These Application Terms and Conditions relate to the use of the Application.
1. Use of the Application
1.1. You must:
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ensure you comply with any local restrictions on downloading, using or otherwise exporting the Application;
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not use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Application Terms and Conditions, or act fraudulently or maliciously for example by hacking into or inserting malicious code into the Application or iPhone, Android or BlackBerry or other operating systems;
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not attempt to derive income from the use or provision of the service, whether for direct commercial or monetary gain or otherwise;
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not use the Application in a way that could damage, disable, overburden, impair or compromise the service, RAC systems or security or interfere with other users; and not collect or harvest any information or data from the service or our systems or attempt to decipher any transmissions to or from the servers running the Application.
1.2. The Application may utilise or include third party software and copyrighted material or may be subject to an open source license or other licences for example, the Application uses Apple maps (for iOS 6 and beyond) and Google maps (for iOS versions prior to version 6.0).
1.3. No part of the Application may be used for any commercial or public use. No part of the Application or any material appearing in the Application may be reproduced, stored in or transmitted on any other application without written permission from a director of the company at: RAC, RAC House, Brockhurst Crescent, Walsall, WS5 4AW.
1.4. RAC Motoring Services (hereinafter referred to as “us” “we” or “our”) do not give any warranty or other assurance that the contents of the Application are free from infection by viruses or any other features which have contaminating or destructive properties, and shall have no liability in respect of the same.
1.5. Access to the Application may be interrupted, restricted or delayed for any reason and without notice.
2. Charges
We do not charge you for downloading the Application however your network charges will apply for data usage (where your device is enabled for internet browsing and downloading) and the use of the breakdown call feature within the Application.
3. Use of cookies
Please note that no personal data shall be collected, used or stored by us in respect of the use of the Application. However, we use cookies and similar technologies such as analytics to collect anonymised information about how you use the Application, for example, which functions of the Application you use most often and if you receive any error messages. This information will be used to assess how the Application is performing and help us to improve your experience in the future. By continuing you agree to the use of these technologies.
4. Use of location data
Certain services within the Application will make use of location data sent from your mobile device. You can turn this functionality on or off at any time by changing the location services settings for the Application on your mobile device. If you use these services, you consent to us, our partners’ and licensees’ transmission, collection, maintenance, procession and use of your location data and queries to provide and improve location-based and road traffic-based product services. You may withdraw this consent at any time by turning off the location services settings on your mobile device.
5. Liability
5.1. We will not be liable to you for any losses you suffer or costs you incur because:
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you are unable to access or use the Application for any reason or there is a delay in its use;
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any device, hardware or software you use in connection with the Application is damaged or corrupted or fails to work;
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the Application does not work as you expect, does not meet your requirements or contains errors or defects or we fail to correct these;
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you did not receive any notifications in a timely manner; or
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there is a reduced level or failure to provide any service caused by any third party service providers including software providers and mobile operators.
5.2. Individuals accessing the Application acknowledge that law and jurisdiction of England and Wales apply to the contents of the Application. By accessing the Application users also acknowledge and accept the disclaimer in paragraph 5.3. We take great care to ensure the accuracy of information provided in the Application. We do not accept responsibility for the content or accuracy of the said information.
5.3. We disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or any other consequential losses) arising from the use of, or inability to use, the Application or any material in the Application, or from any action or decision taken as a result of using the Application or its contents. We do not give any warranty or assurance, express or implied, as to the quality of operation of functionality of this Application.
6. Copyright
Any company logos that appear on the Application remain the copyright of that company and only appear with their express permission. Unless otherwise stated, the copyright, database rights and similar rights in all material published in this Application are owned by RAC Motoring Services or its Licensors and/or Barclays Bank PLC or their Group Companies. You may print or download extracts for personal use only.
7. Changes to the Application Terms and Conditions and Updates
7.1. We can change these Application Terms and Conditions at any time by notifying you of a change when you next start the Application. The new terms and conditions may be displayed on-screen and you may be required to read and accept them to continue your use of the Application.
7.2. From time to time updates to the Application may be issued via the Apple App Store, Google Play or other application store the Application is available from. Depending on the update you may not be able to use the Application until you have downloaded the latest version of the Application and accepted any new terms.
8. Termination of the Application
We may, at any time, terminate the provision of the Application in its entirety or any part of it, temporarily or permanently by notifying you when you next start the Application.
9. Governing law and jurisdiction
The Application is controlled and operated in the United Kingdom. These Application Terms and Conditions will be governed by the Laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.
10. Customer service
For assistance relating to the use of the Application please refer to the User Guide. For any other assistance, including suggesting ideas or reporting a problem please email us at [email protected].