Last updated: 20 May 2019
Terms and Conditions of use
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE USING THIS APPLICATION:
This licence agreement (“Licence”) is a legal agreement between you (“You” or “Your”) and Navmii Publishing Ltd of 41 Corsham Street, London, N1 6DR (“We” or “Our” or “Us”) for this application product (“Licensed Application”).
YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE ARE UNWILLING TO LICENCE THE LICENCED APPLICATION TO YOU AND YOU MUST REFRAIN FROM USING THE APPLICATION.
The following key points of the Terms are highlighted here for your convenience only. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by us.
Road information prevails. The information provided by the Service is not intended to replace the information provided on the road, such as travel direction, time based restrictions, lane restrictions, road blockades, traffic signs, traffic lights, police instructions, etc.
Cautious driving. Always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to send traffic updates (such as updates on road accidents and traffic congestion), or to non-verbally interact with the Service or use the Service in a non-verbal manner for any purpose other than navigation while driving. Traffic updates or non-verbal reports you want to submit to the Service may only be sent after you have stopped your vehicle in an appropriate location permitted by law. Alternatively, such updates may be sent by a passenger other than the driver, provided it does not interfere with the due course of driving and does not distract the driver’s attention to the road.
Non-continuous updates. The information provided by the Service originates from other users of the Service. Such information is intrinsically fluctuant and may be inaccurate, incomplete or outdated. We do not provide any warranties to such information’s credibility or reliability.
Advertisements. Third party advertisements may appear on the Service from time to time. We do not endorse these advertisements, and the advertisements are not intended to be, nor should they be, viewed by drivers unless and until their vehicle has come to a complete stop.
The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
Your age. The Service is intended for use by users who are of the legal age required to hold a driving license. In any case, to use our Service you must be 16 years of age or older. If you are under 16, you may not download or use the Service. Accounts of users under the age of 16 years will be cancelled and deleted by us, upon receiving notice.
1. Grant and scope of licence
1.1 In consideration of You agreeing to abide by the terms of this Licence, We grant to You a non-exclusive, non-transferable licence to use the Licenced Application on the terms of this Licence.
1.2 You may:
1.2.1 download, install and use the Licenced Application for Your private purposes on any mobile or table device that You own or control:
1.2.2 receive and use any free supplementary software code or update of the Licenced Application incorporating “patches” and corrections of errors as may be provided by Us from time to time.
1.3 The terms of the Licence will govern any upgrades provided by Us that replace and/or supplement the original Licenced Application, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will apply.
1.5 For the avoidance of doubt, You must not visit or use this Licenced Application for the purpose of commercial gain which includes, without limitation, using this Licenced Application as part of advertising which may result in revenue generation or personal gain, selling goods to a third party, copying, reproducing, distributing, publishing, transferring, licensing, selling commercially, exploiting, or duplicating any element of this Licenced Application whatsoever.
2. Licensee’s undertakings
2.1 Except as expressly set out in this Licence or as permitted by any local law, or the licencing term governing the use of open sourced components included within the Licenced Application You undertake:
2.1.1 not to distribute or make the Licenced Application available over any communication network where it could be used by multiple users/or devices at the same time;
2.1.2 not to copy the Licenced Application except where such copying is permitted by this Licence;
2.1.3 not to rent, lease, sub-licence, lend, loan, sell, redistribute, translate, merge, adapt, vary or modify the Licenced Application;
2.1.4 not to make alterations to, or modifications of, the whole or any part of the Licenced Application, nor permit the Licenced Application or any part of it to be combined with, or become incorporated in, any other programs;
2.1.5 not to disassemble, decompile, reverse engineer attempt to derive the source code or, modify or, create derivative works based on, the whole or any part of the Licenced Application nor attempt to do any such thing except to the extent that such actions cannot be prohibited by law.
2.1.6 to replace the current version of the Licenced Application with any updated or upgraded version or new release We provide under the terms of this Licence;
2.1.7 not to provide or otherwise make available the Licence Application in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without Our prior written consent;
2.2 You must not attempt to enter route information while driving. Failure to pay full attention to the operation of Your vehicle could result in death, personal injury or damage to Your property. You must always continue to make the same observations to keep You safe whilst using the Licenced Application that You would when not using the Licenced Application.
3. Data Collection
3.1 You agree that We may collect and use technical data and related information, including but not limited to Identifiers that you use to log in to or use our service, such as your user name or Facebook ID, technical information about Your device, system and application software including, the mobile device advertising identifier, location information (including your location relative to and within third party merchant locations) and peripherals that We gather periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licenced Application. We may use this information, as long as it is in a form that does not personally identify You, to improve Our products or provide services or technologies to You.
4. Collection of Anonymous Aggregated Information
4.1 We may use location information collected from the app for statistical analysis in order to further improve the application, create and enhance services, and for further internal, commercial and statistical purposes. All data collected is anonymous, statistical, aggregated information.
4.2 We may also use this anonymous information collected from the application by transmitting or making such information available to users of the Licenced Application app, to service providers, partners and any other third party.
5. Collection of Information
5.1 We may collect the information set forth in Sections 3 and 4 above even if you are not logged in to the application.
5.2 You should be able to adjust the settings on your iOS mobile device to prevent our collection of Location Information by disabling the location services feature on your device. You should be able to adjust your settings on your Android mobile device to prevent our collection of Location Information by disabling Bluetooth and Location.
6. Ways We Disclose and Share the Information We Collect
6.1 We share the information we collect with third-party business partners who commit to comply with applicable laws concerning their usage of the information. Our third-party business partners may share the information with their own third party business partners and use the information either for themselves or on behalf of their own business partners to:
6.1.1 Operate and improve their services;
6.1.2 Provide you with advertisements and information for products and services or send you other notifications based on variables such as your location, and assess your level of engagement with them; and
6.1.3 Carry out other purposes that are disclosed to you and to which you consent.
7. Intellectual property rights
7.1 You acknowledge that all intellectual property rights in the Licenced Application anywhere in the world belong to Us, and that You have no rights in, or to, the Licenced Application other than the right to use them in accordance with the terms of this Licence.
7.2 You acknowledge that you have no right to have access to the Licenced Application in source code form or in unlocked coding or with comments.
7.3 The integrity of this Licenced Application is protected by technical protection measures (“TPM”) so that Our intellectual property rights, including copyright, in the Licenced Application are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of such TPM.
8.1 We make no warranties, save for those which we are required to do so by applicable law.
8.2 Except as to the extent prohibited by law, You acknowledge and agree that use of the Licenced Application is at Your sole responsibility and risk and that You assume the entire risk for using this Licenced Application including as to satisfactory quality, performance, accuracy and effort is with You.
8.3 You acknowledge that the Licenced Application has not been developed to meet Your individual requirements, and that it is therefore Your responsibility to ensure that the facilities and functions of the Licenced Application meet Your requirements.
8.4 You acknowledge that the Licenced Application may not be free of bugs or errors, and agree that the existence of minor errors shall not constitute a breach of this Licence.
8.5 Certain services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the services, You acknowledge and agree that We are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to You or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.
8.6 Location data provided via the Licenced Application is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. We do not guarantee the availability, accuracy, completeness, reliability, or timeliness of information or location data displayed in the Licenced Application.
9. Our liability
9.1 This Clause 7 sets out Our entire financial liability (including any liability for the acts or omissions of Our employees, agents and subcontractors) in respect of:
9.1.1 any breach of this Licence however arising;
9.1.2 any use made or resale of the Licenced Application by You;
9.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Licence.
Without prejudice to Clause 7.4, neither We nor You shall under any circumstances whatever be liable to each other, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
9.1.1 loss of income;
9.1.2 loss of business profits or contracts;
9.1.3 business interruption;
9.1.4 loss of the use of money or anticipated savings;
9.1.5 loss of information;
9.1.6loss of opportunity, goodwill or reputation;
9.1.7 loss of, damage to or corruption of data; or
9.1.8 any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise;
provided that this Clause 7.2 shall not prevent claims for loss of or damage to Your tangible property that fall within the terms of Clause 6 or any other claims for direct financial loss that are not excluded by Clause 7.1.1 to 7.1.8 inclusive.
9.2 Subject to Clauses 7.2 and 7.4, if either You or We fail to comply with this Licence, neither You nor We shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with this Licence.
9.3 Nothing in this Licence shall limit or exclude Our or Your liability for:
9.3.1 death or personal injury resulting from negligence; or
9.3.2 fraud or fraudulent misrepresentation; or
9.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
9.3.4 breach of section 2 of the Consumer Protection Act 1987; or
9.3.5 the deliberate default or wilful misconduct of that party, its employees, agents or subcontractors.
9.4 Subject to Clause 7.2 and Clause 7.4, Our maximum aggregate liability under or in connection with this Licence, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to £250,000.
9.5 Subject to Clause 7.2, Clause 7.4 and Clause 7.5, Our liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in the UK.
9.6 This Licence sets out the full extent of Our obligations and liabilities in respect of the supply of the Licenced Application. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on Us except as specifically stated in this Licence. Any condition, warranty, representation or other term concerning the supply of the Licenced Application which might otherwise be implied into, or incorporated in, this Licence, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
10.1 We may terminate this Licence immediately by notice to You if:
10.1.1 You commit a material or persistent breach of this Licence which You fail to remedy (if remediable) within 14 days after the service of written notice requiring You to do so; or
10.1.2 a petition for a bankruptcy order to be made against You has been presented to the court; or
10.1.3 You (where You are a company) become insolvent or unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), enters into liquidation, whether voluntary or compulsory (other than for reasons of bona fide amalgamation or reconstruction), passes a resolution for its winding-up, has a receiver or administrator manager, trustee, liquidator or similar officer appointed over the whole or any part of its assets, makes any composition or arrangement with its creditors or takes or suffers any similar action in consequence of its debt; or
10.1.4 We choose to no longer provide the Licenced Application; or
10.1.5 the provisions of Clause 11 apply; or
10.1.6 We reasonably believe that any of the events listed in Clause 8.1.1 to 8.1.5 above is about to occur and we notify You accordingly.
10.2 You may terminate this Licence at any time by deleting the Licenced Application.
10.3 Upon termination for any reason:
10.3.1 all rights granted to You under this Licence shall cease;
10.3.2 You must cease all activities authorised by this Licence;
10.3.3 You must immediately pay to Us any sums due to Us under this Licence; and
10.3.4 You must immediately delete or remove the Licenced Application from all devices in Your possession, and immediately destroy all copies of the Licenced Application then in your possession, custody or control.
11. Transfer of rights and obligations
11.1 This Licence is binding on You and Us, and on Your respective successors and assigns.
11.2 You may not transfer, assign, charge or otherwise dispose of this Licence, or any of Your rights or obligations arising under it, without Our prior written consent.
11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of Our rights or obligations arising under it, at any time during the term of the Licence.on, and immediately destroy all copies of the Licenced Application then in your possession, custody or control.
12.1 All notices given by You to Us must be given to Navmii Publishing Ltd at email@example.com. We may give notice to You either through the Licenced Application or at the e-mail address You provided to Us if you have registered with us. Notice will be deemed received and properly served immediately when posted in Our Licenced Application, 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Licence that is caused by events outside Our reasonable control (“Force Majeure Event”).
13.2A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
13.2.1 strikes, lock-outs or other industrial action;
13.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
13.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
13.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
13.2.5 impossibility of the use of public or private telecommunications networks; or
13.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under this Licence is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under this Licence may be performed despite the Force Majeure Event.
14.1 If We fail, at any time during the term of this Licence, to insist upon strict performance of any of Your obligations under this Licence, or if We fail to exercise any of the rights or remedies to which We are entitled under this Licence, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
14.2 A waiver by Us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
15.1 If any of the terms of this Licence are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Third Party Rights
16.1 No one other than a Party to this Agreement their successors and permitted assignees, shall have any right to enforce any of its terms.
17. Entire agreement
17.1 This Licence and any document expressly referred to in it constitute the whole agreement between us and supersedes any previous arrangement, understanding or agreement between us, relating to the licensing of the Licenced Application.
17.2 You acknowledge that, in entering into this Licence (and the documents referred to in it), you do not rely on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to this Licence or not) other than as expressly set out in this Licence or those documents.
17.3 We and You agree that the only rights and remedies available arising out of or in connection with a Representation shall be for breach of contract as provided in this Licence.
17.4 Nothing in this Clause 15 shall limit or exclude any liability for fraud.
18. Law and jurisdiction
18.1 This Licence, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and submitted to the non-exclusive jurisdiction of the English courts.