MOBILE AUTO ASSIST TERMS AND CONDITIONS

1. DEFINITIONS

1.1 “Activation Date” means the date of activation of the Auto Assist Services;

1.2 “Business Day” means any day other than a Saturday, Sunday or official Public Holiday in the Territory;

1.3 “Auto Club” – Auto Club LDA, with registration number 100831198 and shall include references to the employees, agents, sub-contractors, Service Providers, suppliers and any independent contractors of Auto Club or such appointed entities;

1.4 “Member(s)” means the individual whose details appear on the Auto Assist Application Form; The member is defined as the owner of the vehicle. The service is extended to the owner’s immediate family.

1.5 “Auto Assist App” means the Auto Assist mobile device application;

1.6 “Emergency Medical Transportation or Medical Transportation” means the necessary medical transportation, medical care during transportation, communications and all usual ancillary services required to move a Member to the closest available medical facility in a Medical Emergency.

1.7 “Fee” means the monthly fee to be paid by the Member to Auto Club for the provision of the Auto Assist Services.

1.8 “Auto Assist” means Auto Club’s Auto Assist Product.

1.9 “Auto Assist Services” means the services as detailed in clause 3 of these T’s and C’s.

1.10 “Auto Assist Application Form” means the Application Form and any appendices attached thereto, containing inter alia, the details of the Member, the Auto Assist Services selected by the Member and the Vehicle/s applicable to the Member subsequent to the Member electing to activate the Auto Assist Services;

1.11 “Auto Assist Benefits Table” means the benefits table on the face of these T’s and C’s recording inter alia the benefits of the Auto Assist Services and the conditions and limitations applicable thereto, which table may be updated by Auto Club from time to time;

1.12 “Medical Emergency” means an accident or Illness that requires immediate and / or urgent Emergency Medical Transportation.

1.13 “Service Provider” means a third party service provider of Auto Club or sub-contractor of such service provider, engaged to assist with the provision of the Auto Assist Services.

1.14 “Territory” means the geographical area within the boundaries of the Maputo Province (Namaacha, Ressano, Garcia, Moamba, Boane) as well as metro areas (Maputo, Matola, Xai-Xai and Inhambane) all of which are situated in Mozambique; and limited to a 40Km radius from the centre of such metros. Additional distances may be covered, subject to the cost thereof being for the Member’s account.

1.15 “T’s and C’s” means these terms and conditions illustrating inter alia the terms and features applicable to the Auto Assist Services, read together with the Auto Assist Application Form and the Auto Assist Benefits Table attached hereto;

1.16 “Vehicle” means the vehicle of a Member, the details of which appear on the Auto Assist Application Form.

2 GENERAL:

2.1 Auto Club shall, subject to the terms and conditions recorded herein, grant a Member access to the Auto Assist Services as detailed in clause 3 below, in the Territory, forthwith from the Activation Date, provided that the Member is not in default of his/her obligations.

2.2 Notwithstanding any other payment obligation that a Member may have in favour of Auto Club and as payment for Auto Club undertaking to provide the Auto Assist Services, the Member shall pay Auto Club the Fee, monthly in advance by debit order on the Member’s bank account as per the debit order authorisation on the Auto Assist Applica­tion Form. Auto Club may escalate the Fee upon each anniversary of the Activation Date by a percentage based on the prevailing Consumer Price Index, if deemed necessary by Auto Club.

2.3 The Auto Assist Services will commence on the Activation Date and will continue indefinitely until terminated by 20 (twenty) Business Days’ notice of cancellation in writing or any other recordable form from the Member to Auto Club. Notwithstanding the aforementioned, Auto Club reserves the right to terminate or suspend the Auto Assist Services to a Member at any given time, in the event of the Member being in breach of these T’s and C’s or should Auto Club be unable to continue the Auto Assist Services for any reason, in which event notice shall be given to the Member.

2.4 To the extent that it is required for the provision of the Auto Assist Services, the Member hereby grants Auto Club permission to access the Member’s location based/GPS services via the Auto Club App.

2.5 To the extent that it is required for the provision of the Auto Assist Services, the Member hereby grants Auto Club full permission to disclose/share any personal information and/or data of the Member to employees, agents, sub-contractors, Service Providers, suppliers and any independent contractors of Auto Club who may be involved in the provision of the Auto Assist Services.

2.6 The Auto Assist provides a Member with 24-hour access to experienced call centre agents who will help the Member through emergencies and access to the most appropriate support that the Member may need.

3 AUTO ASSIST SERVICES:

The Member will have access to the following Auto Assist Services, subject at all times to the limitations recorded herein and in the Auto Assist Benefits Table:

3.1 Roadside Assistance

3.1.1 Jump-Start Service

• Subject at all times to the conditions and limitations recorded in the Auto Assist Benefits Table.
• A Service Provider is dispatched to jump start the Member’s Vehicle.
• If the problem cannot be resolved, the Vehicle will be towed to the nearest franchised dealer, place of repair, or closest border post; storage cost will be for the account of the Member.
• An additional tow will be provided in the event of the most appropriate place of repair not being open at the time of the incident.
• Any additional costs that may become due and payable by the Member to a Service Provider will be for the Member’s own account.

3.1.2 Flat Tyre – Change of Tyre only

• Subject at all times to the conditions and limitations recorded in the Auto Assist Benefits Table.
• A Service Provider is dispatched to change a flat tyre.
• To the extent that a Member does not have a spare tyre, or more than one tyre is damaged, the Vehicle can be towed to the nearest place of repair, franchised dealer.
• Any cost of the repair of the tyre, parts and wheel balancing or similar charges are excluded and are for the Member’s own account.
• Any additional costs that may become due and payable by the Member to a Service Provider will be for the Member’s own account.

3.1.3 Fuel Assistance

• Subject at all times to the conditions and limitations recorded in the Auto Assist Benefits Table.
• Fuel assistance will only be provided at a maximum of 20 Liters per event. Members shall be required to pay for the fuel provided at the current retail fuel price.

3.1.4 Minor Roadside Assistance

• Subject at all times to the conditions and limitations recorded in the Auto Assist Benefits Table.
• Limited to repairs that a Service Provider can attend to on site.
• Any additional costs that may become due and payable by the Member to a Service Provider will be for the Member’s own account.

3.1.5 Transmission of Urgent Messages in an emergency roadside incident

• Call Centre will coordinate
• Unlimited Service
• Free of charge

3.2 Towing Assistance

3.2.1 Towing Accident

• Subject at all times to the conditions and limitations recorded in the Auto Assist Benefits Table.
• Where a covered vehicle is not drivable due to an accident, the covered vehicle shall be towed to the nearest place of repair, approved panel beater, or closest border post.
• Recovery of the Vehicle after the towing incident will be for the costs of the Member.
• Any additional costs that may become due and payable by the Member to a Service Provider will be for the Member’s own account.

3.2.2 Towing Mechanical

• Subject at all times to the conditions and limitations recorded in the Auto Assist Benefits Table.
• Where the covered vehicle is not drivable due to a mechanical breakdown, the vehicle will be towed to the nearest franchised dealer, place of repair, boarder post.
• Any additional costs that may become due and payable by the Member to a Service Provider will be for the Member’s own account.

3.2.3 Towing Electrical

• Subject at all times to the conditions and limitations recorded in the Auto Assist Benefits Table.
• Where the covered vehicle is not drivable due to a mechanical breakdown, the vehicle will be towed to the nearest franchised dealer, place of repair, boarder post.
• Any additional costs that may become due and payable by the Member to a Service Provider will be for the Member’s own account.

3.2.4 General Conditions

• Services are only available within Maputo Province (Namaacha, Ressano,Garcia, Moamba, Boane) as well as metro areas (Maputo, Matola, Xai-Xai and Inhambane) all of which are situated in Mozambique; and limited to a 40Km radius. Additional distances will be for members account.
• Services will only be rendered to validated members whose accounts are not in arrears.
• Services rendered will only be extended to the member’s vehicle.
• Auto Club reserves the right to elect the covered vehicle’s final destination.
• Where towing is needed, Auto Club’s responsibility only extends to the towing of the covered vehicle and not the trailer, caravan, boat or any cargo whatsoever.
• Auto Club reserves the right to use its own Service Providers.
• Any incidence outside of the borders of Mozambique will not be covered by this service.
• Stolen and recovered vehicles will not be covered.
• Faulty Immobilisers, lost or stolen keys and keys locked in the car will not be covered.

3.3 Accommodation Assist

Should the Member be looking for accommodation in Mozambique in a specific area and price range, Auto Club will telephonically or by SMS provide the member with relevant details of accommodation in that area and within the desired price range.

The Member will be responsible for making the booking and paying for the accommodation.

3.4 Legal Assistance

The following legal services are available to the Member pursuant to the Auto Assist Services (subject at all times to the conditions and limitations recorded in the Auto Assist Benefits Table):

3.4.1 Legal Advice

• This is an assistance service providing the ember with legal support and advice 24 hours a day, 7 days a week.
• Legal advice will be provided by a panel of qualified attorneys in the following situations:
  • If the member is pulled over whilst traveling by law enforcement agencies.
  • If the member is involved in an accident with a 3^rd party.
  • Standard legal documentation assistance.
• Legal assistance required resulting from an incident outside of the borders of Mozambique will not be covered.
• Legal representation is excluded.
• Only the verified member will be covered.
• Only personal legal matters will be covered.

3.5 Medical Assist

The following Emergency Medical Assistance services are available to the Member pursuant to the Auto Assist Services (subject at all times to the conditions and limitations recorded in the Auto Assist Benefits Table):

3.5.1 Emergency Medical Advice

• This is an assistance service providing the member with free telephonic medical advice 24 hours a day, 7 days a week. Such advice will be given by suitably qualified medical practitioner/s.

3.5.2 Emergency Medical Transportation

• In the event of an emergency, a medical response to the scene of an incident by a private or provincial Service Provider, depending on availability, will be provided.
• In the event of such an incident, emergency medical transportation from the scene of the medical emergency to the closest most appropriate facility for further medical care shall be provided.
• This appropriate facility is determined by the highest qualified paramedic at the scene of the medical emergency.
• Should the treating paramedic on the scene of the medical emergency deem that the member transported to the closest appropriate facility by air, it will be arranged for the member to be so transported.

3.5.3 General Conditions

• This service is given only on an access basis; that is, any costs incurred will be for the Member’s account and payable by the Member to the Service Provider.
• Services are only available within Maputo Province (Namaacha, Ressano, Garcia, Moamba, Boane) as well as metro areas (Maputo, Matola, Xai-Xai and Inhambane) all of which are situated in Mozambique.
• Services will only be rendered to validated Members.
• Services rendered will extend to the covered vehicle and member only.
• The company reserves the right to use its own Service Providers.
• Any incidence outside of the borders of Mozambique will not be covered by this service.

3.6 Accident Assistance

The following Emergency Medical Assistance services are available to the Member pursuant to the Auto Assist Services (subject at all times to the conditions and limitations recorded in the Auto Assist Benefits Table):

3.6.1 Accident Assist

• For the Member to avail himself of this service, the Member will be required to install a tracking device, of a type approved by Auto Club, which is sold separately and additional costs and subscriptions will apply.
• Should the member not have access to Accident assist, the member is not excluded from receiving assistance in the event of an emergency.
• The emergency control room receives a message via the tracking device that there has been a serious impact on the vehicle. A case is immediately opened and acted upon.
• Auto Club will immediately establish the vehicle’s precise street-level location and call the member, to check whether assistance is needed.
• If the member confirms that a collision took place and that assistance is required, emergency services will be notified.
• Should Auto Club not be able to get hold of the Member, then one of the emergency contact persons provided by the Member will be contacted to advise them of the accident alert and the exact vehicle location.
• A decision will then be made with your emergency contact on the best course of action to be taken.

4 DISCLAIMERS AND EXCLUSION OF LIABILITY

4.1 Except as expressly set forth in these T’s and C’s and the Auto Assist Benefits table, Auto Club does not make any representations or warranties in respect of the Auto Assist Services.

4.2 Where Auto Club or a Service Provider acting on behalf of Auto Club is directly or indirectly prevented or restricted from carrying out all or any of the Auto Assist Services by a cause beyond its control, then Auto Club cannot be held responsible for any delay or failure in providing the Auto Assist Services.

4.3 In addition to any other indemnities contained in these T’s and C’s, Auto Club will not be liable for any loss, damage, death, injury, costs and expenses of whatsoever nature which a Member may suffer or sustain as a consequence of any act or omission by Auto Club or a Service Provider acting for and on behalf of Auto Club, notwithstanding any negligence on the part of Auto Club or a Service Provider, provided only that Auto Club is entitled in law to contract out of such liability.