RED Driving School is the trading name of RDS Driving Services Limited and shall be referred to throughout these terms of business as RED.
RED engages directly with individual franchised driving instructors, who are self-employed and act in their capacity as franchisees of RED under the terms of a franchise agreement between RED and the instructor. The contract for driving tuition is solely between you and your instructor.
In order to have driving lessons you must:
It is your responsibility to provide your instructor with proof that you have a valid licence to drive before the commencement of your first driving lesson. If you fail to provide this proof, your instructor is entitled to refuse to conduct the driving lesson but may still charge you for such driving lesson.
RED operates its website and its contact centre in order to allow you, the customer, to
purchase driving lessons packages for you, the customer, with a RED driving instructor.
You (or someone on your behalf – see Notice to persons making pre-payments for lessons for
another person below) can pay for driving lessons in advance via one of the following
methods:
As part of its booking service, RED confirm and agree that the following terms (which constitute the terms of the RED pre-payment scheme) shall apply to all pre-paid bookings:
Notice to persons making pre-payments for lessons for another person:
Where the person making the pre-payment is not the customer for whom the pre-payment is made, such pre-payment shall be treated as if it was made by the customer and the person making the pre-payment (a Non-Customer) shall have no entitlement to any such monies under these terms or any interest thereon nor any rights under these terms. RED is not providing any services to the Non-Customer and operates the pre-payment scheme for the benefit of learners only, who are entitled to refunds, in accordance with these terms, of sums paid. This notice shall not limit or exclude any rights of the Non-Customer which by law cannot be limited or excluded.
RED operates a “No Quibble Refund Guarantee”. If you decide you no longer wish to have driving lessons through RED, we will refund any funds remaining in your Client Account in line with the refund terms below, without charge.
For security reasons, any refund of your funds will be made back to the card from which the original payment was taken. If for any reason those card details have become invalid before any refund can be made, RED reserves the right to verify the identity of the person requesting the refund and seek verification of the validity of any alternative card or bank account details provided by you.
Our “No Quibble Refund Guarantee” only applies to funds initially paid to RED and held on your behalf in the Client Account.
Any funds paid directly to your instructor are not protected by this guarantee.
Funds paid to RED for prepaid driving lessons to be provided by your instructor must be applied to driving lessons by you within six months of the date of your original payment to RED. You acknowledge that after the expiry of this six month period, you will not be entitled to a refund of any funds not applied to driving lessons or to utilise these funds for booking further driving lessons. If, at any point during this six month period you determine that you do not wish to take any more of your prepaid driving lessons, you are entitled to a refund of the balance of your funds. To request a refund, contact RED here.
You can only pay for driving lessons via the methods outlined above. You cannot pay for driving lessons via any other method and neither RED nor your instructor accept any liability for monies for lessons paid for by any other method than those outlined above. We do not for example arrange driving lessons through any social media channel or auction site or any other website. Where a partner promotion offers discounted lessons, a promotion code will be provided to enable you to purchase the discounted lessons on our website or through our contact centre. If you are in any doubt about the validity of any offer you find, online or elsewhere, for driving lessons with a RED instructor, please contact RED for advice.
A booking fee of £3.49 (inc VAT) is payable for any lesson package including blocks of cash or gift vouchers purchased though RED. We charge this fee to administer the booking process on your behalf between you and your instructor and to contribute to the cost of administering your funds in the Client Account. This fee is non-refundable.
A Digital Charge of £1.20 (inc VAT) is payable on every hour of lessons purchased through RED. We charge this fee to make a contribution to providing secure technology for all customer transactions, provide the best learning resources and allow us to continue to support customers throughout their time with RED. In the event that a refund for prepaid lessons is requested and processed in line with our Refund Policy above, the Digital Charge will also be refunded in proportion to the percentage of the original purchase being refunded.
Find out more on our Digital Charge here.
You and your instructor are responsible for agreeing such matters as the timing, location and duration of individual driving lessons.
You must notify your instructor of any matters existing at any time that may affect your ability or entitlement to have driving lessons, for example, but not limited to, any lack, or loss, of a valid driving licence.
Your instructor cannot guarantee that they will be available each time you choose to request a driving lesson. It is your responsibility to agree and confirm the timing of lessons with your instructor.
Driving lesson prices vary throughout the UK and therefore the driving lesson prices quoted to you when you pay are only applicable in the postcode area the driving lesson was purchased for. If you subsequently choose to take a driving lesson in an alternative location, the prevailing driving lesson price in the new area could be different from the original driving lesson price quoted or paid. In such an event, the number of hours of driving lessons purchased will be adjusted up or down to reflect the change in driving lesson price.
The price per hour for driving lessons may change from time to time but other than in the circumstances noted immediately above in respect of a change of area for driving lesson delivery, driving lessons purchased prior to such a change will be delivered at the price originally paid.
You must give at least 48 hours’ notice to your instructor if you wish to cancel or re-arrange a booked driving lesson. Failure to do so may result in your instructor charging you the full amount for that driving lesson.
Any disputed transaction will be promptly and fully investigated by RED. The result of the investigation will be communicated to both parties. No payment from your funds in your Client Account will be made to either party until the investigation has been completed to the satisfaction of RED.
You cannot sell or transfer driving lessons which have been purchased in your name to any other person.
Paying Your Instructor Directly
You can also pay for lessons by paying your instructor directly without involving RED. Your instructor will confirm which payment methods they can accept. If you pay your instructor directly you should obtain a receipt. RED does not accept any responsibility for any payments you make directly to your instructor.
The voucher promoter is: RDS DRIVING SERVICES LIMITED, Pavilion 6, Coxwold Way, Belasis Technology Park, Billingham, TS23 4EA.
A short notice test is when there is two weeks or less from the date of the first planned driving lesson to the booked driving test date. Before making a booking or payment for a short notice test, please be aware of the following terms and conditions:
Your instructor and/or RED are not liable to you for any loss or damage caused where, and to the extent that:
Your instructor and/or RED shall not, in any event, be liable for losses relating to any business interests you may have including, without limitation, lost profits, loss of opportunity or business or business interruption.
RED is liable for any loss or damage you may incur which is caused directly as a result of any breach (including negligence) by RED of any legal duty owed by RED to you.
Nothing in these Terms and Conditions will affect any statutory rights you may have as a consumer.
Personal data, and/or information about you, that you provide to RED and/or your instructor may be used to:
Your use of the RED website is subject to these terms, and by using the RED website you demonstrate your agreement to such terms. If you do not agree to these terms, please do not use the website. You may copy or print pages from this site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from this site without the express permission of RED. At any time RED may, without notice make changes to this site or to the services or products described in this site. Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. RED, may also make improvements and/or changes in the products described in this information at any time without notice.
The images, logos and names on this website which identify RED or third parties and their products and services are proprietary marks of RED and/or the relevant third parties.
Whilst RED has taken care in the preparation of the contents of this website, this website and the information, names, images, pictures, logos, icons regarding or relating to RED, or the products and services of the same (or to third party products and services), are provided on an “as is” basis without any representation or endorsement being made and without any warranty of any kind, whether express or implied, including but not limited to, any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, all such terms and warranties are hereby excluded. In no event will RED and/or any partner company be liable (whether in contract or tort (including negligence or breach of statutory duty) or otherwise) for any losses sustained and arising out of or in connection with use of this website including, without limitation, indirect or consequential losses, loss of business, loss of profit, loss of data, loss of anticipated revenue or special loss.
RED does not represent that the information contained in this website is accurate, comprehensive, verified or complete, and shall accept no liability for the accuracy or completeness of the information contained in the website or for any reliance placed by any person on the information.
RED does not warrant that the functions or materials accessible from or contained in this website will be uninterrupted or error free, that defects will be corrected or that this website or the server that makes it available are virus or bug free or represent the full functionality, accuracy, reliability of the materials.
Certain (hypertext) links will lead you to websites that are not under the control of RED. When you activate any of these links, you will leave the RED website and as such RED has no control over and will accept no responsibility or liability in respect of, the material on any such other website. By allowing links with third party websites RED does not intend to solicit business or offer any security to any person in any country, directly or indirectly.
Unless otherwise specified, the products and services described in this website are available only to UK residents (excluding the Channel Islands and Isle of Man). The information on this website is not directed at anyone other than UK residents and applications from others will, unless otherwise stated, not be accepted. RED makes no representation that any product or service referred to on the website are appropriate for use, or available in other locations. The information and other materials contained in this website may not satisfy the laws of any other country and those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. The phone numbers provided only apply to phone calls made from within the UK.
These Terms and Conditions and any terms and conditions relating to products or services described in this website shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to the same shall, unless otherwise expressly agreed, be subject to the exclusive jurisdiction of the courts of England and Wales.
RED reserve the right to change these terms and conditions at any time by posting changes on the website. It is your responsibility to review the website terms and conditions regularly to ensure that you are aware of the latest terms and conditions. Your use of this website after a change has been posted will be deemed to signify your acceptance of the modified terms and conditions.
We recommend that you print off and retain for your records a copy of these terms and conditions from time to time and a copy of any terms and conditions relating to any product or service which you apply for on-line, together with any related application form completed and submitted.
This website belongs to RDS DRIVING SERVICES LIMITED (a wholly owned subsidiary of Driving Success Limited) trading as RED Driving School whose registered address is: Pavilion 6, Coxwold Way, Belasis Technology Park, Billingham, TS23 4EA. Registered in England and Wales 7372476.
For any customer service enquiries, please email customerservices@go-red.co.uk
PLEASE NOTE: These terms of business govern the relationship between You as a Client or Supplier respectively and Us as a provider of Services to You in Your capacity as Client or Supplier. Please read these carefully as they affect Your rights under the law and take effect to become binding on You without a requirement for Your signature.
1. Definitions
In this Agreement, the following words have the meanings set out below:
| Business Day | a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business. |
| Charges | the charges payable by the Customer for the supply of the Services by RED, as set out in the Contract Details. |
| Conditions | these terms and conditions set out in clause 1 (Interpretation) to clause 9 (General) (inclusive). |
| Contract | the contract between the Customer and RED for the supply of the Services in accordance with the Contract Details, these Conditions and any Schedules. |
| Control | has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly. |
| Customer Data | the data inputted by the Customer or RED into the Platform for the purpose of the Customer’s use of the Driver Risk Management Services. |
| Customer Materials | all materials, equipment and tools, drawings, specifications and data (excluding Customer Data) supplied by the Customer to RED. |
| Deliverables | all documents, products and materials developed by RED or its agents, subcontractors and personnel as part of or in relation to the Services in any form, including without limitation computer programs (excluding the Platform), data, reports and specifications (including drafts). |
| Driver Risk Management Services | the driver risk management services to be provided by RED to the Customer via the Platform, as set out in the Contract Details and more particularly described in Schedule 1 (as applicable). |
| Driver Risk Management Services Monthly Charge | the amount specified as such in the Contract Details. |
| Driver Risk Management Services Start Date | the day on which RED is to start provision of the Driver Risk Management Services, that being the date specified as the Driver Risk Management Services Start Date in this Contract Details |
| DVSA | Driver and Vehicle Standards Agency. |
| Intellectual Property Rights | patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. |
| Platform | the Driver Risk Management Platform provided by RED as part of the Driver Risk Management Services. |
| RED | RED DRM Limited t/a RED Corporate Training (CRN: 07558039) with registered office address Pavilion 6 Coxwold Way, Belasis Hall Technology Park, Billingham, England, TS23 4EA. |
| Services | the Training Services and/or the Driver Risk Management Services (as applicable), including without limitation any Deliverables, to be provided by RED pursuant to this Contract, as set out in the Contract Details and more particularly described in Schedule 1. |
| . | |
| Subscription Term | the period for which RED is obliged to provide the Driver Risk Management Services to the Customer under and in accordance with this Contract. |
| Training Date(s) | as set out in the Contract Details. |
| Training Services | the training services, including without limitation any Deliverables, to be provided by RED pursuant to the Contract, as set out in the Contract Details and more particularly described in Schedule 1 (as applicable). |
| Training Services Charge | the amount specified as such in the Contract Details. |
| Training Services Start Date | the day on which RED is to start provision of the Training Services, that being the first Training Date specified in the Contract Details. |
| RED IPRs | all Intellectual Property Rights subsisting in the Platform and the Deliverables excluding any Customer Materials incorporated in them. |
Interpretation:
Supply of services
RED:
Customer’s obligations
and RED reserves the right, without liability or prejudice to its other rights to the Customer, to disable the Customer’s access to any material that breaches the provisions of this clause.
Data protection
The parties shall comply with their data protection obligations as set out in Schedule 2 (Data protection).
Intellectual property
Charges and payment
| Notice given: | Percentage of Charge payable |
| within 14 calendar days of the Training Date | 100% of the Charges applicable to the Training Services |
| Between 15 and 30 calendar days prior to the Training Date | 50% of the Charges applicable to the Training Services |
| 30 calendar days or longer prior to the Training Date | £20.00 administration fee plus any costs incurred by RED (plus 10% for any bought in services) |
All cancellations must be made by the Customer in writing.
Limitation of liability
Term and termination
clause 8.4 shall apply but only in respect of those parts of the Services so completed, cancelled or terminated (and references in that clause to termination or expiry shall be construed accordingly) and shall not apply so as to prevent or restrict the performance by the parties of their continuing obligations in respect of those parts of the Services not so completed, cancelled or terminated.
General
Notices
Third party rights.
Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England.
Jurisdiction. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.
1. Vouchers are valid for a period of 12 months from the date of purchase and can be redeemed
by contacting us by phone on 01332 810007 or by email at admin@redtraining.com.
2. You have 14 (fourteen) days after purchasing a voucher to change your mind and cancel your
purchase by contacting us using the details set out above. If you notify us that you have
changed your mind after 14 (fourteen) days, no refund will be available.
3. After booking your Skid Pan Training Course (Course), any amendments you wish to make to
your booking (for example, a change of date) must be requested by you at least 14 (fourteen)
days prior to the date of the Course using the contact details set out above. We will
accommodate amendments where reasonably possible but this is at our sole discretion and
we are under no obligation to do so.
4. You agree on behalf of yourself and/or any other person who will take part in the Skid Pan
Training Course (Course) on whose behalf you are booking (“the Driver”), that you and/or the
Driver:
4.1 will meet the participant guidelines set out on our website on the date of the Course; and
4.2 shall obey all instructions given by our staff or associates on the day of the Course and follow
all rules of the track and venue where the Course is taking place. We reserve our right to end the Course at any time with no liability to you or the Driver if
you/the Driver fail to comply with this clause 4.
5. If we are unable to provide the Course for whatever reason on your chosen date, our liability
to you shall not exceed the total amount that you paid for the Course (except where we are
unable because you and/or the Driver have not complied with these Terms and Conditions in
which case we will have no liability to you). In these circumstances, you can ask for a refund
or to move your booking to a different date (subject to availability).
6. You and/or the Driver will be required to complete and sign an indemnity/damage waiver form
on the day of the Course before you are allowed to participate. If you would like a copy of this
form, please send your request to admin@redtraining.com.
7. We will not be responsible for any loss you suffer if the loss is:
7.1 Unexpected. It was not obvious that it would happen and nothing you said to us before we
accepted your booking meant we should have expected it (so, in the law, the loss was
unforeseeable). Any special circumstances relating to your booking must be notified to us in
writing by email to admin@redtraining.com prior to our acceptance of your booking;
7.2 Avoidable. Something you could have avoided by taking reasonable action, including
following our reasonable instructions; or
7.3 A business loss. It relates to your participation in the Course for the purpose of your trade,
business, craft or profession.
8. Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or
personal injury caused by our negligence or for fraud or any other liability which by law cannot
be excluded or limited.
9. The booking of the Course is personal to you and/or the Driver and you may not transfer the
booking to any other person.
10. Your personal data will be processed in accordance with our Privacy Policy:
www.reddrivingschool.com/privacy/
The below terms and conditions apply to RED Online Webinar Courses, hereafter referred to as Course.
1. Course provider
The Course will be provided by RED and its agents.
2. Booking
When you purchase and book a Course we will send you an automated email confirmation and the information to start your learning journey.
You will be asked to book all Course modules for the purchased Course at the time of the initial booking.
You may be allowed to change the date of a booked module up to 48 hours prior to the commencement of that module, provided there is availability for the same module on an alternative date. If a suitable date is available, you will not be charged for this rebooking.
RED has no obligation to provide alternative dates for module bookings.
You cannot transfer your Course purchase, in whole or in part, to an alternative Course.
It is your responsibility to attend your booked modules. If you fail to attend a module, or leave a module part way through delivery, RED is under no obligation to provide you with an alternative module.
All modules for a purchased Course must be completed within a year from the date of purchase.
If RED need to cancel or postpone a module for any reason, RED will notify you and provide an alternative date for the affected module. If no alternative date is made available to you, the cost of that and any remaining modules of the course, calculated on a straight pro-rata basis, will be refunded. your bookings on any future modules for that course will be cancelled.
3. Payment
Payment will be made through PayPal’s secure online payment process.
You may request a refund up to 14 days from date of purchase provided none of your booked modules have taken place, whether you attended or not.
4. Course materials
We may supply course materials. These are the intellectual property of RED and cannot be copied, reproduced, uploaded, displayed or linked in any way, in whole or part without RED’s prior written permission.
5. Technical capability
The course will be delivered through the Go To Webinar platform. It is your responsibility to have access to, and use of, suitable and compatible hardware and software for course attendance. You can check the hardware and software requirements here: https://support.goto.com/webinar/help/system-requirements-for-attendees-g2w010003
Last Updated: 12th September 2023
Introduction
The following terms of use apply to the use of the RED Complete Driving Theory App application (the “App”). Our privacy policy separately sets out how we use data relating to you and it forms a part of these terms of use (“Terms”). These Terms were last updated on 12 September 2023
1. About the app and these terms of use
1.1. The App allows users to practice for their driving theory test.
1.2. The App is owned and operated by RED Driving School, which is the trading name of RDS Driving Services Limited, a company registered in England and Wales under company number 07372476 and with our registered office at Pavilion 6 Coxwold Way, Belasis Hall Technology Park, Billingham, England, TS23 4EA (“RED”, “we”, “us” or “our”). RDS Driving Services is a subsidiary company of the group of companies headed by Hamilton TOPCO Limited.
1.3. These Terms apply to all uses of the App and form a legal agreement between you and us.
1.4. You must be at least 16 years of age to create an account in the App. By creating an account using the App you understand and accept these Terms, and you agree to be bound by them.
1.5. We may make alterations to these Terms from time to time.
2. Operating system requirements
2.1. Before you purchase, install, and use the App, please ensure that your device: (i) has sufficient memory to use and store the App and meets the system requirements specified by us in connection with the App; and (ii) has Internet access. Please also ensure that your device and Internet access meet the applicable operating requirements.
2.2. By using the App, you confirm that you have the necessary device, hardware, software, and Internet capability required to do so and that we shall have no liability in relation to any device, hardware, software, or anything else required to make use of the App.
3. User accounts
3.1. You will need to register an account to use the App (“Account”), for which you will need to submit certain information and choose a username.
3.2. You warrant and undertake that all information supplied during Account registration is truthful, complete, and correct. If the information you have supplied is incomplete or incorrect you agree to compensate us if we are subject to any claims, damages, expenses, costs, and liabilities (including legal fees), as set out in [CLAUSE 7?]
3.3. You are obliged to ensure all information held about you by us is up to date. You can amend your Account registration details at any time through the App.
3.4. The username chosen by and issued to you upon registration with us is personal to you and is for your use of and access to the App and shall not be disclosed to any third party.
3.5. You should not let anyone else access your Account or do anything else that might compromise the security of your Account.
3.6. You are solely responsible for maintaining the confidentiality of your password and username.
3.7. You are responsible for anything that happens through your Account, and you understand that you are solely liable for all use of your Account undertaken by use of your username and password whatsoever, whether or not such use was authorised by you.
3.8. We may remove or reclaim any usernames at any time and for any reason, including without limitation claims that a username violates a third party’s rights.
3.9. We may suspend or terminate your Account if we are notified of or suspect fraudulent, abusive, or other unlawful activity whatsoever in relation to your Account or if you are otherwise in breach of these Terms.
4. Intellectual property rights
4.1. RED or any applicable third-party licensor reserves all their intellectual property rights in the App and any content available via the App.
4.2. Using the App does not give you any ownership in the App or the content or information made available through the App.
4.3. Unless otherwise specified, all copyright, design rights, database rights, patent rights, trademark and trade dress rights and other intellectual property rights in the App and any content available via the App belong to and vest in us or are licensed to us.
4.4. All third-party trade names and trademarks are the property of their respective owners, and we make no warranty or representation in relation to them.
4.5. If you are a rights owner (or agent acting for a rights owner) and believe that any content made available through the App infringes your intellectual property rights or is any way unlawful and you wish us to remove it or suspend/disable access to it, please send a notice by email to theoryapp@go-red.co.uk with “Notice & Takedown” in the email subject line. In your email you must set out the following information:
4.5.1. Details of the content you claim is infringed, together with a description of where the material that you claim is infringing is located in the App (and such description must be sufficient to enable us to find the alleged infringing material);
4.5.2. Sufficient contact information (including email and telephone number) for us to contact you to discuss your claim;
4.5.3. A statement that: you are the rights holder, or duly authorised by the rights holder to act on their behalf; that you believe in good faith that the use of the content complained of is not authorised by you or the rights owner; that the information you supply in your notice is true.
5. Restrictions and obligations
5.1. You agree to comply with these Terms and all rules applicable to the use of the App.
5.2. You will not (other than to the extent permitted by law):
5.2.1. hack, modify, reverse engineer, or create derivative works of the App or any part of it;
5.2.2. gain unauthorised access to any part of the App;
5.2.3. remove, modify, or obscure any copyright, trademark, or other proprietary notices in the App;
5.2.4. create software which replicates or mimics the data or functionality in the App;
5.2.5. make any part of the App available to a third party who does not agree to these Terms;
5.2.6. copy or exploit any part of the App or the content it contains;
5.2.7. use the App or any part of it unfairly or for any illegal or immoral purpose; or
5.2.8. attempt to do any of the acts listed above.
6. Liability
6.1. We provide and maintain the App on an “as is” and “as available” basis and are liable only to provide our services with reasonable skill and care.
6.2. External Sites have not been verified or reviewed by us and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the App links, or that other users of the App may link to via their public profile.
6.3. We give no other warranty in connection with the App and to the maximum extent permitted by law, we exclude liability for:
6.3.1. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware and including any losses you may incur as a result of any financial investment made by you as a result of your use of the App;
6.3.2. the accuracy, currency or validity of information and material contained within the App;
6.3.3. any interruptions to or delays in updating the App;
6.3.4. any incorrect or inaccurate information on the App;
6.3.5. the infringement by any other person of any copyright or other intellectual property rights of any third party through use of the App;
6.3.6. the availability, quality, content, or nature of External Sites;
6.3.7. any transaction taking place on External Sites;
6.3.8. any transaction with a third-party retailer taking place on the App;
6.3.9. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data, or other property caused by any other person accessing, using, or downloading the App or any part of it;
6.3.10. all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
6.4. We do not warrant that the operation of the App will be uninterrupted or error free.
6.5. We will not be liable in any amount for failure to perform any obligation under these Terms if that failure is caused by the occurrence of an event beyond our reasonable control.
6.6. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory, or otherwise, and all those terms and conditions are hereby excluded to the maximum extent permitted by law.
6.7. You must not use the App in any way which is:
6.7.1. unlawful;
6.7.2. may give rise to civil or criminal liability for us; or
6.7.3. which might call us into disrepute.
6.8. The App is provided as a tool to assist in your preparation for the theory driving test only and you acknowledge that your use of the App does not guarantee that you will pass the theory driving test. To the maximum extent permitted by law our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) in respect of your use of the App will not exceed the total amount of one hundred pounds (£100.00).
7. Indemnity
7.1. You agree to compensate us and keep us compensated from and against all claims, damages, expenses, costs, and liabilities (including legal fees) relating to or arising from your use of the App or arising from any breach or suspected breach of these Terms by you or your violation of any law or the rights of any third party.
8. App developer terms
8.1. The following terms of this clause are the terms which we are required by Apple to notify you of and obtain your consent in respect of using the iOS version of the App (Apple iPad, iPhone etc.):
8.1.1. You acknowledge that these Terms are concluded between you and us only, and not with Apple Inc., nor any subsidiary or affiliate company of Apple Inc., (“Apple”). You also acknowledge that we are solely responsible for the App and the content thereof.
8.1.2. Subject to your compliance with all conditions of these Terms we grant you a non-exclusive, personal, revocable, non-transferable license to use the App on an iOS Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service.
8.1.3. We are solely responsible for providing support and maintenance for the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
8.1.4. You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the App or your possession and/or use of the App, including but not limited to:
8.1.4.1. product liability claims;
8.1.4.2. any claim that the App fails to confirm to any applicable legal or regulatory requirement; and
8.1.4.3. claims arising under consumer protection or similar legislation.
8.1.5. You acknowledge that in the event of a third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, then we shall be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property right infringement claim, and not Apple.
8.1.6. You confirm that:
8.1.6.1. you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and
8.1.6.2. you are not listed on any US Government list of prohibited or restricted parties.
8.1.7. You acknowledge and agree that Apple are third party beneficiaries of these Terms, and that when you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
8.1.8. We use third party software and services provided in the App (explained above). Use of the App is therefore subject also to your acceptance and compliance of these third-party terms and you agree to comply with the applicable third-party terms and conditions when using the App. More information about this can be found in our Privacy Policy.
9. Third party websites and content
9.1. Where we make available links to other websites or apps in the App, such links are provided for your information and convenience only. We are not responsible for the content or performance of the linked website or app, and you are responsible for reviewing the linked websites or app’s terms of use.
9.2. The App includes information provided by third parties. We do not have control over the content of this information, and, subject to clause 6 we disclaim all liability in respect of the accuracy or completeness of that information.
10. Termination
10.1 These Terms take effect upon your download, installation and/or use of the App and remain effective until terminated by either of us. You may terminate these Terms at any time by removing all copies of the App from devices on which you have installed it. These Terms shall automatically terminate if you fail to comply with any term or condition of these Terms. Upon termination you shall cease all use of the App and delete all copies of the App. We may suspend or terminate your access to the App if you do not comply with these Terms, or if you do not comply with our policies as notified to you from time to time.
10.2 We may temporarily discontinue the Website or App, at any time for the purposes of upgrades, maintenance, or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.
10.3 Without prejudice to the other provisions in these Terms, we may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you and the following would apply:
10.3.1 if your use of the App was provided to you free of charge, you will not be entitled to any compensation or any refund; and
10.3.2 if you paid for the App, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for. Where you have not had a reasonable period of opportunity to enjoy the App, we may offer you a partial or full refund.
11. General
11.1. These Terms are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These Terms will not exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent acts or representations.
11.2. These Terms constitute the entire agreement between you and us relating to your use of the App, to the exclusion of any other terms.
11.3. Failure to enforce any term does not constitute a waiver of that term.
11.4. If any part of these Terms is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.
11.5. The App is intended for and directed at the United Kingdom. No representation or warranty is made as to whether the App complies with the laws of any other country.
11.6. These Terms are subject to the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
11.7. We will be entitled to assign and otherwise transfer the agreement under these Terms by giving you reasonable notice, which may include notice given via the App or via the email you have used to register for your Account. You may not assign, sub-licence, transfer or dispose of the rights licensed under these Terms.
11.8. All questions, comments or enquiries should be directed to us. We will try to respond to within 48 hours.
