Terms & Conditions
- SUBJECT TO EARLY TERMINATION AS SET OUT IN THESE TERMS, THIS IS A CONTRACT FOR A 12 MONTH TERM, OR THE TERM SET OUT IN YOUR ORDER, WHICHEVER IS SHORTER, APPLICABLE TO ALL USERS
- CLAUSE 15 LIMITS OUR LIABILITY TO YOU.
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply the Service to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Service to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Falco UK Ltd, a company registered in England and Wales. Our company registration number is 2686097, and our registered office is at Unit 8 Leekbrook Way, Leekbrook Staffordshire ST13 7AP. Our registered VAT number is GB 642 8295 21.
2.2 How to contact us. You can contact us by telephoning our customer services team on (01538) 380080 or by writing to us at email@example.com or Falco UK Ltd, Unit 8 Leekbrook Way Leekbrook, Staffordshire ST13 7AP.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3.1 “Agreed Number of Bicycles” means the number of Bicycles which you have paid to store in the Facility as set out in our acceptance of your order and in the absence of any specified number, means one Bicycle.
3.2 “Bicycle” means a bicycle which will fit into one parking space in the Facility.
3.3 “Bicycle Store” means the place where Bicycles are temporarily stored if you are in breach of these terms and conditions.
3.4 “Entry Key” means the key with which you can open and close the Facility.
3.5 “Entry Card” means the card which allows you to access the Facility.
3.6 “Entry App” means the app which allows you to access the Facility.
3.7 “Entry Items” means the Entry Card, Entry Key and Entry Tag. “Entry Item” means any one of these as applicable.
3.8 “Entry Tag” means the security tag with a unique code which can be attached to your Bicycle.
3.9 “Facility” means the cycle storage Facility as set out in the order which is owned by the Landlord, managed by us and sited at the Location.
3.10 “Landlord” means the company or Local Authority which owns the Facility.
3.11 “Location” means the location of the Facility as set out in the order.
3.12 “Service” means access for you to store in the Facility the Agreed Number of Bicycles as set out in our acceptance of your order.
3.13 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
4. OUR CONTRACT WITH YOU
4.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Service. This might be because there is no availability in the location requested.
4.3 Your reference number. We will assign a reference number to your order and tell you what it is when we accept your order. It will help us if you can tell us the reference number whenever you contact us about your order.
4.4 Entry Items. If you have chosen to access the Facility using an Entry Item, we will send the Entry Items to you at the postal address you provided to us in your order.
4.5 Entry App. If you have chosen to access the Facility using the Entry App, you can obtain access to the Facility using the Entry App. Please contact our customer services team if you need any assistance with the Entry App. Please review the additional terms and conditions specific to the use of the App and confirm acceptance of the additional terms.
5. YOUR DUTIES
5.1 Use of the Service. The Service is provided solely for the use of the Agreed Number of Bicycles owned by you (or in your care), and is not transferable. If we discover you are storing more than the agreed number of Bicycles in your space in the Facility, you are in breach of this contract and we have the right to terminate this contract with immediate effect.
5.2 No other property except Bicycles or adapted Bicycles. No other items, other than the Agreed Number of Bicycles, may be stored in the Facility.
5.3 Designated Parking Space. You must park your Bicycle in the parking space designated to you (if any) within the Facility. If we discover that your Bicycle is not parked in the parking space designated to you, we will remove your Bicycle at your cost and place it in the Bicycle Store, location of the store to be advised.
5.4 Third Party Use. The Facility is not exclusively for your use. Third parties will use the Facility and store their bicycles in the Facility.
5.5 24 hours Access. You will have access to the Facility 24 hours a day, 7 days a week, unless stated otherwise. Please be considerate to your neighbours when accessing the Facility.
5.6 User instructions. You will comply with the user instructions for the Facility as amended from time to time as set out on our website at www.rentals.falco.co.uk
5.7 Insurance. You must insure your Bicycle(s) stored in the Facility. ALL ITEMS IN THE FACILITY ARE LEFT ENTIRELY AT YOUR OWN RISK. We recommend that you secure your Bicycle(s) using two different high quality locks locking each of the front wheel and frame of your Bicycle and the rear wheel and frame of your Bicycle into the rack when leaving it in the Facility.
5.8 No duplicate copies. You must not create duplicate copies of any of the Entry Items, this could cause immediate termination of the contract.
5.9 Entry App. You are able to download the Entry App free of charge from the Appstore. The Entry App enables access to the Facility. Refer to the additional terms and conditions for the App use.
5.10 Maximum of individuals per household. We can only provide the Service to a maximum number of individuals per household. That number is specified to us by the Landlord. We will have to decline an order that would result in this number being exceeded.
5.11 Continuous use. You may not be able to continuously use the Facility at certain Locations. If this is the case, information will be shown on our website and, where possible, we will notify you when placing your order.
5.12 Avoid damage to the Facility and third party property. You must take all reasonable steps to avoid damaging the Facility and the bicycles and any other property belonging to third parties in the Facility. If you damage the Facility and/or a third party’s property, you are responsible for paying for the cost incurred in putting right that damage.
5.13 Report damage and maintenance issues. You must report any damage and maintenance issues to us by contacting our customer services team using the details set out in clause 2.2. We will inspect and attempt to resolve the issues as soon as practically possible.
5.14 Maintenance of the Facility. You acknowledge that we, or our sub-contractors, will unlock the Facility for maintenance, security and other reasons on a regular basis without notifying you.
5.15 Removal of prohibited items. We will remove any items belonging to you in the Facility, other than your Bicycle, at your cost. We will notify you of the items we have, and you have 30 days in which to collect them. After that period, we are entitled to dispose of the items. We will not be responsible for the cost of or the replacement of those items, any loss you suffer as a result of disposing of the items, or for any damage caused to such items.
5.16 Removal of Bicycles. If you have ended the contract you must remove your Bicycle(s) from the Facility immediately. If you do not do so, we will remove your Bicycle(s) and store it the Bicycle Store at your cost. You have 30 days to collect your Bicycle(s) from the Bicycle Store at which time we are entitled to dispose of it. We are not responsible for any loss you suffer as a result of disposing of your Bicycle(s), or for any loss or damage caused to your Bicycle(s).
Please call our customer services team on (01538) 380080 to collect your Bicycle from the Bicycle Store, the location will be advised for collection.
5.17 Loss or theft of Entry Items. If you lose any of your Entry Items, or they are stolen, please notify us immediately. You must pay for a replacement Entry Item plus the postage cost per Entry Item, we will advise of the costs incurred. We may need to provide and send replacement Entry Items to all of our customers using your Facility and you will be responsible for the costs incurred by us in doing so. Should your phone be lost or stolen, Should you phone be lost or stolen, we will need to replace the App, there may be a charge for this. Falco UK Limited are not responsible for the replacement of your phone.
5.18 Change of Entry Items. We are entitled to change the means of access or lock to the Facility and/or Entry Items at any time and for any reason. If we do so, we shall provide you with replacement Entry Items free of charge.
6. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 - Your rights to end the contract).
7. OUR RIGHTS TO MAKE CHANGES
7.1 Minor changes to the Service. We may change the Service:
7.1.1 to reflect changes in relevant laws and regulatory requirements;
7.1.2 to relocate a Facility within a reasonable distance of its Location; and
7.1.3 to implement minor technical adjustments and improvements, for example to address a security threat.
7.2 More significant changes to the Service and these terms. In addition, as we informed you in the description of the Service on our website, we may make changes to these terms or the Service, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Service paid for but not received.
8. PROVIDING THE SERVICE
8.1 When we will provide the Service. During the order process we will let you know when we will start to provide the Service to you (“Start Date”), and when and how you can end the contract. Unless you end the contract as described in clause 9 or we end the contract by written notice to you as described in clause 11, we will provide the Service to you for a period of 12 months from the Start Date(“Initial Term”) or the term agreed on your order, whichever is the shorter. We will notify you at least 14 days before the end of the Initial Term explaining that your Initial Term is coming to an end and asking you if you wish to continue the Service for a further 12 months or the term agreed on your order. If you elect to continue with the Service within this time, we will continue to provide the Service to you, payment will be taken, and your contract will be renewed for a further 12 months or shorter term if agreed unless it is ended by either you or us in accordance with the terms set out below.
8.2 We are not responsible for delays outside our control. If our provision of the Service is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is going to be a substantial delay you may contact us to end the contract and receive a refund for any Service you have paid for but not received.
8.3 Reasons we may suspend the supply of Service to you. We may have to suspend the supply of the Service to:
8.3.1 deal with technical problems or make minor technical changes;
8.3.2 update the Service to reflect changes in relevant laws and regulatory requirements;
8.3.3 make changes to the Service as notified by us to you (see clause 7).
8.3.4 Deal with technical issues due to criminal, vehicular damage or theft from the Pod
8.4 Your rights if we suspend the supply of Service. We will contact you in advance to tell you we will be suspending supply of the Service, unless the problem is urgent or an emergency. If we have to suspend the Service for longer than 30 days we will add any period for which the Service is suspended onto the Initial Term. You may contact us to end the contract for a Service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid
in advance for the Service in respect of the period after you end the contract.
8.5 We may also suspend supply of the Service if you do not pay. If you do not pay us for the Service or pay any sum that you are due to make when you are supposed to (see clause 14.5) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend provision of the Service until you have paid us the outstanding amounts. We will contact you to tell you we are suspending provision of the Service. We will not suspend the Service where you dispute the unpaid invoice (see clause 14.7). As well as suspending the Service we can also charge you interest on your overdue payments (see clause 14.6).
9. YOUR RIGHTS TO END THE CONTRACT
9.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
9.1.1 If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
9.1.2 If you have just changed your mind about the Service, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 9.2.1 to 9.2.5 below the contract will end immediately and we will refund you in full for any Service which has not been provided and you may also be entitled to compensation. The reasons are:
9.2.1 we have told you about an upcoming change to the Service or these terms (other than a minor change (see clause 7.1)) which you do not agree to (see clause 7.2);
9.2.2 we have told you about an error in the price or description of the Service you have ordered and you do not wish to proceed;
9.2.3 there is a risk that the provision of the Service may be significantly delayed because of events outside our control;
9.2.4 we have suspended the provision of the Service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
9.2.5 you have a legal right to end the contract because of something we have done wrong.
9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.4 How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order. However, once we have completed the Service you cannot change your mind, even if the period is still running. If you cancel after we have started providing the Service, you must pay us for the Service provided up until the time you tell us that you have changed your mind including the cost of returning the entry item.
10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
10.1.1 Phone or email. Call our customer services team on (01538) 380080 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
10.1.2 By post. Print off the form on our website and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
10.1.3 Returning the Entry Items after ending the contract. If you end the contract for any reason after the Entry Items have been dispatched to you or you have received them, you must return them to us. You must either return them in person to Falco UK Ltd, Unit 8 Leekbrook Way, Leekbrook, Staffordshire ST13 7AP or post them back to us at that address. If you are exercising your right to change your mind you must send off the Entry Items within 14 days of telling us you wish to end the contract. Any key deposit will be returned to you.
10.2 When we will pay the costs of return. We will pay the costs of return if you are ending the contract because we have told you of an upcoming change to the Service or these terms (other than a minor change (see clause 7.1)), an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.3 How we will refund you. We will refund you the price you paid for the Service by the method you used for payment. However, we may make deductions from the price, as described below.
10.4 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind.
10.5 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
11. OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract if you break it. We may end the contract for the Service at any time by writing to you if:
11.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
11.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Service;
11.1.3 we discover you are storing anything other than the Agreed Number of Bicycles in the Facility.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for the Service we have not provided but we may deduct or charge you reasonable compensation as a result of your breaking the contract.
11.3 We may withdraw the Service. We may write to you to let you know that we are going to stop providing the Service. We will let you know at least 30 days in advance of our stopping the supply of the Service and will refund any sums you have paid in advance for the Service which will not be provided.
12. AT THE END OF THE CONTRACT
12.1 On ending the contract. On ending the contract, you must:
12.1.1 return the Entry Items to us at Falco UK Ltd, Unit 8 Leekbrook Way Leekbrook, Staffordshire ST13 7AP.
12.1.2 immediately remove your Bicycle(s) and all other property belonging to you. If there is any property remaining in the Facility at the end of your contract, we will dispose of this property.
12.2 If you fail to return any or all of the Entry Items, fail to remove all of your property from the Facility, or if we reasonably believe that damage to the Facility has been caused by you, we will not refund your deposit, and we reserve the right to charge you any additional costs incurred by us, including, but not being limited to (a) repairing the Facility, (b) clearing the Facility, (c) changing locks and (d) distributing new keys, tags and cards to other customers. Subject to your compliance with this clause 12, and payment of all sums due to us, we will refund your deposit within 14 days of receiving each Entry Item.
13. IF THERE IS A PROBLEM WITH THE SERVICE
13.1 How to tell us about problems. If you have any questions or complaints about the Service, please contact us. You can telephone our customer services team at (01538) 380080 or write to us at email@example.com or Falco UK Ltd, Unit 8 Leekbrook Way Leekbrook, Staffordshire ST13 7AP.
13.2 Summary of your legal rights. We are under a legal duty to supply Services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Service. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
Your contract is for the supply of services. The Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
d) See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
14. PRICE AND PAYMENT
14.1 Where to find the price for the Service. The price of the Service will be the price indicated on the order pages when you placed your order. Our prices are also set out on our website. We take all reasonable care to ensure that the price of the Service advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the Service you order.
14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Service, we will adjust the rate of VAT that you pay, unless you have already paid for the Service in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, our Service may be incorrectly priced. We will normally check prices before accepting your order so that, where the Service's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Service's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
14.4 Changes in price. Many Landlords subsidise the cost of us providing the Service to you, which reduces the cost we charge you for an initial fixed period. At the end of this fixed period, the price you will pay will increase to our standard price. We shall notify you of this change as set out in clause 7.2.
14.5 When you must pay and how you must pay. When you submit your order, you will pay:
14.5.1 the annual cost of the Service;
14.5.2 a deposit of £35 for each Entry Item.
14.5.3 Charge for use of the App access, if applicable.
If you choose to pay by bank card, you will be charged through WorldPay which is a certified Payment Card Industry compliant platform which provides a fully secure checkout and handles all of our card transactions. You can also pay by cheque or bank transfer. We do not accept payment by cash sent in the post.
14.6 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Service as summarised at clause 13.2.
15.3 We are not liable for business losses. We only supply the Service for domestic and private use. If you use the Service for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.4 WE ARE NOT LIABLE FOR THE THEFT OF YOUR BICYCLE(S). Your Bicycle(s) is left entirely at your own risk. We are not responsible for loss, damage or theft of your Bicycle(s), locks or other items stored in the Facility, or removed from the Facility and stored in the Bicycle Store. We recommend that you lock your Bicycle(s) as set out in clause 5.7 above and you insure your Bicycle(s) at your own cost.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
17. OTHER IMPORTANT TERMS
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Service, we can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Service in the English courts.
Terms and Conditions for the use of the Falco smartphone App’s, applicable to users of the Falco Smartphone App’s only. PLEASE READ THESE TERMS CAREFULLY
BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS WE WON’T BE ABLE TO COMPLEWTE YOUR ORDER.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We, Falco UK Ltd of Unit 8 Leekbrook Way, Leekbrook ST13 7AP license you to use:
- FalcoSmart or FalcoOkey mobile application software, the data supplied with the software, (App) and any updates or supplements to it.
- The related online OR electronic documentation (Documentation).
- The service you connect to via the App and the content we provide to you through it as permitted in these terms (Service).
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our GDPR information, and it is important that you read that information. The link is noted below:
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
ADDITIONAL TERMS FOR SPECIFIC SERVICES
The App Store and Play Store TERMS ALSO APPLY
The ways in which you can use the App and Documentation may also be controlled by the App Store rules and policies for both platforms, and The App Store or Google Play Store's rules and policies will apply instead of these terms where there are differences between the two.
OPERATING SYSTEM REQUIREMENTS
This app requires a smartphone device with a minimum of 49MB of memory and either IOS or Android operating system version Android 5 or IOS 14. Access to the internet, access to a device camera and GPS will be required.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at the websites for both IOS or Android.
Contacting us (including with complaints)
If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org or call them on 01538 380080.
How we will communicate with you. If we have to contact you we will do so by telephone or writing to you at the email address or postal address you provided to us in your order.
USE OF THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
- Download or stream a copy of the App onto a smartphone device registered to yourself only, view, use and display the App and the Service on such devices for your personal purposes only.
- Use any Documentation to support your permitted use of the App and the Service.
- Provided you comply with the licence restrictions set out below, make 1 copy of the App for back up purposes.
- Receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.<br /><br /></p>
YOU MUST BE 18 TO ACCEPT THESE TERMS AND DOWNLOAD THE APP
You must be 18 or over to accept these terms and download the App.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right for sole use of the App and the Service as set out in "HOW YOU MAY USE THE APP" issued separately. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days’ notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.
You may not be permitted to continue to use the App and the Service, should this apply, then you agree to delete the App.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
The App will always match the description of it provided to you when you downloaded it.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
We may collect technical data about your device.
By using the App or any of the Services, you agree to us collecting and using technical information
about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop us collecting such data at any time by turning off the location services settings off.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programmes, except as necessary to use the App and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents
Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent programme that can be operated with the App or with another programme and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
ACCEPTABLE USE RESTRICTIONS
- not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property
If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses.
The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services.
The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App.
We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you
The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on platform store site and in the Documentation) meet your requirements.
We are not responsible for events outside our control
If our provision of the Services or support for the App or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
- You must stop all activities authorised by these terms, including your use of the App and any Services.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.