FluxScore Terms and Conditions

V13

You must read, understand and accept these Terms and Conditions before proceeding.

You must make anyone who may drive the vehicle aware that the movements of the vehicle will be tracked and that any Data Subject Access Request (to which they must agree) may contain details of journeys undertaken in the vehicle at the time they were driving.

These Terms and Conditions are between you and us and they: govern your access to the services provided; set out the legally binding terms for your use of the services (noted below) and are separate but additional to both our standard Terms of Business and the Terms and Conditions of your motor insurance policy.

By accepting these Terms and Conditions, you are consenting to the use of the data collected by the Smartbox, as outlined in these Terms and Conditions.

Failing to comply with these conditions could lead to the invalidation of your motor insurance policy, or your policy being cancelled.


Definitions

Wherever the following words or phrases appear in bold, they will have the meanings described below.

You / your - The policyholder or user of the App as authorised by the policyholder.

We / us / our - Your Insurance Broker, either Adrian Flux Insurance Service or Herts Insurance Consultants Limited.

Service Provider - - iTelematiX Limited supply and monitor the Smartbox fitted in the vehicle and use the data to calculate your FluxScore and to monitor your compliance with the terms of this policy. iTelematiX Limited are located in the United Kingdom and registered with the Information Commissioner's Office (registration number ZA228939) as a Data Controller (as defined in the General Data Protection Regulation (GDPR)).

Vehicle - The vehicle described in the Policyholder's motor insurance policy.

Smartbox - The device that records your driving information.

Cradle - The cradle that the Smartbox sits in if purchased before 9/11/17. If your policy was purchased after this date you will not have a cradle.

App - The FluxScore mobile application that is published by and on behalf of us.

Data - The information recorded by The Smartbox.

Data Controller - Adrian Flux Insurance Services, Herts Insurance Consultants Limited and iTelematix Limited are the joint Data Controllers.

Score - (Also referred to as "your FluxScore" on the App). Every journey taken in the vehicle will be given a points-score depending on the driving behaviour.


Services

In consideration of you agreeing to abide by these terms, we grant you a non-transferable, non-exclusive licence to use the services. The services are made available for your own personal use and must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose.

In particular, but without limitation, you agree not to:

  1. use the services in any unlawful manner or for any unlawful purpose, or in a manner which promotes or encourages illegal activity including (without limitation) infringements of any road traffic laws or privacy regulations 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 services (including the App), the related services or any operating system;
  2. attempt to gain unauthorised access to the services or any networks, servers or computer systems connected to the services;
  3. modify, adapt, translate or reverse engineer any part of the services or reformat or frame any portion of the pages comprising the services, save to the extent expressly permitted by these terms or by law;
  4. copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security; or
  5. rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the services (including the App).
  6. use the App on a device running an operating system other than official standard releases of iOS 7.1.2 or Android V4.2 (Jelly Bean) or subsequent official standard releases.

The App provides you with the ability to review how we have assessed your previous day's driving behaviour, review the journeys you have made and provide you with a projected renewal premium.

This process involves collecting telemetry (GPS and accelerometer) data from the Smartbox and transmitting it via GPRS to our Service Provider who will process your personal information and securely transmit it to us over the internet.

The services offered by us includes the App (including any updates, new versions or new releases thereof) for mobile devices and the content (including the score) in connection with the App.


The Smartbox

  1. You are required to purchase: the Smartbox, its accessories, a data subscription and to fit the Smartbox to the windscreen of the vehicle. Full fitment instructions are provided with the Smartbox. You will have been advised of the cost of the Smartbox when you purchased your policy.
  2. Once the seal on the Smartbox packaging is open, the Smartbox, its accessories and the data subscription become your property and cannot be returned for a refund.
  3. If you have changed your mind about the motor insurance policy, you must return the Smartbox to us (within 14 days of the inception of your motor insurance policy) with the seal intact. We will retain £40 in addition to fees associated with administering your motor insurance policy, (as per Our standard Terms of Business) to cover costs associated with delivering and accepting the return of the Smartbox.
  4. If the Smartbox is returned due to the delivery not being accepted or rescheduled, a £40 charge will be payable to cover the cost of the attempted delivery. Rescheduling a delivery while the Smartbox is with the courier will not incur a charge.
  5. You must fit and activate the Smartbox within 14 days of the inception of your motor insurance policy. Your motor insurance policy will be cancelled on the 14th day if you fail to do this and there will be no cover in force thereafter.
  6. The Smartbox must remain fitted to the vehicle's windscreen, kept adequately charged and in full working order for the duration of your motor insurance policy. In the event you fail to adhere to this condition, we reserve the right to cancel your motor insurance policy.
  7. If, after receipt, the Smartbox or, if the Smartbox has a cradle, it's cradle is lost, destroyed, damaged or is in any way unfit for use, you are liable for the cost of the replacement. You must advise us as soon as any damage or loss occurs. (If, upon receipt, we determine the Smartbox has a manufacturing fault within the first 12 months, we will, at our expense, provide a replacement).
  8. If you change the vehicle, or the windscreen has to be replaced, and the Smartbox has a cradle you will need to purchase a new cradle. The Smartbox already in your possession must be transferred onto the new cradle. The cost of this is £30.00.
    If the Smartbox does not have a cradle a complete new Smartbox will be despatched to you and at the time of delivery an exchange of the Smartboxes must take place. The delivery driver will wait for 15 minutes and we require that the original Smartbox must be returned together with all accessories in the packaging your new Smartbox is delivered in, in order to prevent damage in transit. The exchange can take place on a Monday to Friday at a pre-agreed address but we are unable to specify a delivery/exchange time with the courier. The cost of this is £30.00.
  9. Alerts, such as a low battery alert, may be sent as text messages to your mobile phone, to this App and also via email regarding the status of the Smartbox. For this reason, you must ensure that we always hold your current mobile telephone number and email address.
  10. It is your responsibility to make sure your phone can receive these alerts and that you check your phone and App at least once per day.

For safety reasons, you must not read alerts while you are driving or otherwise using the vehicle.


Use of the communication system - Accidents and Incidents

  1. You must ensure that all accidents and incidents, whether your fault or otherwise, are reported as soon as it is safe to do so. You should use the Smartbox communication system to do this by pressing the red button (unless it is not safe to be in the vehicle). Please refer to your policy booklet for your insurer's terms and conditions.


FluxScore Premiums and App

Every journey made in the vehicle will be given a score. The impact this score will have on your renewal premium will be made available to you via the App.

The telematics data collected is used to calculate your Score and this is used in providing your indicative renewal premium.

The indicative renewal premium shown on your App is not guaranteed. Indicated renewal premiums are based upon:

  1. current market conditions (which are subject to change) and;
  2. any accidents or claims being settled 100% non-fault before the motor insurance policy renewal date and;
  3. You and / or anyone who is to drive, having not incurred any motoring conviction during the period of insurance.

Any motoring convictions you may receive can be incorporated into your indicative renewal premium if advised to us. Accidents or claims can be treated as fault incidents if you request for us to treat them as such. If you do not request we treat accidents as fault claims we will treat them as 100% non-fault, as detailed above.

The Smartbox will continue to monitor driving behaviours after we have informed you of the renewal premium. Your renewal premium is subject to acceptable driving behaviour until the date your renewal is due.

For safety reasons, you must not read alerts while you are driving or otherwise using the vehicle.


The data

  1. We use reasonable endeavours to ensure the data is accurate and to correct any errors or omissions as soon as possible after being notified of them. However, we do not guarantee that the data will be fault free and we do not accept any liability for any errors or omissions. The onus is on you as the user to provide evidence if you believe the basis of the data is incorrect.
  2. Due to the nature of technologies used to deliver the FluxScore Service including, without limitation: the Global Positioning System (GPS) satellite signals, wireless (GMS/GPRS) and landline communication networks, and the electronic transmission of data over the internet, any liability we may have for any losses or claims arising from an inability to access the FluxScore Service, or from any use of the FluxScore Service or reliance on the data transmitted using the App, is excluded to the fullest extent permissible by law.
  3. data gathered by the Smartbox will include: the time of day and date of travel; the vehicle's location; the distance travelled; speed throughout the vehicle's journey; braking frequency and force; how smoothly the vehicle accelerates and time and location spent stationary.
  4. data gathered by the Smartbox may be provided to and used by: us; our agents; your insurer
    and the Service Provider for the following purposes:
    1. To enable contact from us, by telephone, text message or email, with regards to policy administration, policy reminders and score related feedback, hints and tips;
    2. To review the information disclosed by you in relation to your motor insurance policy or any claim, and to identify inconsistencies to provide you with data via the App and the secure area of the web portal based upon the journeys undertaken;
    3. Processing your personal data for the purpose of providing you with your motor insurance policy and our associated services;
    4. To contribute towards the calculation and charging of insurance premiums by assessing driving behaviours and the vehicle usage together with your previous scores to help determine your future insurance premiums;
    5. To help us and your insurer handle any claim, and reduce fraud, by assisting with the identification, assessment or investigation of claims made and to provide clarification as to the circumstances of the claim;
    6. To monitor the vehicle's movements to determine the driver's behaviour and his / her compliance with the Applicable road traffic laws;
    7. Operational requirements, including the activation, disconnection, updating and testing of the Smartbox and any associated software (e.g. during installation or to perform maintenance checks);
    8. To carry out research and analysis to help; us and/or your insurer or telematics provider to understand driving behaviours which may be used to develop the underwriting of this product and to inform the development of similar products; or general research and analysis including mapping and refining techniques for analysing the data. (In such circumstances the data will be anonymised and will not identify you or any vehicle.
  5. As joint Data Controller we process your personal information in accordance with the GDPR. Where we appoint Service Providers to process your personal information, we shall ensure strict use limitations and security requirements are imposed upon them. We may use the data gathered by the Smartbox together with other data that we hold about you. These Terms and Conditions should be read alongside Our Terms and Conditions and your policy booklet.
  6. If fraud is suspected or we are requested to do so by a court order or by law, we will provide the data collected by the Smartbox to organisations other than our agents.
  7. We will only use the Smartbox data for the purposes set out in these terms and conditions in connection with the provision of the services.
  8. We reserve the right to use the data gathered by the Smartbox to enforce cancellation of your motor insurance policy if we determine that the vehicle has been driven otherwise than in accordance with applicable road traffic laws.
  9. Data may be collected after your motor insurance policy has been cancelled. Please note: If you wish to ensure collection of data stops upon cancellation of your motor insurance policy, you can simply remove the Smartbox from the vehicle.


Scoring and Warning System

  1. Alerts will be issued to you if the Smartbox records that the vehicle has been driven above the acceptable thresholds of the FluxScore system during the previous day.
  2. Alerts are set at three levels. The type of alert is dependent on the exact type of driving behaviour at the time. The alerts will be sent to You using email and push notifications via the App. and are as follows
    • Alert 1 - General warning notice issued to advise the vehicle has been recorded speeding above the thresholds of the FluxScore system.
    • Alert 2 -A '3 strike' warning notice may be issued when:
      • A more serious level of speeding (as defined within the FluxScore system) has been recorded, or
      • Unauthorised removal of the Smartbox from the vehicle has been detected, or
      • FluxScore system thresholds are recorded as breached every day for 5 consecutive days.
      • This level of alert will feature the text "You were speeding yesterday and have triggered one of your three strike warnings"
    • Alert 3 - The most serious level of speeding as defined within the FluxScore system. A suspension of the FluxScore system can be triggered by:
      • Excessive speed or continual breaches of the speed limit
      • 3 (three) alert 2 warnings issued within 30 consecutive days.

The 3 strike system resets after 30 days.

If an Alert 3 is issued, the scoring system will no longer be visible via the App and your motor insurance policy could be cancelled. You should call us immediately as it may be possible to rectify the situation.

Any challenge to any alerts issued need to be made direct to us within 3 days of the alert being issued. The onus is upon you, the user, to provide evidence if you believe the basis of the data is incorrect.


Content

The copyright in all material contained on, in, or available through the services including all information, data, text and graphics, the selection and arrangement thereof, and all source code, software compilations and other material is owned by, or licensed to, us or our group companies, affiliates, licensors and Service Providers. All rights are reserved. You can view, print or download extracts of the material for your own personal use, but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the material without express permission. This is without prejudice to your right to request your personal information pursuant to a subject access request under the GDPR.

The trademarks, service marks, names, images and logos contained on or in the services are owned by us or our group companies, affiliates, licensors and Service Providers. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the trademarks without our prior written consent.

iTelematix Disclaimer / Liability

Use of the services is at your own risk. The services are provided on an 'as is' basis. You acknowledge that the services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the services meet such requirements.

The service is supplied solely for your domestic and private use. You agree not to use the services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We accept no responsibility whatsoever for the quality of your driving behaviour or any score provided to you or any other party. You will not rely on the data for any insurance claim, legal action or civil dispute in which you may engage, nor by your acts or omissions cause a third party to rely on the same for any purposes.

Nothing in these terms shall be construed as excluding or limiting our or our group companies' liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded or limited by law.


Service duration, alteration and amendment

Subject to these terms, the App will remain active for as long as your motor insurance policy remains in force. The App will deactivate upon cancellation of your motor insurance policy or where we have suspended or ceased providing any of the services where we have the right to do so (see paragraph below). Failure to use the App may result in your motor insurance policy being cancelled.

We reserve the right to suspend or cease providing any of the services at any time, if, for example, we no longer provide the services or if you are in breach of these terms. We shall always provide 7 days' notice of the cessation of these services. We shall have no liability or responsibility to you in any manner whatsoever if we suspend or cease providing any of the services in accordance with these terms.


Legal jurisdiction

To the extent permissible by applicable laws, these terms shall be governed by, and construed in accordance with English law. By using our services, you submit to the exclusive jurisdiction of the English Courts to resolve any disputes that may arise out of them. Any provision of these terms declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect the other provisions remaining which shall continue unaffected.


Data charges

Your mobile network operator may apply network and roaming charges for data transfer when using our services. Please consult with your mobile network provider for the charges and fees that they may apply to you.

We accept no liability or responsibility for technical errors or communication failures in networks and/or internet access. We do not accept liability for any incurred data or subscription charges whilst using the App.


Changes to these Terms

We reserve the right to amend these Terms and Conditions at any time. Amendments will be made available to you with an update to the App. Please check these updates for any changes we make. Please note that if you continue to use the services following the issue of any such updates, this will be an indication of acceptance of the revised terms, and such revised terms shall be binding on you. If you have any questions in respect of revisions to these terms, please contact your broker.

For your own benefit and protection you should read these terms carefully before agreeing to them. If you do not understand any point, please ask for further information.

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