Terms and Conditions

Drive Change Program and Drive Change App Terms and Conditions

View previous version (Mar 2024) here

See your Certificate of Automobile Insurance for which automobile(s) this change applies to.

PLEASE NOTE: If You agree to enrol in the Drive Change Program, these Terms and Conditions constitute an endorsement that amends and forms part of the terms and conditions of Your auto insurance Policy with Wawanesa. It is therefore important that You read and understand these Terms and Conditions, including any amendments to them.

The Drive Change Program is a usage-based telematics program that is operated and administered by Wawanesa through the Drive Change App. You will therefore be required to download, Activate (as defined below) and agree to all of the terms and conditions regarding usage of the Drive Change App on Your mobile phone and to all of these Terms and Conditions in the Drive Change App in order to participate in the Drive Change Program. You may also be required to agree to amendments to the terms and conditions regarding usage of the Drive Change App or amendments to these Terms and Conditions in order to continue to participate in the Drive Change Program.

All other terms and conditions of the Policy remain the same.

GLOSSARY

Unless defined elsewhere in these Terms and Conditions, the following terms have the following meanings:

“Activate” or “Activated”: means downloading the Drive Change App, agreeing to these Terms and Conditions within the Drive Change App, and granting the required mobile permission settings as instructed in the Drive Change App;
“Certificate of Automobile Insurance”: means the certificate of automobile insurance provided to You by Wawanesa as part of Your Policy documents;
“Collected Data”: means any and all Data and information either entered by You or collected by the Drive Change App related to the Program, including any Trip Data and Personal Information that is inputted, collected or used by the Program;
“Content”: has the meaning set out in section 7.3;
“Data”: means any information, including Personal Information, that is collected by or through the Drive Change App.
“Data Collection Period”: has the meaning set out in section 2.3;
“Deactivate” or “Deactivated”: means removing the required mobile permission settings in the Drive Change App;
“Device Lock”: has the meaning set out in section 8;
“Drive Change Adjustment”: refers to the use of Your Collected Data to create a personalized Premium based on Your driving behaviour as set out in section 2.5.2;
“Drive Change App”: means the Wawanesa mobile application;
“Driving Result”: has the meaning set out in section 2.5.3;
“Driving Score”: has the meaning set out in section 2.4;
“Enrolled Driver”: means any person who has enrolled and remains enrolled in the Drive Change Program;
“Enrolment Discount”: is the one-time enrolment discount referred to in section 2.5.1;
“Feeback”: has the meaning set out in section 7.10;
“Laws”: has the meaning set out in section 7.9;
“Named Insured”: means the individual named as the named insured in a Policy;
“Personal Information”: means all information about an identifiable individual. It includes, but is not limited to, an individual’s name, address, mobile phone number, email address, and the Trip Data;
“Policy”: means an automobile insurance policy issued by Wawanesa. It includes the Certificate of Automobile Insurance Page(s), any endorsements and changes to the Policy, and the Terms and Conditions;
“Policy Term Effective Date”: is the effective date of Your Policy stated on the Certificate of Automobile Insurance;
“Premium”: means the amount that is payable on a Policy;
“Principal Driver”: means the person declared by the Named Insured as the person who drives an Enrolled Vehicle the most and is listed as the Principal Driver on Your Certificate of Automobile Insurance;
“Privacy Terms”: has the meaning set out in section 3;
“Program”: means the Drive Change Program;
“Term”: means the term of Your Policy;
“Trip”: means any trip recorded by the Drive Change App resulting from the operation of any automobile by an Enrolled Driver;
“Trip Data”: means all of the driving data collected during Trips and includes the information referred to in section 3.4;
“User Information”: has the meaning set out in section 8;
“Wawanesa”, “we” and "us”: refers to The Wawanesa Mutual Insurance Company;
“You” and “Your”: refers to each Enrolled Driver;

1. Introduction to The Drive Change Program

The Drive Change Program is an optional and voluntary usage-based automobile insurance program provided by Wawanesa that provides a personalized premium calculated based on your driving habits such as how well you drive, where you drive, and when you drive. These driving habits are assessed at renewal referred to as your Drive Change Adjustment, putting you in control of your Premium. Your Premium may increase, decrease, or remain unchanged when you participate in the Program.

When you enrol in the Program for the first time, you will be entitled to benefit from a one-time Enrolment Discount. This is a discount provided by Wawanesa to all Drive Change Enrolled Drivers to welcome you to the Program. The Enrolment Discount will be in place for the first Policy Term as long as You meet the criteria set out in section 2.5.1.

On Your Drive Change Adjustment, Your Enrolment Discount may be replaced by Your Driving Result. The Driving Result is a potential discount based on Collected Data for the following driving events including, but not limited to, smooth driving, speed, mobile use while driving, time of day during which Trips are made, and road risk.

To find out the Program’s possible effects on your Premium, read our Frequently Asked Questions (FAQ) on our website at Wawanesa.ca.
The Drive Change Program is a voluntary program, which means that You are not required to participate in the Program in order to purchase a Policy with Wawanesa. You are also not required to enrol every Principal Operator listed on your Policy in the Program. The drivers enrolled must also meet the eligibility criteria as described in section 2.1.

You may unenrol from the Program at any time. For more information on how to unenrol drivers, read our Frequently Asked Questions (FAQ) on our website at Wawanesa.ca.

By accepting the Terms and Conditions in the Drive Change App, You will be deemed to have read and to be bound by these Terms and Conditions at all times while you are enrolled in the Program.

If an Enrolled Driver does not agree to be bound by these Terms and Conditions on the additional Policy, they must be unenrolled from the Program on that Policy.

Changes to these Terms and Conditions may be made either at renewal or during the Term of your Policy. You will be deemed to have accepted any changes to the Terms and Conditions from the time of notice. You must unenrol from the Program if You do not agree with any changes to the Terms and Conditions.

2. Information about The Program

2.1 Eligibility for the Program

To enrol a driver in the Program and for a driver to remain eligible:

Enrolled drivers must qualify for the Program as determined in accordance with the unique eligibility rules that apply to the Program;
Enrolled drivers must be assigned to a private passenger vehicle that has liability coverage at the time of enrolment.

2.2 Requirements of an Enrolled Driver

To enrol and remain enrolled in the Program, all Enrolled Drivers must:

hold a valid driver's license and remain listed as a driver of a vehicle;
provide Wawanesa with their email address and a mobile phone number that is unique to them. Enrolled Drivers must have their own mobile device and are not permitted to share mobile devices or install the Drive Change App on multiple mobile devices. All Enrolled Drivers, must ensure that both their email address and mobile phone number remain valid throughout their participation in the Program and consent to receive email and text messages.
download and Activate the Drive Change App on a mobile device with a compatible operating system within 15 calendar days of the welcome email being sent:
- the mobile device must be either an “Android” or “iOS” (i.e. iPhone) smartphone device;
- the operating system of Your mobile device must be supported by one of the last three major operating systems; and
- the Drive Change App must be installed and updated when required.
have and maintain either a cellular network data plan or have Wi-Fi access on the mobile device for as long as the Enrolled Driver is participating in the Program, allowing the Drive Change App to transfer data to Wawanesa Insurance and our service providers. For more information regarding cellular network data and/or Wi-Fi requirements and options, read our Frequently Asked Questions (FAQ) on our website at Wawanesa.ca;
agree to these Terms and Conditions;
grant the required mobile permission settings as instructed in the Drive Change App.

2.3 Data Collection Period

The Data Collection Period is defined as the period commencing on the date that You Activate the Drive Change App, and ending on the date that We generate the renewal documents, including a renewed Certificate of Automobile Insurance, for the renewal of Your Policy, provided that Your Policy remains valid and active during the applicable Term.

The Drive Change App will continue to operate during the interim period commencing at the end of a Data Collection Period and ending on the date on which Your Policy renews for a new Term. All Collected Data during this interim period will form part of the Data Collection Period corresponding to the renewed Policy Term in order to determine Your Driving Score and to calculate Your Premium for the subsequent Policy Term.

2.4 Driving Score

The Trip Data collected during each Trip will be used to determine Your Driving Scores. The Driving Scores will be presented in the Drive Change App as scores out of 100 (“Driving Score”).

Driving Scores will be based upon an Enrolled Driver’s driving behaviour and driving context. Driving behaviour includes, but is not limited to, smooth driving or speeding, braking, cornering, accelerating or decelerating and any distracted driving during a Trip, including mobile phone use while driving. Driving context includes, but is not limited to, the road type and any road risk, time of day of the Trip, distance travelled and day of the week. These driving events and factors will be continuously monitored and collected while You remain in the Program.

Your overall Driving Score is created by averaging all of Your individual Driving Scores from Trips throughout the Data Collection Period. The overall Driving Score is adjusted after each Trip, whether or not the automobile You are driving is insured under the Policy.

The Drive Change App requires You to indicate whether You are the driver or a passenger for each Trip. If you fail to do so, the Drive Change App may automatically assign you as a driver or passenger. Only Trips where You are the driver will be counted towards the Driving Score.
If You are not automatically assigned and You are a passenger for a Trip but do not select Your status as a passenger in the Drive Change App within 24 hours of the end of the Trip, You will be automatically attributed as the Driver for that Trip.

The following will NOT count towards the overall Driving Score:

Trips where You are assigned as a passenger (not the driver) for the Trip;
Trips less than 500 meters;
Trips that were not recorded due to insufficient battery (battery not adequately charged).

The purpose of the overall Driving Score is to determine Your potential Driving Result.

2.5 Program Premiums

There are two elements of the Program that may affect Your Premium while You are enrolled. They are:

A one-time Enrolment Discount, applied upon enrolment in the Program; and/or
Annual Drive Change Adjustments.

2.5.1 The One-Time Enrolment Discount

When You enrol in the Program for the first time, You will benefit from a one-time Enrolment Discount provided by Wawanesa to Enrolled Drivers to welcome You to the Program.

Wawanesa uses the Enrolment Discount in place of a Driving Result until there is enough Trip Data to produce a Driving Result for an Enrolled Driver.

The Enrolment Discount will be removed and replaced with a Driving Result at the end of Your first Data Collection Period if You have at least 1000 kilometers attributed to You. If You do not have at least 1000 kilometers attributed to You by the end of the Data Collection Period, You will lose Your Drive Change Enrolment Discount and be removed from the Drive Change Program.

After requesting to be removed or after being removed from the Drive Change Program for any reason, if You request to re-enrol or We agree to re-enrol You in the Program, You will not be eligible to receive the Enrolment Discount and it will not be applied if You have already benefitted from the Enrolment Discount at any time prior to Your re-enrolment.

If You have been or are currently enrolled in the Program and We have a Driving Score for you, We will use the Driving Score that was applied on the last Drive Change Adjustment to provide You with a Driving Result in lieu of an Enrolment Discount.

2.5.2 Drive Change Adjustments

The Drive Change Adjustment is determined from the Trip Data that is collected during the Data Collection Period. It is applied as a rating factor to the Premium, on the first day of the following Data Collection Period.
The Drive Change Adjustments has one component:

Your behaviour-based Driving Result

The Driving Result will be applied to the following coverages:

Collision or Upset
Comprehensive
All Perils
Specified Perils
Direct Compensation for Property Damage (DCPD)
Third Party Liability – Bodily Injury
Third Party Liability – Property Damage
Accident Benefit

The Named Insured will receive an updated Certificate of Automobile Insurance including an Automobile Billing Statement indicating any adjustment in Premium on renewal.

For the Policy Term following a given Data Collection Period, the Drive Change Adjustment may result in a change to Your Premium. Your Premium may decrease, increase, or remain unchanged as a result of the application of Your Driving Result to Your Premium for the preceding Policy Term. as applicable.

2.5.3 Driving Result

The Driving Result is a percentage discount applied to Your Premium based on Your overall Driving Score for that Data Collection Period. For more information on how discounts apply to Your Premium, read our Frequently Asked Questions (FAQ) via our website at Wawanesa.ca.

To be eligible to receive a Driving Result on Your Drive Change Adjustment, You must have a minimum of at least 1,000 kilometers attributed to You during your Data Collection Period.

Once We apply a Driving Result to Your Premium on a Drive Change Adjustment, We will continue to apply the same Driving Result on future Drive Change Adjustments unless You drive than 1000 kilometers attributed to You in a new Data Collection Period and Your Driving Score has changed.

To help You understand how Your driving habits will affect Your Driving Result on Your next Drive Change Adjustment, We provide You with Your projected Driving Result in the Drive Change App. This is a projection only and may not be representative of the actual Driving Result applied on Your Drive Change Adjustment.

2.5.4 Other Considerations That Affect Premium

Your Drive Change Adjustment is one of many considerations used to determine the overall Premium.
At each renewal, Your Premium may be higher or lower based on factors that are independent from Your Drive Change Adjustments. These other factors, include, but are not limited to rating criteria, such as accidents and driving convictions.

3. Privacy

Protecting Your privacy and the confidentiality of Your Personal Information is of utmost importance to Us. As a result, We have implemented a number of measures to safeguard Your Personal Information.

The Drive Change Privacy Terms together with Wawanesa’s Privacy Policy (collectively, the "Privacy Terms"), as amended from time to time, will apply at all times while an Enrolled Driver is enrolled in the Program. Wawanesa’s Privacy Policy is available at https://www.Wawanesa.ca/privacy.

By accepting and/or consenting to these Privacy Terms and any subsequent changes communicated to You by Us, You are deemed to have read and agreed to the Privacy Terms and to have consented to the collection, use and disclosure of Your Collected Data as described in the Privacy Terms.

3.1 The Drive Change App and Your Personal Information

The Drive Change App collects, uses, and discloses Your information in accordance with the Wawanesa Privacy Policy. In addition to the information collected or provided to Us and governed by the Wawanesa Privacy Policy, the Drive Change App collects Personal Information that You provide Us through the Drive Change App. This can include, but is not limited, to information relating to changes to Your Policy (such as adding or removing drivers or vehicles), changes to Your contact or billing information, and information relating to claims.

3.2 Purposes for which We Collect and Use Collected Data

If You are enrolled in the Program, We will collect, use, and disclose Collected Data for the following purposes:

To operate and administer the Program;
For detecting or suppressing fraud or for preventing fraud;
To investigate, assess and adjust claims;
For general analytics, research and business intelligence purposes.

Please note that Collected Data may be accessed from, processed and stored in a foreign jurisdiction by Wawanesa’s service providers. Your Collected Data may therefore be accessed by the courts, law enforcement and the national security authorities of a foreign jurisdiction when it is processed and stored abroad.

3.3 Purposes for which Collected Data Will Not Be Used

The Collected Data will not be used:

to cancel Your automobile insurance Policy; or
to refuse to issue or renew an automobile insurance Policy.

3.4 The Collection of Your Personal Information and Collected Data when You are enrolled in the Program

The Drive Change App will start collecting and processing Trip Data when Your mobile device’s internal sensors indicate to the Drive Change App that a Trip has started. In order for Your mobile device’s sensors to operate, Your mobile device must be turned on at all times.

The Drive Change App will automatically assign the Enrolled Driver as a passenger or a driver on each trip and, at times, may display Trips even if the Enrolled Driver was a passenger during that Trip (including, for example, while riding in public transit vehicles). It is up to the Enrolled Driver to ensure that the Trip records are updated within 24 hours of the Trip so that Trip records reflect whether or not the Enrolled Driver was the driver or a passenger for any given Trip.

The Drive Change App will not collect Collected Data before Your mobile device’s internal sensors indicate that a Trip has started. The Drive Change App will stop collecting Collected Data when Your mobile device’s internal sensors indicate that a Trip has ended. Collected Data identifying either movement or Trips of less than 500 meters will not be recorded. The Drive Change App will collect Trip Data with respect to each Trip that may include, but is not limited to, the following:

Information you provide to Us (e.g. photo uploads)
Information about your mobile device (e.g. Phone model, device ID and OS version)
Information you have permitted the App to access via the App’s permissions

The App may also access and collect the following data from your mobile device:

Device background location through network and GPS (to enable the App to automatically detect trips)
Phone calls and read status/identity (to allow phone calls to be made through the App)
Wifi, and network status and connections

The Drive Change App will also collect information related to:

Speed (met or exceeded)
Acceleration (smooth or sudden)
Braking (soft or hard)
Turns (smooth or abrupt)
Distracted driving (stopped or moving)
Travel times (night or day)
Roads used (highways or secondary roads)

3.5 Access to Trip Data Prior to Effective Date of Enrolment

Once you have downloaded and Activated the Drive Change App, the Drive Change App will start accessing a limited amount of Trip Data. The Trip Data accessed prior to the effective date of Your enrolment will be used to calculate Your Driving Score. This Trip Data is being collected by the Drive Change App for the limited purpose of enabling the Drive Change App to seamlessly start tracking driving behaviour once the app is activated after enrolment in the program.

4. Termination

4.1 Ending Participation in the Program

If your participation in the Program is terminated or comes to an end for any reason (whether by You, by Us, or otherwise) or if the Program is terminated, the Drive Change App will stop collecting Your Collected Data. Your unenrolment in the Program will have no effect on the validity and renewal of Your Policy provided that You continue to be eligible for a Policy with Wawanesa. However:

If, for any reason, You request to re-enrol, or We agree to re-enrol You in the Program, You will no longer be eligible to receive an Enrolment Discount or Drive Change Adjustment.
Your Premium will be adjusted accordingly as of the date of your unenrolment from the Program (not the date of Your deactivation of the Drive Change App);

If you decide, or we permit you, to re-enrol in the Program, your last Driving Score used to derive your Driving Result will be applied to your Premium upon re-enrolment in place of an Enrolment Discount.

4.2 If You Opt Out

You may end your participation in the Program at any time subject to the terms described in Section 4.1, above. Please see the FAQ section on the Wawanesa.ca website on how to end your participation. You will need to contact Your broker to process Your withdrawal from the Program.

If You opt out of the Program before you have at least 1000 kilometers attributed to you in a Data Collection Period:

You will no longer be eligible to receive an Enrolment Discount and Drive Change Adjustment. We will not use any Collected Data obtained before Your unenrolment date to personalize Your Premium.

If You opt out of the program after you have at least 1000 kilometers attributed to you in a Data Collection Period:

You will no longer be eligible to receive an Enrolment Discount and Drive Change Adjustment.

4.3 If We Terminate Your Enrolment

We reserve the right at our sole discretion to terminate your enrolment in the Program at any time.

Circumstances under which we may terminate your enrolment in the Program include, but are not limited to:

where You do not comply with any part of these Terms and Conditions;
where You no longer meet the Eligibility for the Program criteria as outlined in section 2.1.
where You no longer meet the Requirements of an Enrolled Driver as outlined in section 2.2;
if, at the time of enrolment, You do not Activate your Drive Change App within 15 calendar days of the welcome email being sent;
if We determine that the Drive Change App has been disabled, Deactivated, or deleted from Your mobile device;
if We are not able to capture an accurate assessment of Your driving behaviour, or if we have grounds to believe that the Collected Data is not reflective of Your actual driving behaviour;
if we have grounds to believe that there appears to be any misuse of the Application (e.g., tagging a trip as a passenger trip when you were the driver or demonstrating a pattern of pausing and/or disabling of the Application) suggesting that your recorded driving behaviour may not be representative of your actual driving behaviour.
if You reside in or the Vehicle is used in certain regions where cellular coverage is non-existent or insufficient; or
where there has been a material change in Your risk characteristics.

Before We terminate your participation in the Program, We will notify You to explain that We will unenrol You from the Program unless the situation giving rise to our decision to terminate Your participation in the Program is remedied to our satisfaction.

If We terminate Your enrolment in the Program before You have at least 1,000 kilometers attributed to You in a Data Collection Period:

We will remove Your Program Enrolment Discount
We will not use any Collected Data obtained before Your unenrolment date to personalize Your Premium.

If We terminate Your enrolment in the Program after You have at least 1,000 kilometers attributed to You in a Data Collection Period:

You will no longer be eligible to receive an Enrolment Discount and Drive Change Adjustment.

If We terminate Your enrolment in the Program, Your re-enrolment in the Program will be at Wawanesa’s discretion.

4.4 Automatic Termination of Enrolment in the Program

If a Principal Driver on a particular Vehicle unenrolls or is terminated from the Program, this endorsement will be removed automatically as of the date that the Principal Driver is terminated from the Program.

4.5 Voluntary Unenrolment in the case of Multiple Policies or Vehicles

If an Enrolled Driver is enrolled in the Program under more than one policy at the same time, unenrolment from the Program on one policy will result in unenrolment from all policies associated with the enrolled driver.

4.6 Suspension or Termination of the Program

We maintain the right to suspend or terminate the Program at any time. In addition, the Program may be amended or modified from time to time.

5. Information About The Drive Change App and Technical Requirements to Use The App

Your use of the Drive Change App is voluntary, and You are not required to use the Drive Change App to have a Policy with Wawanesa. You may stop using the Drive Change App at any time in accordance with these Terms and Conditions.

5.1 Technical Requirements for using the Drive Change App

In order to use the Drive Change App, You must at all times maintain the following minimum technical requirements:

the operating system (the “OS") of Your mobile device must be either “Android” or “IOS” (i.e. iPhone) and should be supported by one of the last 3 major OS versions available.
if Your mobile device runs Android, You must install Google Play Services and install the latest version of the application when an update becomes available;
You must have a data plan with Your mobile carrier for the applicable mobile device (the Drive Change App may use some of Your mobile device's data capacity);
You have provided a valid email address; and
You have downloaded the Drive Change App and agreed to these Terms and Conditions and have accepted any amendments to the Terms and Conditions as described above.

5.2 Transferring the App to Another Smartphone

If You would like to use the Drive Change App on another phone You will need to download the Drive Change App on the new phone and sign into Your account to start tracking your Trips. You will need to make sure all the settings on the new phone are set as required to track Your driving. The previous device will stop recording trips and an error message will be displayed on the Drive Change App dashboard of the old device.

5.3 Termination, Suspension, Blocking, and Cancellation of Your use of the Drive Change App

You may terminate Your use of the Drive Change App at any time by uninstalling or deleting the Drive Change App. Your termination of the use of the Drive Change App does not cancel a Policy. If You want to cancel a Policy You will have to contact Your broker or follow directions for cancelling a Policy as communicated or made available to You by Us from time to time.
We may terminate Your use of the Drive Change App in the event of non-compliance with these Terms and Conditions. In addition to any termination rights in these Terms and Conditions, We may suspend, cancel, block access to, or use of, the Drive Change App at Our sole discretion at any time without penalty to Us and with notice to You.
We may modify or terminate the Drive Change App at any time for any reason with reasonable notice to You.

6. Disclaimer of Performance

Wawanesa, and each of our affiliates, makes no representations, warranties, guarantees, or conditions of any kind, whether express, implied, statutory or collateral, or arising from a course of dealing, or usage of trade, with respect to the performance of your mobile device, the Drive Change app, and the data generated by your mobile device.

7. Use of the Drive Change App

7.1 Licence

Provided You comply with these Terms and Conditions, We grant You a revocable, limited, non-transferrable, non-exclusive, personal licence to use the Drive Change App on any mobile device that You own or control and that satisfies the requirements set out in section 5.1 of these Terms and Conditions. We have the right to grant You this licence to use the Drive Change App and also have the right to terminate this licence at any time, in accordance with these Terms and Conditions. Any use of the Drive Change App must also be in accordance with the applicable usage rules detailed in the Apple App Store® terms and conditions or the Google Play® Terms of Service, whichever is applicable.

7.2 Drive Change App Updates

If We upgrade, update or modify the Drive Change App including but not limited to bug fixes, patches and new versions provided to You (collectively the “Updates”), You may be required to promptly install the Updates in order for You to be able to continue to access and use the Drive Change App. Your failure to promptly install Updates may result in Our termination of Your access to the Drive Change App. We may provide You with prior notice of the Updates. However, if the Updates are for the proper functioning of the Drive Change App, or safety or security of the Drive Change App or any systems or networks, then You may not receive prior notice of such Updates. We are not under any obligation to publish Updates.

This section 7.2 does not apply to updates relating to any Special Insurance Programs in which You may be enrolled and the Privacy Terms. For updates relating to Special Insurance Programs please see the terms and conditions that apply to that program. For updates relating to the Privacy Terms, please see section 3 of these Terms and Conditions.

7.3 Proprietary Rights

The Drive Change App is licensed, not sold, to You. The Drive Change App, including all text, graphics, user and visual interfaces, trade-marks, logos, computer code, documentation and other content (collectively, the "Content"), is the exclusive property of its lawful owner and is protected by copyright, trade-mark and other intellectual property laws. We also own the Data gathered by the Drive Change App, other than Your Personal Information.

7.4 Trade-marks

Certain names, graphics, logos, icons, designs, words, titles or phrases on the Drive Change App or website including, without limitation, Drive Change™, (and the corresponding French names, graphics, logos, icons, designs, words, titles or phrases) are trade names, or trade-marks owned by Wawanesa insurance Company and/or its affiliates. Trade-marks may be registered in Canada and in other countries as applicable. Wawanesa’s trade-marks are, in most cases, accompanied by an appropriate trade-mark symbol such as ®, or ™or similar notation to indicate Wawanesa’s or its affiliates’ ownership. The display of trade-marks on the Drive Change App does not imply or confer a licence of any kind has been granted to You or anyone else. Any unauthorized downloading, re-transmission or other copying or modification of trade-marks and/or the contents herein may be a violation of federal, provincial or common law including trade-mark and/or copyright laws and may subject the person copying to legal action.

7.5 Licence Restrictions and Acceptable Use

Except as expressly provided in these Terms and Conditions, no part of the Drive Change App or Content may be copied, reproduced, sold, rented, leased, lent, redistributed, sublicensed, republished, reposted or otherwise distributed for public or commercial use. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of, the Drive Change App or any part of it. You may not use the Drive Change App for any purpose that is illegal, fraudulent or infringes or misappropriates another person’s rights. You agree to comply with any other requirements, restrictions or limitations provided by Us upon notice to You. You further agree to comply with any requirements, restrictions or limitations provided by a third party (including the app store provider, Your mobile device provider or Your wireless services carrier) relating to Your use of the Drive Change App. You may not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the Drive Change App or Content. You may not use the Drive Change App or the Content in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users. You may not collect or harvest any information or data from the Content or our systems or attempt to decipher any transmissions to or from the servers hosting the Content.

7.6 Cellular or Wireless Service

The Drive Change App transmits data via Your wireless carrier or accessible Wi-Fi network. We are not responsible or liable for any charges and expenses associated with the use of the Drive Change App or any other applications. The availability of the Drive Change App may occasionally be restricted, interrupted or discontinued due to conditions such as, but not limited to: application design, network coverage, government regulation, or other situations beyond our control.

7.7 Disclaimer of Warranty

The Drive Change app is provided "as-is," with all faults," and "as available." We, and each of our affiliates, make no representations, warranties, guarantees, or conditions of any kind, whether express, implied, statutory, or collateral, or arising from statute, course of dealing, or usage of trade, including, but not limited to, implied representations, warranties, or conditions of merchantability, merchantable quality, fitness for a particular purpose, title, and non-infringement. We do not warrant that the functionality or operation of the Drive Change app or the server(s) that make it available are free of viruses or other harmful conditions or components. By using the Drive Change app on your mobile device, it is possible that the warranties covering your mobile device are voided, that your mobile device may be corrupted, and that your property may be damaged. You agree that your use of or inability to use the Drive Change app is at your sole risk. You further acknowledge and agree that your use of the Drive Change app does not guarantee that you will receive or enjoy any benefits, credits or other advantages or perks, nor does your use of the Drive Change app in any way restrict your liability for any fines, penalties, or other measures that may be levied against you by any applicable regulator or governmental authority.

7.8 Limitation of Liability

You agree that, to the extent not prohibited by law, we and our affiliates and our/their officers, directors, shareholders, employees, agents, and subcontractors disclaim all liability, whether based in contract, tort, negligence, strict liability, or otherwise, for damages of any kind (including, but not limited to: direct, indirect, incidental, consequential, special, punitive and exemplary damages, and damages for loss of profits, revenue, opportunity, loss of data, or business interruption) in anyway arising from or relating to the Drive Change app, your use of inability to use the Drive Change app, and/or these terms and conditions, including interruptions of service or delay in operation or transmission, and/or arising from third party access to personal information input in the Drive Change app, even if we have express knowledge of the possibility of such damages. We will not have any responsibility or liability for the security of your mobile device or for any damage cause to your device arising from use of the Drive Change app. You agree not to seek to recover any damages of any kind (including, but not limited to, direct, indirect, incidental, consequential, special, punitive or exemplary damages, or damages for loss of profits, revenue, opportunity, loss of data or business interruption) from us.

7.9 Compliance with Laws

You agree to comply with all applicable laws and regulations in Your Province or Territory of residence and those of Canada and other countries ("Law") when using the Drive Change App. You will ensure that the Drive Change App is not (1) exported, directly or indirectly, in violation of any Law, or (2) used for any purpose prohibited by any Law.

7.10 Feedback

If You want to submit ideas, feedback, suggestions or materials (“Feedback”) to Wawanesa regarding the Drive Change App (or any other particular product or service offered by Wawanesa or its affiliates) through any means whatsoever, You grant to Us and Our affiliates, subcontractors, and third party service providers an unrestricted, irrevocable, transferable, non-exclusive, perpetual, worldwide licence to use, copy, sell, disclose, or publish the Suggestions for any purpose whatsoever (including developing and marketing products, services, or content using the Feedback), and without any requirement for Us to provide You with any credit, notice, approval, or compensation for any such use. In addition, upon contributing any Feedback to Us, You waive all moral rights pertaining to such Feedback.

8. Responsibility for Your Mobile Device

You are responsible for the care and control of Your mobile device and if applicable, password, passcode and verification questions and answers (“User Information”). You must take reasonable steps to safeguard and protect Your mobile device and User Information.
You must:
1. maintain possession of Your mobile device;
2. keep a lock screen or passcode lock (each a “Device Lock”) on Your mobile device at all times;
3. keep Your User Information separate from the mobile device;
4. keep Your User Information strictly confidential and not share it with anyone;
5. take all reasonable precautions to ensure that no one finds out Your User Information, including while You key in User Information on your mobile device;
6. avoid User Information and Device Locks that may be easily determined by others, such as birthdays, phone numbers, age, social insurance number, etc.; and ensure that each password or other identifier is unique.
Before You sell, give away, or dispose of Your mobile device or SIM card, You must ensure that all Personal Information stored in the Drive Change App is deleted.
You are solely responsible for: (i) acquiring any hardware, device, wireless, Internet access and data plan required for You to use the Drive Change App; and (ii) any fees or other charges imposed by Your mobile device provider, wireless services carrier, or Internet service provider. It is Your responsibility to determine if Your mobile device provider, wireless services carrier or Internet service provider supports the Drive Change App or if Your mobile device is capable of accessing the Internet.
You acknowledge that these Terms and Conditions are between You and Us and not with the app store provider (e.g. Google Inc. or Apple Inc.). You agree that the app store provider: (a) is not liable to You in any way whatsoever for the distribution, use, performance or non-performance of the Drive Change App; (b) has no obligation whatsoever to furnish any maintenance and support services to You with respect to the Drive Change App; (c) is not responsible for addressing any claims You may have relating to the Drive Change App or Your possession or use of the Drive Change App; (d) is not responsible for any third party claims that the Drive Change App or Your possession or use of the Drive Change App infringes such third party’s intellectual property rights; and (e) is a third party beneficiary to these Terms and Conditions solely in respect of this paragraph.

9. Wawanesa Drive Change Rewards Program

The Wawanesa Drive Change Rewards Program (“Rewards Program”) allows you to redeem points for rewards from one or more of the available vendors. When you enrol in Wawanesa Drive Change you automatically enrol in the Rewards Program as well.

The Rewards Program may be subject to change or terminated by Wawanesa with reasonable notice.

9.1 Earning Points

You will earn points if the following conditions are met:

The trip was recorded in the App.
Your role on the trip is recorded as the driver.
There were no distracted driving events identified in the App during the trip.

The number of points you earn for each trip will depend on the length of the trip in minutes as outlined below:

3 point for trips shorter than 10 minutes
6 points for trips between 10 to 20 minutes
9 points for trips 20 minutes or longer

A maximum of 36 points can be earned in one day.

9.2 Redeeming Points

You can view and redeem your points through the Wawanesa Drive Change App. You will be able to see your balance and apply it to any of the available rewards options.

Your points do not have any monetary value, are not transferable and cannot be combined with the points of any other driver.

We are not responsible for any lost or unused points caused by any technical error or defect with your device, or to any lost or misdirected reward.

9.3 Impact of Termination of Enrolment on Your Points

If your enrolment is terminated, by you or Us, you will lose access to your points, and you will not be able to redeem them.

9.4 Expiry of Points

Points will expire 2 years from the date they were earned. If points expire, you will not be able to redeem them.

10. If You Have a Problem or Concern

If You have a problem or concern, You may visit our frequently asked questions at https://www.wawanesa.com/canada/drive-change/faq.html For a more detailed overview of Our complaint process, visit Us at https://www.Wawanesa.com/canada/ contact-us/concerns-and-complaints.html.

If You have a complaint regarding a potential violation of a consumer protection law, a public commitment, or an industry code of conduct, You may contact the Financial Consumer Agency of Canada (FCAC) in writing at 6th Floor, Enterprise Building, 427 Laurier Ave. West, Ottawa, Ontario, K1R 1B9. The FCAC can also be contacted by telephone at 1-866-461-3222 (en français 1-866-461-2232) or through its website at www.fcac-acfc.gc.ca. Please note that the FCAC does not become involved in matters of redress or compensation.

11. Applicable Law & Language

These Terms and Conditions are governed by the laws of the Province of Manitoba and the federal laws of Canada applicable in Manitoba exclusive of conflict of law provisions and You submit to the exclusive jurisdiction of the Courts of the Province of Manitoba with respect to any proceedings arising from these Terms and Conditions. It is the express wish of the parties that these Terms and Conditions and any directly or indirectly related documents be drawn up in English. Les parties ont exprimé la volonté expresse que les présentes modalités et tous les documents s’y rattachant directement ou indirectement soient rédigés en anglais.

12. Severability

If any provision or portion of a provision of these Terms and Conditions is invalid or unenforceable, the remainder of these Terms and Conditions shall remain in force and effect to the fullest extent permitted by law.

13. Waiver

No failure or delay in enforcing the provisions of these Terms and Conditions constitutes a waiver of any of Our rights or remedies set out herein.

14. Transfer

We may transfer our rights and obligations under these Terms and Conditions to an affiliate at any time without notice to You.