1. General
Any use of the website appearing at URL www.driving-monitor.com or www.drivingmonitor.com or any sub-domains of the main domains (i.e. xyz.driving-monitor.com) (referred to as the "website") is subject to these General Terms and Conditions. You are treated as accepting these by using the website and therefore you should read them carefully. These General Terms and Conditions, the Terms and Conditions of Sale and the Privacy Policy together form one agreement and references to "Terms and Conditions" mean that agreement, incorporating all three of those documents.
The website is owned and operated by:
Driving Monitor
The Technology Centre
Rossmore Business Park
Cheshire
CH65 3EN
Telephone: 0845 500 4505
Email: [email protected]
Driving Monitor is a trading name of Mavada Ltd. Driving Monitor is referred to in the Terms and Conditions as "Driving Monitor", "us" or "we".
2. Your use of the website
All copyright and other rights in this website (including text, photographs, other images, sounds, trademarks and logos) are owned by Driving Monitor and its licensors. You may:
(a) browse the website (including making transient or cached copies of parts of the website to the extent this occurs in the normal course of using your browser); and
(b) print a copy of any page of the website provided you do not alter or remove any copyright, trademark or other intellectual property rights notices, for your own lawful, personal, non-commercial purposes provided you do not do any of the things listed below in this section 3.
You must not:
(c) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software or services contained within the website (except to the extent expressly permitted under (a) or (b) above);
(d) use the website or any of its content for any commercial purpose, including any advertising or advertising revenue generation activity on another website;
(e) include any links to the website on another website;
(f) use the website or anything available on it for unlawful purposes; or
(g) hack into the website or any related computer system, make excessive traffic demands on the website, use in relation to the website any software robots, spiders, crawlers, or similar data gathering and/or extraction tools, introduce viruses or otherwise engage in any other activity that may reasonably be expected to (i) impose an unreasonable burden or load on our infrastructure; (ii) inhibit other users from using and/or enjoying the website or any other website; or (iii) damage the reputation of Driving Monitor.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from (i) any third party claim, action, or demand resulting from your use of the website or from (ii) any breach by you (or by someone else to whom you have disclosed your password) of paragraphs (c) to (g) of this section 2.
We reserve the right to terminate or suspend your right to use the website at any time.
3. Links
The website may contain links to or from other websites. We are not responsible for the content appearing on, products or services available via, or the privacy or other practices used by, other websites.
4. Privacy and personal information
The privacy of your personal information is important to us. We only use personal information about you collected via the website in accordance with our Privacy Policy and by providing personal information on this site you agree to allow us to use it in accordance with that policy. We encourage you to read the privacy policies of other websites you link to from the website, or which you otherwise visit.
In the event that Driving Monitor undergoes reorganisation or is sold to another business, you agree that any personal information Driving Monitor holds about you may be transferred to the reorganised business or buyer.
5. Passwords
You may be issued with an individual password and also create your own unique passwords when registering (where registration is required) on the website. You must:
(a) use the password only for access to the applicable pages of the website and not for any other purpose;
(b) keep your password confidential at all times, not disclose the password or permit anyone else to use your password (any breach of any of the Terms and Conditions by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under the Terms and Conditions); and
(c) cease to use, and delete from your records, your password upon expiry or termination of your membership for whatever reason.
We reserve the right to change or withdraw your system access at any time and you agree to notify us promptly of any changes to your registration details.
6. Liability
The following liabilities are not limited or excluded (and nothing elsewhere in the Terms and Conditions shall be interpreted as so doing):
(a) Driving Monitor's liability for (i) death or personal injury resulting from its negligence; (ii) for fraud; (iii) under section 12 of the Sale of Goods Act 1979; or (iv) for any other liability which may not by applicable law be excluded or limited; and
(b) your statutory rights as a consumer.
Subject to those liabilities not being limited or excluded, Driving Monitor shall not be liable (whether in contract, negligence or otherwise and to the fullest extent permitted by applicable law) for any:
(a) loss of business, profits, sales, revenue, bargain, opportunity or goodwill;
(b) indirect, special or consequential loss or damage;
(c) interruption to business;
(d) delays or interruptions in access to or operation of the website;
(e) loss of, loss of use of, or damage or corruption to, any software or data or computer equipment;
(f) loss or damages of any kind incurred as a result of the use of any links on the website or third party sites to which those links point;
(g) computer viruses, system failure or malfunctions which may occur in connection with your use of the website;
(h) waste of management or other staff time; or
(i) events beyond our reasonable control.
Use of the website is provided free of charge (other than your normal internet connectivity charges) and you acknowledge that you access the site solely at your own risk on an "as is" and "as available" basis and that:
(a) Driving Monitor makes no representations about the materials or information contained on the website;
(b) Driving Monitor reserves the right to deny you access to the site;
(c) Driving Monitor is not responsible or liable if the site does not work properly, or at all; and
(d) except as expressly set out in these Terms and Conditions, Driving Monitor does not enter into conditions, warranties or other terms in relation to the website.
We try to make sure that all information contained on the website is correct, but we cannot and do not accept any liability for any error or omission and will not be liable for any action you may take as a result of relying on any information provided in the website.
We may suspend the operation of the website for maintenance or upgrade work from time to time and your access to and use of the website will not be uninterrupted or error-free.
7. General and governing law
We may change the Terms and Conditions from time to time and will endeavour to notify you of any major changes by posting a message on the website. However, by accessing the website you are accepting that you are bound by the current version of the Terms and Conditions and therefore you should check these each time you revisit the website.
The Terms and Conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter covered by them. If any provision is found to be unenforceable, this shall not affect the validity of any other provision. We may delay enforcing any of our rights under the Terms and Conditions without losing them. You agree that we may assign these Terms and Conditions or any of our rights or obligations without giving you notice.
We shall not be liable to any third party in respect of your use of (or inability to use) the website.
The Terms and Conditions shall be governed and interpreted in accordance with English law as if the Terms and Conditions were a contract wholly entered into and wholly performed within England and you consent to the non-exclusive jurisdiction of the English courts.
