Drive Good by Gore Mutual
terms and conditions

Conditions of Use Agreement

This Conditions of Use Agreement (this “Agreement”) constitutes a legally binding contract between Gore Mutual Insurance Company (“Gore”, “We”, “Us”, or “Our”) and You with respect to Your use of the Drive Good by Gore Mutual Program (the “App” or the “Application”), and the content, information and services provided through the App (collectively, the “Services”). It is important that You carefully read and understand the terms and conditions of this Agreement.

“You” and “Your” refers to the end user of the App. Such end user is an individual driver of a vehicle who uses the App or any other part of the Services.

BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE APP, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL, COPY, DOWNLOAD, ACCESS OR OTHERWISE USE THE APP OR ITS CONTENTS.

1. ELIGIBILITY

In order to be eligible to participate in the Drive Good by Gore Mutual Program (the “Program”), You must be the primary driver listed on a valid telematics personal automobile insurance policy issued by Gore who:

  1. is a resident of Ontario;
  2. is at least 16 years of age;
  3. holds a valid driver’s licence;
  4. has downloaded and activated the App on Your smartphone;
  5. has verified Your email address and Canadian telephone number; and
  6. maintains a data plan with Your mobile service provider, allowing the App to transfer data to Us and to Our service providers.

Further, in order to participate in the Program, You must inform any other listed driver(s) on Your policy of automobile insurance with Gore. As the App will store certain data from all trips taken by You, as more fully detailed later in this Agreement, You must inform the driver of any other automobile in which You are a passenger. If You are in a vehicle with Your smartphone on and activated, the App will record the trip. Eventually, the App will become familiar with Your driving habits and will detect whether You were the driver on a given trip; however, You will always have the option to override such automatic detection by the App for a given trip as explained more fully in Section 4 below.

2. THE PROGRAM

Participation in the Program is entirely voluntary. In order to participate, You must install the App upon receipt of an invitation from Gore to do so. The App will use Your smartphone to continuously collect data about Your driving behaviour. Your smartphone must be compatible with the App and must maintain a data or Wi-Fi connection for the duration of Your use.

You must keep the App installed, activated, and updated throughout the duration of Your policy to collect data and remain in the Program. You should make sure that Your smartphone is charged and turned on while driving to collect data.

You must track a minimum of 1,000 km (one thousand kilometres) within the first 120 (one hundred and twenty) days of each policy term to remain in the Program.

The App is designed to track and analyze Your driving habits and to rate each trip based on acceleration, braking, cornering, speeding, distracted driving and other contextual factors. These other contextual factors relate to the road infrastructure environment in which You are driving, such as the road name and classification, speed limit, and road features such as roundabouts or speed bumps. Additional information on the collected data is detailed in Section 5 hereof. The App will assign a driving score for every trip based on Your driving habits as well as an overall score that will be used on Your policy’s renewal to calculate premium adjustments. Additional information on premium adjustments is detailed in Section 3 of this Agreement.

The algorithm for determining the monthly aggregate score or a trip score is based on a proprietary formula developed by Gore and Our partner, Trak Global Solutions Holdings (Canada), Inc., a Canadian corporation with principal offices at 435 King Street North, Waterloo, Ontario, N2J 2Z5 (“Trak”). Gore, in its sole discretion, reserves the right to modify the algorithm for determining Your drive score periodically.

If We are unable to obtain an accurate assessment of Your driving behaviours (for example, due to failure to tag trips in which You were the driver, the inability of Your smartphone to collect and transfer the Collected Data (as defined in Section 5 below), the lack of cellular coverage and/or network in the area where You live or use Your vehicle, or any misuse of the App), a notification will be sent to You advising You of such, and providing You with 30 (thirty) calendar days to cure any such breach of this Agreement.

3. PROGRAM DISCOUNT

3.1 Initial Term

If You fulfill the requirements for Eligibility set out in Section 2 above, You will receive a Welcome Discount, which applies to the vehicle for which You are listed as the primary driver, but does not apply to all vehicle coverages, for the first policy term subsequent to Your entering into the Program (“Welcome Discount”). The Welcome Discount will be applied at the time the Program is added to Your policy. However, the Welcome Discount will be removed if the requirements for Eligibility are subsequently not fulfilled, or in the event of Your withdrawal or removal from the Program in accordance with Section 9 below. Your Welcome Discount may be removed and Your participation in the Program may be terminated if We do not collect Your driving data for 90 (ninety) consecutive days, or if the total time the App was connected to a smartphone during a single policy term is insufficient for Us to make a reasonable determination of Your driving behaviour, which We currently define as driving a minimum of 1,000 km (one thousand kilometres) within the first 120 (one-hundred and twenty) days of each policy term.

3.2 Renewal Terms

When Your policy renews, the data collected by the App during the prior policy term will be used to determine whether You are eligible for a discount applicable at renewal (“Score Discount”). The Score Discount applies to the vehicle for which You are listed as the primary driver, but does not apply to all vehicle coverages. At the time of Your enrollment, You will be provided with information about the minimum and maximum Score Discount for which You may qualify. The Score Discount does not guarantee an overall reduction in Your total policy premium. There is a possibility that You will not receive a Score Discount or that Your Score Discount may be lower than Your Welcome Discount. The Score Discount and the Welcome Discount are not cumulative and will never apply at the same time.

The amount of Your Score Discount will remain constant throughout the first renewal term under the Program, and will be reassessed on each subsequent renewal of Your policy. The Score Discount for a given term will be removed, effective on the date of termination, if You or Gore terminate Your participation in the Program.

Your Score Discount may be removed and Your participation in the Program terminated during any renewal period if We do not collect Your driving data for 90 (ninety) consecutive days, or if the total time the App was connected to a smartphone during a single policy term is insufficient for Us to make a reasonable determination of Your driving behaviour.

3.3 Rewards

If You participate in the Program, You may be eligible to receive certain rewards in addition to the Welcome Discount or Score Discount, as applicable. Please refer to the DRIVE GOOD BY GORE MUTUAL REWARDS PROGRAM RULES (the “Rewards Rules”) for more information.

4. ENROLLMENT

Once You successfully download and login to the App, accept this Agreement, allow the App to access Your location and mobile permissions and take Your first drive, the App will be activated and will record Collected Data (as defined in Section 5 below). At this point Your enrollment will be complete and the data regarding Your trips and events will be sent to Trak and, in turn, to Gore.

Once the App is installed and activated, it will detect certain movement and record a trip. For each trip that is recorded, You will need to identify whether You were the driver. If You were not driving, You must confirm Your mode of transportation (for example, passenger or public transportation). Please note that Your individual trip selection is final. For each trip tagged with You as the driver, You will receive a score which will be considered to establish your Score Discount. Please note that if You do not tag Your trip as a driver or a passenger within 24 (twenty-four) hours, the App will automatically tag Your trip indicating You as the driver, and this selection will be final.

YOU MUST NOT TAG YOUR TRIP(S) WHILE OPERATING A VEHICLE. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREGOING PROVISION, GORE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND/OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH YOUR USE OF THE APP.

The App must remain activated on Your smartphone. Each time You drive a vehicle, whether or not You are the primary listed/insured driver, You must have Your smartphone with the installed, activated and functional App in Your possession.

5. COLLECTED DATA

The App will access and collect the following data (collectively, the “Collected Data”):

  1. Data to confirm the start and end of each trip and to characterize acceleration, braking, cornering, speed and mobile phone use while in the vehicle:
    1. Device background location through network, GNSS and GPS (to enable the app to automatically detect trips; includes location, speed, heading, altitude, precision)
    2. Accelerometer
    3. Gyroscope
    4. Magnetometer
    5. Phone call state (call active or call not active) and read status/identity
    6. Audio pathway (use of a handsfree kit or the internal microphone and speaker)
    7. Wi-Fi, Bluetooth, and network status and connections
    8. Current date and day of week, time and time zone
  2. Derived information:
    1. Map context (urban or rural road, speed limits, road curvature, lanes, directionality, start and end addresses)
    2. Driver/Passenger detection
    3. Public transit usage
    4. Travel patterns
  3. Information about the operational environment:
    1. Application status (operational state and permissions granted)
    2. Battery status of phone
    3. Sensor status (airplane mode)
  4. Information to monitor distracted driving:
    1. Phone model
    2. Device ID
    3. OS version
    4. Information for enrollment:
    5. Name, email, phone number (for activation / engagement / rewards)

6. USAGE OF DATA

We will only use Your personal data (including your Collected Data) when the law allows Us to do so. The data collected will be shared with third parties and will only be used: (i) to calculate a driving score based on Your driving behaviours to determine Your Score Discount, if any, along with any rewards available to You; and (ii) in an anonymized form as part of Our general analysis and administration of the Program, which includes assessing the performance and stability of the App, and improving the features and performance of the App.

We acknowledge the confidential nature of the Collected Data We will collect or otherwise possess under this Agreement and covenant and agree to protect it from unauthorized use or disclosure by using not less than reasonable physical, technical and administrative safeguards. We may disclose such information where required by law or for purposes of enforcing this Agreement.

When You enrol in the Program, You acknowledge and consent that Gore and Trak may collect and use the Collected Data, some of which may constitute information that is about an individual who is identifiable either by such information alone or by such information in combination with some other available information (the “Personal Information”) about You or any other individual driver of Your vehicle or vehicle in which You are a passenger, solely for the conduct of the Program and related business planning and analysis. You also understand and consent that such Personal Information may be disclosed to Gore and Trak, and vice versa, and to You though the App, as described in this Agreement. You also acknowledge and agree that the Collected Data, including Personal Information, may be accessed by Trak employees located in the United Kingdom for any customer service or support requests You may have in regards to the App; however, the Collected Data and Personal Information will at all times be securely stored in Canada. Gore and Trak will not use Collected Data or Personal Information in any manner that is not permitted in this Agreement.

If You do not consent to Gore’s usage of the Collected Data in accordance with this Section 6, You will not be eligible to participate in the Program, and You must accordingly promptly notify Your broker and delete the App from Your smartphone.

7. RETENTION AND STORAGE OF COLLECTED DATA

In order to satisfy Our obligations under this Agreement as well as any legal, accounting, or reporting requirements, We will retain the Collected Data for 7 (seven) years from the date of its collection. Once Your enrollment in the Program is terminated, You may subsequently contact Your broker to request the deletion of your Collected Data, and We will not retain any of Your Collected Data after the processing of such request. For greater certainty, You may request the deletion of your Collected Data at any time; however, such request will render you ineligible to participate in the Program pursuant to Section 1 hereof.

Where Trak has collected or derived Collected Data in accordance with this Agreement, it may reproduce such data into an anonymous derivative data set. Provided no such resulting information is Personal Information, Trak and Gore may aggregate such resulting data with data they collect from other customers to create a compilation of anonymous, aggregated data (the “Aggregated Data”) and use such Aggregated Data for their internal or commercial purposes. For certainty, Trak and Gore shall ensure such Aggregated Data cannot be used to identify any individual where such data is used on its own or in combination with any other available information. You agree that We and/or Trak may keep such Aggregated Data for up to 10 (ten) years.

Trak uses a third party vendor and hosting partner to provide the cloud storage, software, networking, and technology required to run the Services and the App, specifically the APIs of Mapbox, Inc. (“Mapbox”). Mapbox’s privacy policy can be found at https://www.mapbox.com/privacy. The App will provide the Collected Data to Mapbox, which Mapbox may use: (1) for purposes of fulfilling its contractual obligations to Trak; (b) to improve its mapping products and services and for internal diagnostic and analytic purposes; (c) to create aggregated and anonymized usage statistics that it may share with third parties; (d) to provide information back to Trak about how the App is being used; and (e) to track the number of monthly active users using a random ID, which ID is used only for this limited purpose.

8. USE OF THE APP

8.1 If You change smartphones, You must download the App to Your new phone. The App will prompt You to associate Your new phone with Your existing Program account.

8.2 Use of the App may affect Your smartphone battery life. You must ensure that Your smartphone is charged and functional when the vehicle is being driven so that the Collected Data may be recorded. Care should be taken to charge the battery while driving if You take longer trips.

8.3 The App is free of charge and can be downloaded by Wi-Fi or cellular data. Downloading the App and using the App itself will use Your cellular data to transfer Collected Data to Trak.

8.4 You are exclusively responsible for assuming all roaming fees, data fees (including overage), plan fees and any other fees Your mobile service provider may charge You as a result of Your download and use of the App.

8.5 While roaming, unless Your data is turned off on Your mobile device, Collected Data will continue to be transferred. Transmission of driving data uses a portion of the data on Your cell phone plan.

8.6 You agree to obey all traffic laws, including any laws that restrict the use of mobile devices while driving.

8.7 You agree to use the App only when it is safe to do so and when it will not create any unnecessary distraction.

8.8 You agree that You will not use the App for any illegal, hazardous, or unauthorized purposes, or in a manner that is not consistent with this Agreement. Without limiting the generality of the foregoing, You may not use the App in any manner that (each a “Prohibited Use”):

  1. breaches any applicable local, national or international law or regulation (including, without limitation, any traffic laws and any laws that restrict the use of mobile devices while driving);
  2. may in any way damage, disable, overburden, and/or impair the App server, or any network connected to the App server, and/or interfere with any other party’s use or enjoyment of the App;
  3. attempts to decipher, decompile, disassemble, reconstruct, translate, reverse engineer, or discover any of the intellectual property or ideas, source code, object code or underlying structure, algorithms, file formats, programming, or interoperability interfaces underlying, or disrupt the integrity or performance of, the App; or
  4. will reproduce, duplicate, copy, sell, resell, or exploit any portion of the App.

9. ENDING YOUR ENROLLMENT IN THE PROGRAM (TERMINATION)

You or Gore may end Your enrollment in the Program at any time and for any reason. If Your enrollment ends for any reason, You will no longer be entitled to any of the participation or renewal benefits and will not receive a Welcome Discount or Score Discount, as the case may be.

If You wish to withdraw Your consent to participating in the Program, You must delete the App from your smartphone and promptly advise your broker. PLEASE NOTE THAT DELETING THE APP WITHOUT NOTIFYING YOUR BROKER WILL NOT CONSTITUTE TERMINATION OF THIS AGREEMENT OR FULLY EFFECT YOUR DE- ENROLLMENT FROM THE PROGRAM.

Any termination of Your enrollment in the Program will also terminate Your participation in the Drive Good By Gore Mutual Rewards Program, in accordance with the Rewards Rules referenced in Section 3.3 above.

Following the termination of Your enrollment in the Program for any reason, You may, at any time, request the deletion of your Collected Data through your broker.

10. OWNERSHIP AND TRADEMARKS

The App, including all trademarks, logos, and service marks displayed on the App, are owned by and operated by Gore and Trak, and the information and Services, including intellectual property, will remain the exclusive property of Gore and Trak. The App may be used solely for the purposes and to the extent permitted by this Agreement, as expressed by Us or Our third party partners.

You are not required to provide Us with any comments, suggestions, recommendations, requests, or any other feedback (“Feedback”). If You do provide Feedback, we may use such Feedback to improve the App or for any other purpose, and You hereby assign, irrevocably, exclusively and on a royalty-free basis, all such Feedback to the Company.

You acknowledge that you do not acquire any ownership rights by using the App. App Store, iOS, and iPhone are trademarks of Apple Inc., registered in the United States and other countries.

Android is a trademark of Google Inc.

11. THIRD PARTY LINKS AND ADVERTISEMENTS

Within the App, We do not control the linked websites or the content they provide and have not reviewed these sites in their entirety. We do not approve or endorse any of the products, services and/or the material contained on any of the linked sites and disclaim all liability for Your use of them. Your use of linked websites is subject to their respective privacy practices and terms of use.

Third party advertisements may appear on the App from time to time. Gore does not endorse these advertisements, and the advertisements are not intended to be, nor should they be, viewed by You unless and until You have completed Your drive and Your vehicle has come to a complete stop.

Gore may post advertisements on the App but more often than not, the source of such advertisements is third parties, and as such, Gore cannot and does not guarantee the reliability or accuracy of third party advertisements. Gore does not endorse the content of third party advertisements. Additionally and without derogating from the previous sentence, Gore will not be liable for any form of liability arising from Your reliance on, or in connection with, the use of the content of advertisements posted on the App.

It is underscored that the advertising of commercial content by Gore does not constitute a recommendation or encouragement to procure the goods or services advertised.

Insofar as the App includes links to services or applications not operated or managed by Gore, Gore will not be liable for any form of liability arising from Your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. Gore will not be liable for any direct or indirect damage, monetary or otherwise, arising from Your use of or Your reliance on the content of goods or services You have accessed via advertisements or other links on the App.

YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADVERTISEMENTS WHILE OPERATING A VEHICLE. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREGOING PROVISION, NEITHER THE THIRD PARTY ADVERTISERS NOR GORE WILL BE LIABLE FOR ANY DIRECT OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGE, OR ANY OTHER DAMAGE, AND/OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE DISPLAY OF THE ADVERTISEMENTS ON THE APP OR YOUR VIEWING OF THE ADVERTISEMENTS ON THE APP.

12. PROPRIETARY INFORMATION

You will not, without Gore’s prior written consent, disclose, provide, or make available the App or information reasonably identifiable as the confidential and proprietary information of Gore or Trak in any form to any person, except to Trak and Gore’s bona fide employees, officers, directors, or contractors whose access is necessary to enable such party to exercise its rights hereunder.

13. NO IMPLIED WARRANTIES

GORE MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING REGARDING THE USE, PERFORMANCE, FUNCTIONALITY, SUPPORT OR OPERATION OF THE APP, OR ANY THIRD PARTY CONTENT OR THIRD PARTY SOFTWARE. GORE MAKES NO REPRESENTATIONS OR WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE APP. GORE DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE APP WILL BE UNINTERRUPTED OR FREE FROM ERROR OR THAT ANY DEFECTS IN THE APP WILL BE CORRECTED. YOU UNDERSTAND THAT NO COMMITMENT EXISTS ON THE PART OF GORE TO PROVIDE THE APP IN A CONDITION SUITABLE FOR USE BY YOU. YOU ACKNOWLEDGE THAT THE APP IS DELIVERED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND THAT YOUR USE OF THE APP SHALL BE AT YOUR SOLE RISK.

14. LIMITATION OF LIABILITY

GORE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE SUM OF $100 (ONE HUNDRED DOLLARS).

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GORE, OR ITS THIRD PARTY SOFTWARE SUPPLIERS, BE LIABLE FOR ANY (i) DAMAGES, EITHER DIRECT OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, LOSS OF DATA, LOST PROFITS, OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER OR NOT FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR

THE DELIVERY, USE OR PERFORMANCE OF THE APP, OR CONTENT DISTRBUTED THROUGH THE APP, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. GORE HAS NO RESPONSIBILITY FOR, AND WILL IN NO WAY BE HELD LIABLE FOR, THE SECURITY OF YOUR SMARTPHONE OR ANY DAMAGE CAUSED TO YOUR SMARTPHONE ARISING FROM USE OF THE APP.

15. THIRD PARTY SOFTWARE AND CONTENT

The Application may (i) include additional third party software (“Third Party Software”) or (ii) provide You with functionality where You may be able to access publicly available third party content or third party services (“Third Party Content or Services”). Gore has made use of all Third Party Software in full compliance of all applicable terms and conditions of copyright holders and/or other authorized parties. All Third Party Software may only be used as part of and in connection with the App. Third Party Content or Services available to You are subject to such Third Party Content or Services provider’s terms and conditions and Gore shall not be liable whatsoever for Your access to or use of such Third Party Content or Services. Specifically, the App uses the following Third Party Software and Third Party Content or Services:

  1. Google Analytics for Firebase. The App is set to collect certain anonymous data relating to Your use of the App (such as the time of an event, Your city/country location, and information about Your smartphone, such as OS version) (“Usage Information”). Usage Information will be collected by Google Analytics for Firebase or shared with Google Analytics for Firebase by Gore. All Usage Information and Contact Information shared with Google Analytics for Firebase will be disclosed in accordance with Google Analytics for Firebase Terms of Service located at https://firebase.google.com/terms/analytics.
  2. OpenStreetMap Data. The App uses open source data from OpenStreetMap (“OSM Data”), which is licensed to You under the terms of the Open Database License (ODbL) found here: https://opendatacommons.org/licenses/odbl/1.0/. Any rights in individual contents of the OSM Data are licensed to You under the Database Contents License (DbCL) found here: https://opendatacommons.org/licenses/dbcl/1.0/. All OSM Data is copyright OpenStreetMap contributors.
  3. Push Notifications. You acknowledge that by downloading, installing or using the App and/or accepting this Agreement: (i) if You are using the Android version of the Application, (A) that You agree to be bound by Google’s Terms of Service, which can be found at https://www.google.com/intl/en/policies/terms/, as may be amended by Google from time to time, and (B) that You are aware that the App uses Amazon Simple Notification Service (“SNS”) to deliver certain Google Firebase Cloud Messaging push notifications to Your smartphone regarding Your use of the App (e.g. notifications regarding trips You have taken); and (ii) if You are using the iOS version of the App, that You are aware that the App uses Amazon SNS to deliver certain Apple Push Notification push notifications to Your smartphone regarding Your use of the App. You may enable and disable push notifications by using the applicable settings within Your iOS or Android smartphone.

16. TERMS REQUIRED BY APPLE INC

If You are using the iOS version of this App, the following terms are applicable to You:

  1. This Agreement is between You and Licensor only, and not with Apple Inc. (“Apple”). Licensor is solely responsible for the Application in accordance with the terms of this Agreement.
  2. The license granted for the Application is a non-transferable license to use the Application on any Apple-branded smartphone that You own or control
    (provided that it meets the system requirements of Licensor) and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Application may be accessed, acquired, and used by other associated accounts via Apple’s Family Sharing or volume purchasing.
  3. Apple has no obligation to provide maintenance and support for the Application. If You encounter any issues related to Your use of the Application, You may report such issues to Licensor in accordance with section 19 of this Agreement.
  4. In the event of any failure of the Application to comply with any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Application to You (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and will not be liable for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty shall be the sole responsibility of the Licensor.
  5. Apple shall not be responsible for addressing any claims by You or any third party relating to the Application or to Your possession and/or use of the Application, including but not limited to (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
  6. Apple shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Application, or Your possession and use of the Application, infringes a third party’s intellectual property rights.
  7. You represent and warrant that (i) the Application will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist- supporting” country, and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Apple and its subsidiaries are third-party beneficiaries of this Agreement, and, upon Your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You.

17. TERMS RELATING TO GOOGLE

If You are using the Google Play version of this App, the following terms are applicable to You: Google Inc. (“Google”) and their subsidiaries, are intended third party beneficiaries (collectively, “Google Third-Party Beneficiaries”) of this Agreement with You with respect to the services they provide and upon this Agreement, the Google Third-Party Beneficiaries shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof.

This Agreement does not change any restrictions set forth in Google Play’s Terms of Service (currently accessible at: https://www.google.com/intl/en/policies/terms/, as may be amended by Google from time to time). You agree that Google is not providing any warranty for the App and is not responsible for maintenance or other support services for the App or for any third party claim that the App or Your use of the App infringes a third party’s intellectual property rights (“IP Claim”) or any other liability whatsoever under this Agreement. In the event of an IP Claim, You acknowledge that Google will not be responsible for any investigation, defense, settlement or discharge of any such IP Claim.

18. INDEMNIFICATION BY YOU

To the extent permitted by law, You agree that You will defend, indemnify and hold harmless Us and Our officers, directors, shareholders, employees, agents and representatives, from and against any and all damages, judgments, liability, costs and expenses (including without limitation any reasonable legal fees), in whole or in part arising out of or attributable to: (a) Your gross negligence or willful misconduct; or (b) Your Prohibited Use of the App.

19. PRIVACY

Gore is committed to protecting the privacy of the Personal Information of its customers. Your Personal Information will be treated in accordance with this Agreement and Gore’s Privacy Policy, which can be found on Our website, as amended by Gore from time to time.

Personal Information that is collected as part of the Program will only be used for the purposes listed in this Agreement. If Gore requires the Personal Information for additional purposes, You will be contacted and Your consent will be collected anew. Personal Information is safeguarded and kept in strict confidence. Gore will retain Your information either on Our premises or outside of Our premises (such as in the Cloud) in secure facilities. We maintain physical, electronic and procedural safeguards to protect Personal Information from unauthorized access.

Access to Your Personal Information is restricted to those Gore employees whom We have determined need to know that information to provide products or services to You. In addition, all Our employees are bound by a Code of Conduct and Ethics and a Privacy Policy, both of which include confidentiality and security policies, and are trained on Our privacy policies and procedures.

Personal Information is retained only as long as it is needed, or to meet any legal, regulatory or tax requirements. We also require Our third party service providers to provide comparable safeguards to protect Your information.

If you have any questions regarding Our privacy policies or procedures, you may contact Our Privacy Office:

Gore Mutual Insurance Company
Attention: Privacy Officer
252 Dundas Street North
Cambridge, Ontario
N1R 5T3
1-800-265-8600 Ext. 2423
privacy@goremutual.ca

20. GENERAL PROVISIONS

20.1 Entire Agreement

This Agreement (including Our Privacy Policy and any other document or policy incorporated herein) is the entire agreement between You and Us regarding the Services.

20.2 Assignment

Gore may at any time delegate, subcontract or assign any of its rights under this Agreement to third parties. You may not assign, transfer or further licence, in any manner whatsoever, this Agreement, any part thereof, or any of Your rights and obligations hereunder.

20.3 Invalidity

If any term, condition, or provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, the remaining terms, conditions and provisions will continue to be valid and enforceable to the fullest extent permitted by law.

20.4 Changes to Agreement

We reserve the right, in Our sole discretion, to restrict, suspend or otherwise change any aspect, term or condition of this Agreement, to modify or change the Services, or to deny or terminate Your use of and/or access to the Services at any time and for any reason without prior notice to You unless required by applicable law. Gore will send You a change notice no later than 30 (thirty) calendar days prior to the effective date of a change including a change deemed essential, such as the termination of the Services or this Agreement. In the event that this Agreement, or any aspect of the Services, is restricted, suspended or changed, Your continued participation in the Program following such notice will constitute Your consent to any amendments to this Agreement, or any other aspect of the Program. IF YOU DO NOT AGREE TO THIS AGREEMENT, OR IF ANY CHANGE OR MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT BY DELETING THE APP AND NOTIFYING YOUR BROKER.

Any changes or modifications will be effective immediately and will be posted; We recommend that You check this Agreement for changes from time to time. You may receive an email notifying You of any significant changes or modifications, and Your continued use of the App following the posting of any such modifications or changes to this Agreement constitutes Your acceptance of those changes. IF ANY CHANGE OR MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT BY DELETING THE APP AND NOTIFYING YOUR BROKER.

20.5 Force Majeure

You acknowledge that the App is provided over the Internet and mobile networks. Accordingly, the quality and availability of the App may be affected by factors outside the reasonable control of Gore and Trak. Gore and Trak do not accept any responsibility for any connectivity issues that You may experience when using the App. Neither Gore nor Trak will be liable or responsible for any failure to perform, or delay in performance of, any obligations under this Agreement that is caused by any act or event beyond the reasonable control or Gore or Trak, including any failure of public or private telecommunications networks.

20.6 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario.

21. CONTACT

If You have any questions about the Program, or any technical questions about the App or its functionalities, please contact Your broker.

If You have any questions, comments, or concerns relating to this Agreement, please contact Us at:

Gore Mutual Insurance Company
252 Dundas Street North P.O. Box 70
Cambridge, Ontario
N1R 5T3
1-844-974-GORE(4673)

Rewards Program Rules

GENERAL TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE (THE “REWARDS RULES” OR “TERMS OF USE”) CLOSELY BEFORE SIGNING UP FOR THE DRIVE GOOD BY GORE MUTUAL PROGRAM (THE “PROGRAM”) AND USING DRIVE GOOD BY GORE MUTUAL PROGRAM (THE “APP”). THESE REWARDS RULES CONTAIN IMPORTANT INFORMATION ABOUT YOUR PARTICIPATION IN DRIVE GOOD BY GORE MUTUAL REWARDS PROGRAM (THE “REWARDS PROGRAM”).

1. DEFINITIONS

For the purposes of these Rewards Rules, capitalized terms have the meaning ascribed to them in the following definitions:

“Gore,” “We,” “Us,” and “Our” refer to Gore Mutual Insurance Company.

“You” and “Your” refer to any primary driver of at least one eligible passenger vehicle on at least one automobile insurance policy in force with Gore who is enrolled in the Program.

2. GENERAL PROVISIONS

You expressly agree to these Terms of Use and You undertake to comply with them upon Your enrolment in the Program, i.e., when Your account is activated in the App.

If You disagree with these Rewards Rules, please refrain from enrolling in the Program or withdraw from the Program, whichever applies, and do not use the App.

You may withdraw from the Program at any time by deleting the App from Your smartphone AND promptly notifying Your broker. Additional information regarding withdrawal from the Program can be found in Section 7 hereof.

Please note that all conditions, limitations, and exclusions of any automobile insurance policy on which You are a driver apply in full and supersede these Rewards Rules.

3. CHANGES TO OR TERMINATION OF THE PROGRAM

We reserve the right, in Our sole discretion, to restrict, suspend or otherwise change any aspect, term, or condition of the Rewards Program. We may modify all or one or more parts of these Terms of Use at any time, including, without limitation, the following elements:

  • Amend the provisions of these Terms of Use;
  • Make changes to the Rewards Program; and/or
  • Terminate the Rewards Program and these Terms of Use.

Gore will send You a change notice no later than 30 (thirty) calendar days prior to the effective date of a change including a change deemed essential, such as the termination of the Rewards Program.

In the event these Terms of Use, or any aspect of the Rewards Program, is restricted, suspended or changed, Your continued participation in the Rewards Program following such notice will constitute Your consent to any amendments to these Terms of Use, or any other aspect of the Program. IF YOU DO NOT AGREE TO THESE REWARDS RULES, OR IF ANY CHANGE OR MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO STOP ACCESSING AND PARTICIPATING IN THE PROGRAM BY DELETING THE APP AND NOTIFYING YOUR BROKER.

4. ELIGIBLITY REQUIREMENTS

Eligible Participants

The Rewards Program is only available to Ontario residents. These rewards are provided by Gore to Eligible Participants. For the purposes of these Terms of Use, an “Eligible Participant” shall mean an individual driver who meets the eligibility requirements contained in Section 1 of the Drive Good by Gore Mutual Program Conditions of Use Agreement.

5. REWARDS

5.1 How to Enter

Receipt of rewards is only available to Eligible Participants who have downloaded and activated the App and who use the App while driving throughout the term of their policy. By downloading, activating, and using the App, You agree to comply with the Drive Good by Gore Mutual Program Conditions of Use Agreement and these Rewards Rules.

5.2 Reward Points

By meeting the eligibility requirements outlined in Section 4 herein, You will be able to earn and bank points. The points have no cash value and cannot be exchanged for cash.

5.3 Earning Reward Points

The Rewards that are available to Eligible Participants though the Rewards Program are based on the number of points that You earn and bank. You can earn and bank points as detailed in Section 5.4 of these Terms of Use.

5.4 Drive Score

You will be assigned a drive score for every trip based on Your driving data and behaviour as detected by the App. You are only eligible for a drive score for trips where You are the driver.

Each trip can have a maximum score of 100 (one hundred) based on the following information that will be collected (the “Driving Data”):

  • Speed (met or exceeded)
  • Acceleration (smooth or sudden)
  • Braking (soft or hard)
  • Cornering (smooth or abrupt)
  • Focus (undistracted or distracted)
  • Contextual (night or day, highway, or secondary roads)

Your drive score will never be a negative number.

Beginning seven 7 (seven) days after Your enrollment in the Program, and every 7 (seven) days thereafter, Your average drive score for the previous week (from enrollment to 11:59 p.m. ET on the seventh day following Your enrollment and thereafter from 12:00 a.m. ET on the first day of each week to 11:59 p.m. ET on the seventh day of each week) will be converted into points that are redeemable pursuant to the Rewards Catalogue (see Section 5.8 for additional information) or capable of being banked for use by You at a later date, subject to Section 5.6 below.

To be eligible to earn (and subsequently bank) points You must:

  • Achieve a weekly average drive score of 85 (eighty five) or higher
  • Have driven 50 kilometres (fifty km) within the applicable weekly time frame

5.5 Points Earned Notification

You will typically receive a notification on the App if You earned any points for the previous week. If You do not earn or are ineligible to earn points in a given week, You will not receive a notification.

5.6 Banking Points

You will earn points as detailed in Section 5.4 above. You will have one (1) week, to either redeem or bank Your points. If You fail to redeem or bank Your earned points within such one (1) week timeframe, Your earned points will be forfeited. You will be solely responsible for redeeming or banking Your points, regardless of whether or not You receive a notification pursuant to Section 5.5.

5.7 Points Expiration

Unless otherwise noted, any points earned by You will be automatically added to Your account within 24 (twenty-four) hours of the close of the applicable weekly timeframe and You will be solely responsible for redeeming or banking such points. ALL POINTS WILL EXPIRE AT 11:59 P.M. ET ON THE LAST DAY OF YOUR POLICY TERM, REGARDLESS OF WHETHER SUCH END IS BROUGHT ABOUT BY WAY OF TERMINATION, CANCELLATION, RENEWAL, OR OTHERWISE. You are solely responsible for ensuring that You use Your points prior to such expiration. You can view and track Your points balance and available rewards as well as any additional benefits for which You are eligible in the App.

5.8 Rewards Catalogue

Once You have banked at least 500 (five hundred) points, You may redeem them for a gift card from the available options in the “Rewards” section of the App. You may collect and redeem a maximum of 10,000 (ten thousand) points per policy term.

Available rewards may change from time to time and are at all times subject to availability from each vendor.

Neither Gore nor any third party, including the vendor associated with a given gift card, will be responsible for any gift card that is lost or stolen. In no circumstances will a gift card be re-issued.

5.9 Chances of Reward Redemption

Your chances of collecting rewards depends on Your consistent use of the App, Your individual driving skills, compliance with the rules of the road, the number of trips and distance travelled, and Your regular banking of points. Technical reasons may have influence on the outcomes. We may not be held responsible for these occurrences.

If You use fraudulent methods to achieve a drive score or to meet the Eligibility Requirements in Section 4, or otherwise attempt to circumvent these Rewards Rules, Your participation and eligibility may be revoked at the sole discretion of Gore.

Gore, in its sole discretion, reserves the right to modify the algorithm for determining Your drive score periodically.

6. PRIVACY

Gore is committed to protecting the privacy of the Personal Information of its customers. “Personal Information” means information that is about an individual who is identifiable either by such information alone or by such information in combination with some other available information.

Your Personal Information will be treated in accordance with this Agreement and Gore’s Privacy Policy, which can be found on Our website, as amended by Gore from time to time.

Your Driving Data will only be used for the purposes disclosed in the Drive Good by Gore Mutual Program Conditions of Use Agreement and for the purposes disclosed herein, and for no other purposes.

If you have any questions regarding Our privacy policies or procedures, you may contact Our Privacy Office:

Gore Mutual Insurance Company
Attention: Privacy Officer
252 Dundas Street North
Cambridge, Ontario
N1R 5T3
1-800-265-8600 ext. 2423
privacy@goremutual.ca

7. TERMINATION OF PARTICIPATION

7.1 By You

You can opt out of the Program (and therefore the Rewards Program) at any time by notifying Your broker and by deleting the App. You will know that the App has stopped recording Your trips once You receive, from Trak Global Solutions Holdings (Canada) Inc. (“Trak”), an email confirming that Your request for withdrawal or other termination from the Program has been processed. Deletion of the App without notifying Your broker does not constitute termination of, or withdrawal from, participation in the Program.

YOU MAY BE UNABLE TO ACCRUE POINTS AFTER YOU UNENROL FROM THE PROGRAM AND ANY UNREDEEMED POINTS WILL EXPIRE AT 11:59 P.M. ET ON THE LAST DAY OF YOUR POLICY TERM. Be sure to redeem Your points earned before You opt out of the Program.

Driver Change

In the event of a change in driver assignment which makes You no longer an Eligible Participant (for example, You are no longer a primary driver on a vehicle on the applicable policy), You may be unable to accrue points after such change and any unredeemed points will not be accessible and/or redeemable following such change. You will no longer be considered eligible for the Rewards Program.

Termination or Cancellation of Insurance Policy or Policies

In the event that You opt to terminate or cancel your insurance policy or policies with Us, Your points will expire at 11:59 p.m. ET on the last day of Your policy term. After that date, You will not be able to accrue, access and/or redeem points. Be sure to redeem the points You have earned before the termination date.

7.2 By Us

Gore reserves the right to block, suspend, or terminate Your use of, or access to, the App for failure to adhere to these Terms of Use or if You have made any misrepresentation to Us or to any entity associated with or participating in the Program. If Your participation in the Program is cancelled, all accumulated points in Your account may be forfeited and removed from Your account.

If Gore reasonably suspects, in its sole discretion, that You are using the Rewards Program inappropriately, that there is something wrong with Your Driving Data, that You are not complying with these Terms of Use, or that You are violating the terms of Your insurance policy or policies, We reserve the right to cancel Your participation in the Program.

YOU WILL BE UNABLE TO ACCRUE POINTS AFTER YOU ARE UNENROLLED FROM THE PROGRAM AND ANY UNREDEEMED POINTS WILL NOT BE ACCESSIBLE AND/OR REDEEMABLE IN THE CIRCUMSTANCES DESCRIBED EARLIER IN THIS SECTION 7.2.

Termination or Cancellation of Insurance Policy or Policies

In the event that We opt to terminate or cancel Your insurance policy or policies with us, You will not be able to accrue points after you are unenrolled from the Program. Any unredeemed points will expire at 11:59 p.m. ET on the last day of Your policy term.

8. INTELLECTUAL PROPERTY

The App, the logos, names, images, and text used in the App and the Rewards Program, and all other forms of intellectual property, are the exclusive property of Gore and Trak.

The App may be used solely for the purposes and to the extent permitted by these Terms of Use, as expressed by Us or Our third party partners.

You acknowledge that You do not acquire any ownership rights by using the App.

App Store, iOS, and iPhone are trademarks of Apple Inc., registered in the United States and other countries.

Android is a trademark of Google Inc.

9. WARRANTY DISCLAIMER

Gore and its suppliers offer no warranties regarding the use of the App, which is offered “as is”, “with all faults”, and “as available”. Gore cannot guarantee that the App will be available or functional and cannot guarantee it will be free of errors, bugs, and computer viruses. You assume all the risks inherent in its use.

10. LIMIT OF LIABILITY

With the exception of damages that may be caused by gross negligence or wilful misconduct, Gore and its suppliers cannot be held liable for any direct or indirect damages caused by the Rewards Program. Gore and its suppliers are also not responsible for the redemption or expiration of points or the use of gift cards. We also encourage You to exercise caution and to comply with road safety laws and regulations. Current laws prohibit the use of a smartphone or other handheld electronic device while driving. Please stow Your phone safely before You leave and do not use it while driving.

Gore and its suppliers will be released from all liability, and You undertake to hold them harmless from any and all damages, losses, breakage, claims or expenses, direct or indirect, resulting from Your use of a phone or other handheld electronic device while driving, in violation of applicable laws and regulations.

11. APPLICABLE LAWS

These Terms of Use are governed by the laws of the province of Ontario and the federal laws applicable in Ontario, without reference to conflict of laws provisions.

12. TECHNICAL SUPPORT

If You have any questions about the Rewards Program, please contact Us at:

Gore Mutual Insurance Company
252 Dundas Street North P.O Box 70
Cambridge, Ontario
N1R 5T3
1-844-974-GORE(4673)