the App.
1.6 You are also responsible for ensuring that all persons, including any driver, supervisor or driving instructor, who use the App through your mobile device are aware of these Terms and Conditions and they comply with them. Where you decide to provide your log book to a State/Territory government authority, you are responsible for ensuring that any vehicle owner, driver, supervisor or driving instructor whose details or vehicle details are recorded in the app is aware of and agrees to these Terms and Conditions, including Condition 8. You are responsible for obtaining the consent of the relevant vehicle owner before you provide their vehicle registration details.
1.7 If you do not wish, or a person, including any driver, supervisor or driving instructors, who uses the App through your mobile device does not wish, for this type of information to be recorded either about your driving or a vehicle or your location or phone usage, please do not use the App.
2. Your use of the AAMI SmartPlates™ app
2.1 The licence granted to you for the App is limited to you alone and is a non-transferable licence to use the App on an Android or Apple iPhone device and as permitted by the Usage Rules set forth in the Google Play or Apple App Store Terms and Conditions (the “Usage Rules”).
2.2 You may use the App only for lawful purposes.
2.3 You may not use the App:
• In any way that breaches any applicable local, national or international law or regulation;
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• For the purpose of harming or attempting to harm minors in any way;
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 6 of these Terms and Conditions;
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2.4 You may not:
• Distribute or make the App available over a network where it could be used by multiple devices at the same time;
• Rent, lease, lend, sell, redistribute or sublicense the App;
• Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App) (“Prohibited Act”).
2.5 You also agree not to access without authority, interfere with, damage or disrupt:
• Any part of the App;
• Any equipment or network on which data collected via your use of the App is stored; or
• Any software used in the provision of the App.
2.6 You agree and acknowledge that any attempt to do any one or more of the Prohibited Acts is a violation of our rights or the rights of licensors.
3. Accessing and using the AAMI SmartPlates™ app
3.1 Access to the App is permitted on a temporary basis. We reserve the right to withdraw or amend, update or change the functionality or content of the App at any time and without notice. We may suspend access to the App or close it indefinitely. 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 or impaired.
3.2 If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person. We have the right to disable any user identification or password at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions. You must also let us know immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way.
3.3 As you use the App you may from time to time become eligible for special offers through the App. These special offers may depend on your usage of the App. Your eligibility for a special offer and/or the availability of a special offer, including by not limited to the amount or the type of offer, is subject to change and may be withdrawn by us at any time at our sole discretion and without notice.
4. Intellectual Property Rights
4.1 We are the owner of and/or the licensee of all intellectual property rights in the App, and in the material published on it, within Australia and New Zealand. These rights are protected by intellectual property laws and treaties around the world. All such rights are reserved.
4.2 Except where necessary for and incidental to viewing or using the App or as permitted under the Copyright Act 1968 or other applicable laws, no material in the App may be reproduced, stored (for any period of time) in an electronic or other retrieval system adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without our specific written consent.
4.3 AAMI and each of its subsidiaries and/or related bodies corporate separately reserve their copyright and all other legal rights with respect to their trademarks, whether registered or otherwise. “AAMI”, “AAMI Insurance”, “Lucky you’re with AAMI” and “AAMI SmartPlates” are each registered trademarks of AAMI.
4.4 Third party trademarks are trademarks of the respective third parties.
4.5 You must not use the App or any part of the materials on the App for commercial or other non-personal purposes without obtaining our specific written consent.
5. Reliance on Information
5.1 Any materials or information provided to you via your use of the App, including any information described as ‘tips’, are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any users of the App, or by anyone who may be informed of any of its contents.
6. Content Standards
6.1 These content standards apply to any and all material which you contribute to the App (“Contributions”) and to any interactive services associated with it.
6.2 Contributions must:
• be accurate (where they state facts);
• be genuinely held (where they state opinions);
• comply with applicable law in any country from which they are posted.
6.3. Contributions must not
• contain any material which is defamatory, obscene, offensive, hateful or inflammatory;
• promote violence or promote sexually explicit material or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trade mark of any other person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity or unlawful acts;
• be threatening, abusive, or harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case.
7. Our Liability
7.1 The material displayed on or made available to you via your use of the App is provided without any guarantees, conditions or warranties as to its accuracy.
7.2 Subject to any responsibilities implied by law and which cannot be excluded, we and our directors, employees, agents, contractors and related bodies corporate, are not liable to you or any user of the App for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any content, or to your or any user’s access (or lack of access) to the App or any associated websites with the App, by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
7.3 To the extent permitted by law, you agree to release, defend, indemnify, and hold AAMI and its related bodies harmless from any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
• Your access to or use of the App or your violation of the Terms and Conditions or any applicable law;
• Your Contributions; and
• Your use of third party websites.
8. Information about you and your use of the AAMI SmartPlates™ app
8.1 Any personal information you provide via your use of the App is handled in accordance with AAMI privacy practices. Please review AAMI Privacy Statement before deciding to download and register for the App.
8.2 You agree that we may collect and use technical data and related information, including but not limited to technical information about your smart phone device, system and application software, and peripherals, which is gathered periodically to facilitate the provision and updating of the App.
9. Links from the AAMI SmartPlates™ app
9.1 Where the App contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility or liability for them, their availability, accuracy, the related content, products or services, or for any loss or damage that may arise from your use of them. You understand and agree that AAMI is not a party to any agreement entered into between you and such third party providers, and that you are solely responsible for your use of any such websites.
10. Suspension and Termination
10.1 We will determine, in our sole discretion, whether there has been a breach of these Terms and Conditions through your use of the App. This may result in taking all or any of the following actions:
• immediate, temporary or permanent withdrawal of your right to use App;
• immediate, temporary or permanent removal of any posting or material uploaded by you to the App;
• issue of a warning to you;
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
11. Jurisdiction and Applicable Law
11.1 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of New South Wales, Australia.
12. Variations to Terms and Conditions
12.1 We may revise these Terms and Conditions at any time. You are expected to check this page from time to time to take notice of any revisions made. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere in the App. By continuing to use the App after revisions are made, you agree to be bound by the revised Terms and Conditions. If you do not agree to the new Terms and Conditions, you should stop using the App.
Where you have installed the App from the Apple App Store
Your use of any software or systems provided by Apple Incorporated (Apple Inc.) is subject to Apple Inc.’s relevant terms of service and privacy policies. This may include the collection and handling of any personal information you enter into this App for example when you back up your Apple device’s content using services offered by Apple Inc or its service providers.
You acknowledge and accept:
the licence granted to you to use the App is limited to a non-transferrable licence to use the App on any iPhone, iPad or iPod touch that you own or control and otherwise as permitted by the usage rules in Apple’s App Store’s terms of service;
Apple Inc. and its subsidiaries are third party beneficiaries under these Terms and Conditions and Apple Inc. and its subsidiaries have the right to enforce these Terms and Conditions against you;
use of the App indicates your acceptance that we and not Apple Inc. are solely responsible for the App and the services and content it provides;
in the event of any third party claim the App and/ or your possession and/or use of this App infringes that third party’s intellectual property rights, Apple Inc. is not responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim;
Apple Inc. has no warranty obligations with respect to the Application, except in the case of the App failing any applicable warranty and you notifying Apple Inc. of such failure. In which case Apple Inc. will refund the purchase price of the Application to you however, to the maximum extent permitted by law, that will be the extent of Apple Inc.’s warranty obligation to you;
we are solely responsible for providing any maintenance and support services with respect to the App and Apple Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the App; and
if any third party terms of agreement are required for use of the App then you must not be in violation of those terms when using the App.
You represent and warrant that:
you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country; and
you are not listed on any US Government list of prohibited or restricted parties.
13. How to Contact Us
13.1 For any and all questions, queries or complaints in relation to the Terms and Conditions or the App please contact us at firstname.lastname@example.org or call 13 22 44. In relation to any personal information questions, queries or complaints please refer to the contact details in the AAMI Privacy Statement.