Honey Smart Home App Terms And Conditions
This Agreement applies to the Honey Smart Home mobile application and sensor system. The terms and conditions governing Honey Insurance coverage are detailed in the main Terms and Conditions (www.honeyinsurance.com/terms). In case of a conflict, this Agreement governs app and sensor system matters, while the main Terms and Conditions govern all other matters.
Important Notice
Please read this agreement carefully. By accessing or using the Application, clicking "I Accept", completing the registration process, or downloading the Application, you accept and agree to be bound by this Agreement. If you do not agree to these terms, you must not use the Application.
You Represent That:
- You have read, understand, and agree to be bound by this Agreement
- You are over 18 years old to form a binding contract with Honey Insurance
- You have the authority to enter into this Agreement personally or on behalf of the entity you represent
Nothing in this agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian consumer law or any other applicable law that cannot be excluded, restricted or modified by agreement.
The Honey Insurance Sensor System
Overview
The Honey Insurance sensor system provides multi-function sensors ("Sensors") that monitor certain events on your property based on tasks you assign, including but not limited to temperature monitoring, leak detection, mould detection, and motion detection ("Tasks"). The system consists of Sensors, communication bridge(s), the Application and associated services (collectively, the "System"). The System operates as a self-monitored system that sends notifications to your mobile device through the Application based on the Tasks you assign to Sensors.
Third Party Integration
The System may provide opportunities to interface with third party products and services ("Optional Services"). Your consent is required and revocable for any such integration. When authorised, we may exchange information including personal information to enable the integration. Use of Optional Services is governed by separate terms provided by their operators. Honey Insurance makes no representations about Optional Services and is not responsible for their use.
Changes To This Agreement Or The System
Changes To The Agreement
We may modify this Agreement at any time at our discretion. Changes will be posted at www.honeyinsurance.com/terms and within the Application. Changes become effective 30 days after posting. Your continued use of the Application indicates acceptance of changes.
Changes to the System
We reserve the right to modify the System, including the Application, Services, Sensors and fees at any time, with or without notice, to the extent permitted by Australian Consumer Law.
Your Rights
If any material change negatively affects your use of the System, you may cancel your services. You accept changes by continuing use beyond 30 days after notification.
System Requirements and Limitations
Basic Requirements
The System requires:
- A working 2.4GHz Wi-Fi network with reliable coverage.
- A registered account.
- A compatible iPhone or Android device.
- Always-on broadband internet access.
- Continuous power supply.
- Other elements as specified by Honey Insurance.
You are responsible for ensuring these requirements are met and properly configured. The System may not function if these requirements are not met.
Limitations
The System is designed for informational purposes and is not a certified security or emergency response system. While we strive for high reliability, the System:
- Is not intended to be 100% reliable or available.
- May experience interruptions due to Wi-Fi issues, service provider outages, or other factors.
- Should not be relied upon for emergency or life-safety purposes.
- Is not a substitute for proper insurance coverage.
You acknowledge that the System is not an alarm system, does not have an audible alarm, does not have battery back-up, will not work if power is lost, and should not be relied on to function like an alarm system.
Communications
You acknowledge that:
- The System communicates over various networks and systems.
- Communication may be affected by network conditions, equipment issues, or maintenance.
- Service interruptions may occur.
- Honey Insurance is not liable for communication failures.
Your Obligations
Eligibility To Use The System
To access and use the Honey Insurance mobile application and sensor system, you must meet the following eligibility criteria:
- You must be at least 18 years old.
- You must be an active Honey Insurance policyholder.
- You must reside in Australia.
If you do not meet these requirements, we reserve the right to restrict or revoke your access to the app and related services.
Acceptable Use
The system may be used for:
- Best effort and general monitoring for temperature, leaks, and door/window opening on your property.
- Assigning tasks to Sensors to receive notifications for specific events.
- Receiving and reviewing alerts or notifications sent by the System based on assigned tasks.
You must not:
- Infringe others' intellectual property rights.
- Engage in unlawful, threatening, or abusive behaviour.
- Send unauthorised advertising or spam.
- Impersonate others.
- Interfere with the System's proper functioning.
- Attempt to harm or compromise the System's security.
Testing and Maintenance
You must:
- Ensure the System remains operational by testing it regularly.
- Test the System after any power outage or system changes.
- Notify us within 7 days if the System is not operational or experiencing issues.
- Follow our maintenance recommendations to keep the System functioning properly.
- Adhere to the installation and setup instructions to ensure optimal performance.
Account Management
You are responsible for:
- Providing accurate registration information.
- Maintaining current contact details.
- Keeping account credentials secure.
- Monitoring account usage.
- Notifying us of unauthorized access.
Privacy and Data
Data Collection and Use
We collect and use data in accordance with our Privacy Policy and applicable Australian privacy laws. While this section describes data collection specific to the System, please refer to our main Privacy Policy for comprehensive information about how we handle your personal information. System-specific data collection includes:
- System performance data.
- Usage patterns.
- Alert and notification data.
- Personal information necessary for service provision.
All data collected through the System is subject to the privacy protections and rights detailed in the Privacy Policy. This includes data collected from Sensors that may be used to provide insurance benefits, discounts, or improved services as described in those terms.
Data Storage and Security
- Data is stored securely in accordance with Australian privacy principles.
- We implement reasonable security measures.
- We retain data in accordance with our data retention policies outlined in the Privacy Policy.
Third Party Access
- We may share data with service providers.
- Third party access requires your authorisation.
- We remain responsible for data handling by our providers.
- You control third party integrations.
Intellectual Property
Ownership
- The Application and Intellectual Property are owned by Honey Insurance.
- You receive a limited licence to use the System.
- No ownership rights are transferred to you.
- Our intellectual property rights are reserved.
Licence Terms
You may:
- Use the Application for personal purposes.
- Create account data and content.
- Access System features as provided.
You may not:
- Modify or create derivative works.
- Reverse engineer the System.
- Remove proprietary notices.
- Use the System commercially without authorisation.
Support and Maintenance
For general support services, please refer to our main Terms and Conditions. This section covers only System-specific support matters.
Updates
- We may provide System updates.
- Updates may be automatic.
- You consent to automatic updates.
- Updates may be required for continued use.
Technical Support
- You should contact Honey Insurance for technical support details on how to contact us can be found at honeyinsurance.com.au.
- Support availability may vary.
- Self-help resources are provided.
- Additional support may incur fees.
Termination
Termination Rights
Either party may terminate this Agreement:
- You may terminate at any time by ceasing use.
- We may terminate for breach of terms.
- We may terminate if required by law.
- We may terminate if we cease providing the Service.
- We may terminate if you are no longer eligible for the Service.
Effect of Termination
Upon termination:
- Access rights cease.
- Data may be deleted.
Warranties and Consumer Guarantees
These warranties and guarantees are specific to the System and supplement the general warranties and guarantees in our main Terms and Conditions.
Consumer Guarantees
Our goods and services come with guarantees under the Australian Consumer Law, including:
- Acceptable quality.
- Fit for purpose.
- Due care and skill.
- Reasonable time for supply.
These guarantees cannot be excluded by this Agreement.
Limited Warranty
Subject to your rights under Australian Consumer Law, we warrant that:
- The System will function substantially as described.
- Services will be provided with reasonable care.
- We will comply with applicable laws.
Warranty Exclusions
Subject to Australian Consumer Law, we do not warrant:
- Uninterrupted or error-free operation.
- Fit for purposes not described.
- Third-party products or services, including their performance or availability.
- Absolute accuracy of the outputs or data provided by the System, as presented in the Application.
Liability
Limitation of Liability
To the maximum extent permitted by law and subject to your rights under Australian Consumer Law:
- We limit our liability for breach of non-excludable guarantees.
- Our total liability is limited to the cost of resupplying the relevant goods or services.
If a guarantee under the Australian Consumer Law applies to our goods or services and our breach of that guarantee cannot be excluded but can be limited, our liability is limited to:
- In the case of services – resupplying the services or paying the cost of having the services supplied again.
- In the case of goods – replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of replacement, supply of equivalent goods, or repair.
Your Liability
You are liable for:
- Breach of this Agreement.
- Misuse of the System.
- Unauthorised access.
- Third party claims arising from your use.
Dispute Resolution
Process
For disputes:
- Contact our customer service at support@honeyinsurance.com
- Escalate to management if needed
- Seek external dispute resolution through the Australian Financial Complaints Authority (AFCA) if applicable
- Pursue legal remedies if necessary
Governing Law
This Agreement is governed by:
- Laws of the State of New South Wales.
- Australian Consumer Law.
- Other applicable Australian laws.
Jurisdiction
Courts of New South Wales have non-exclusive jurisdiction.
General Provisions
Entire Agreement
- This Agreement constitutes our entire agreement regarding the Application.
- Prior agreements are superseded.
- Additional terms may apply to specific features.
Severability
- Invalid provisions are severable.
- Remaining provisions continue in effect.
- Invalid provisions will be interpreted to achieve intent.
Assignment
- We may assign our rights.
- You may not assign without consent.
- Assignment does not affect your rights.
Force Majeure
Neither party is liable for events beyond reasonable control, including:
- Natural disasters.
- Power failures.
- Government actions.
- Network disruptions.
Notices
- We may provide notices electronically.
- You must maintain current contact information.
- Notices are effective upon sending.
Contact Information
For all inquiries regarding this Agreement or the System:
- Email: support@honeyinsurance.com
- Phone: 137 137
- Mail: PO Box 129, Surry Hills NSW, 2010
Definitions
"Australian Consumer Law" means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
"Honey Insurance" means Honey Insurance Pty Ltd ABN 52 643 672 628.
"Optional Services" means third party products and services that may interface with the System with your consent.
"Sensors" means the multi-function sensors that form part of the System.
"Smart Home Program" means Honey Insurance's program that provides insurance benefits to policyholders who use the System.
"System" means the Honey Insurance sensor system consisting of Sensors, communication bridge(s), the Application and associated services.
"Tasks" means the monitoring functions assigned to Sensors, including temperature monitoring, leak detection, and motion detection.
"Application" refers to the Honey Insurance mobile software program designed for installation on compatible smartphones and other devices, enabling users to interact with the System, receive notifications, and monitor their home.
"Intellectual Property" refers to all proprietary rights, including but not limited to patents, copyrights, trademarks, trade secrets, and any other legally recognised rights in software, designs, algorithms, data, documentation, and other proprietary materials related to the System and "Application".