Drive Aware and Ride Aware terms and conditions
Cheetah Advanced Technologies Limited is a company incorporated in Scotland with company number SC187332 and having its registered office at Birchbrook House, Doune Road, Dunblane, FK15 9ND, UK (“we“, “us“, “our“). Our mobile app is called Ride Aware (the “APP“).
Set out below are the terms and conditions (the “Terms“) you are agreeing to when you use (however you access it from any mobile device) the APP. These Terms cover (i) the download of the APP from any App Store and (ii) use of the APP.
You should read, and ensure that you understand, all of the Terms prior to using the APP. If you do not agree to be bound by these Terms then you should not use or download or use the APP.
1.1 If you buy digital content from us you agree to be legally bound by these Terms.
1.2 When you buy your digital content it will download automatically onto your mobile device. Please check the file size of your digital content carefully as using too much data might mean that you exceed your data limit on your mobile device and you could face paying more than you were expecting.
1.3 This contract is only available in English. No other languages will apply to this contract.
1.5 We reserve the right to alter these Terms from time to time by posting new terms and conditions on our website at DriveAware.app (“Site“). Your continued use of the APP (or any part thereof) following such change will be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine if the Terms have been changed. If you do not agree to any change to the Terms, you must stop using the APP with immediate effect.
2 Ordering digital content from us
2.1 Below, we set out how a legally binding contract between you and us is made. By using this APP, you warrant that you have the right, authority and capacity to enter into and be bound by these Terms.
2.2 Your right to download, install and/or use the APP is also governed by the terms and conditions, as notified to you from time to time as part of the procedure concerning your access to the relevant app store which was used to purchase the APP.
2.3 You place an order for digital content by selecting to download the APP from the relevant app store. Please read and check your order carefully before submitting it. There will be an amount payable per month or per year for the use of the APP (“Subscription Payment“) which shall be deducted from the card and/or account details which were provided by you at the point of order on the specified date (“Specified Date“) and shall be confirmed prior to you submitting your order. You will not be charged any Subscription Payment until 30 days after downloading the APP (“Trial Period“). If you cancel your order by uninstalling the APP before the end of the 30 day period then there will be no charge incurred by you and you will cease to have use of the APP.
2.4 You can cancel your order with us at any time by visiting Google Play or iTunes subscriptions, however if you fail to cancel your order with us before the end of a subscription period, you will be charged for the following month’s Subscription Payment.
2.5 In the event that we have not been able to deduct the Subscription Payment on the Specified Date from any card and/or bank account details provided by you for any reason whatsoever, we may disable your passwords, accounts and access to all or part of the APP and we shall be under no obligation to provide any or all of the APP while the Subscription Payment remains unpaid.
2.6 In any event, before you place your order you must check that the hardware and software requirements of your computer or device mean that you can download the digital content. Please click on the ‘key technical information’ button if you want to see the requirements.
2.6.1 When you place your order at the end of the online purchase process (eg when you click on the subscribe button, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
2.6.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:
184.108.40.206 the digital content is unavailable;
220.127.116.11 we cannot authorise your payment;
18.104.22.168 you are not allowed to buy the digital content from us;
22.214.171.124 we are not allowed to sell the digital content to you; or
126.96.36.199 there has been a mistake on the pricing or description of the digital content.
2.6.3 We will only accept your order when we email you to confirm this (“Confirmation Email“). At this point:
188.8.131.52 a legally binding contract will be in place between you and us; and
184.108.40.206 the digital content will download automatically.
2.7 We do not represent that any material on the APP is appropriate for use in locations other than the United Kingdom and will not be liable for any losses incurred as a result of such use. If you choose to access the APP from other locations, you are responsible for compliance with local laws if, and to the extent, such local laws are applicable.
2.8 We do not represent or guarantee the truthfulness, accuracy or reliability of any material contained on or obtained by using the APP. All such material is intended as information only and does not constitute advice. You acknowledge and agree that any reliance on material contained on or obtained via the APP is at your own risk.
2.9 We make no warranty that the contents of the APP are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
2.10 We have taken every care in the preparation of the content of the APP, however we cannot guarantee uninterrupted and totally reliable access to services provided through the APP, and therefore cannot guarantee that the information will always be completely up to date and free of mistakes. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on or obtained via the APP and will accept no liability for any loss or damage arising as a result of problems with access.
2.11 We shall not be liable to any person for any loss or damage howsoever caused which may arise from the use of any of the information and materials contained on or obtained via the APP.
3 No right to cancel this contract once downloading starts
3.1 When you buy the digital content:
3.1.1 you have no right to cancel this contract once the automatic downloading of it starts other than in accordance with clause 2.2; and
3.1.2 you must read the following statement, agree to it, and tick the relevant box when buying the digital content: ‘I hereby consent to immediate performance of this contract when clicking on the ‘pay now’ button and acknowledge that I will lose my right of withdrawal from the contract once the automatic download of the digital content has begun’.
4 Permission to use the digital content
4.1 When you buy the digital content and download it, you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this contract.
4.2 The digital content:
4.2.1 is personal to you. You can use it wherever you want in the world but only if you comply with local laws;
4.2.2 is non-exclusive to you. We may supply the same or similar digital content to other users;
4.2.3 may not be:
220.127.116.11 copied by you except for a reasonable number of necessary back-ups;
18.104.22.168 changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
22.214.171.124 combined or merged with, or used in, any other computer program; or
126.96.36.199 distributed or sold by you to any third party,
4.2.4 contains information which is owned by us. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
4.3 Except where you have permission to use the digital content under this clause 4, you will not obtain any rights of ownership or other rights (of whatever nature) in the digital content or in any copies of it.
5.1 Once you have clicked on the ‘pay now’ button (see clause 4.5.1) and received the Confirmation Email the digital content will download automatically.
5.2 If something happens which:
5.2.1 is outside of our control; and
5.2.2 affects you being able to download the digital content;
we will make the digital content available for download as soon as we can. If your mobile device blocks the automatic download of the digital content or the automatic download does not start, you may still have the right to cancel the contract.
6 Information which you upload
Any information which you submit to us through the APP, shall be used by us in the course of business and you hereby warrant that you are the owner of any material uploaded to the APP and grant to us a non-exclusive, perpetual, royalty free licence to use that information in so far as necessary to enable us to provide the APP.
Once you have downloaded the APP, it is essential for the APP to operate that it accesses the location of your mobile device.
8 System requirements
8.1 In order to use the APP, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (“Software Requirements“).
8.2 The Software Requirements are as follows: Android OS devices running Android OS 5 or later; Language: English. Apple iOS devices running iOS 10.0 or later; Language: English.
8.3 The version of the APP software may be upgraded from time to time to add support for new functions and services.
8.4 The usage of the APP can be optimized and improved by using hardware which is available to purchase from our Site when accessing the APP, however this is not required for the APP to be functional.
9.1 We will use reasonable efforts to make the APP available at all times. However you acknowledge the APP is provided over the internet and mobile networks and so the quality and availability of the APP may be affected by factors outside our reasonable control.
9.2 We do not accept any responsibility whatsoever for unavailability of the APP, or any difficulty or inability to download or access content or any other communication system failure which may result in the APP being unavailable.
9.3 We have taken every care in the preparation of the content of the APP, however we cannot guarantee uninterrupted and totally reliable access to the APP, and therefore cannot guarantee that the information will always be completely up to date and free of mistakes. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on or obtained via the APP and will accept no liability for any loss or damage arising as a result of problems with access.
9.4 We may suspend the operation of the APP or any part of it at any time and for any reason whatsoever, including but not limited to repairs or upgrades, and shall not be liable to you for any such suspension.
9.5 We will not be responsible for any support or maintenance for the APP.
10 Data protection
11 Nature of the digital content
11.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that the digital content:
11.1.1 is of satisfactory quality;
11.1.2 is fit for purpose; and
11.1.3 matches its description.
11.2 We must provide you with digital content that complies with your legal rights.
11.3 When we supply the digital content:
11.3.1 we will use all reasonable efforts to ensure that it is free from defects; viruses and other malicious content
11.3.2 we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our website; and
11.3.3 you acknowledge that there may be minor errors or bugs in it.
12 Faulty digital content
12.1 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
12.2 To avoid faults happening, you must:
12.2.1 install any fixes, updates, upgrades, new releases and new versions as soon as reasonably possible after we tell you that they are available to be downloaded; and
12.2.2 use it only on the recommended third party software and equipment set out in the guide to its use or on our website.
13 End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
14 Limit on our responsibility to you
14.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:
14.1.1 losses that:
188.8.131.52 were not foreseeable to you and us when the contract was formed; or
184.108.40.206 that were not caused by any breach on our part
14.1.2 business losses; and
14.1.3 losses to non-consumers
15.1 We will try to resolve any disputes with you quickly and efficiently.
15.2 If you are unhappy with:
15.2.1 the digital content;
15.2.2 our service to you; or
15.2.3 any other matter,
please contact us as soon as possible.
15.3 If you want to take court proceedings, the courts of England and Wales shall have exclusive jurisdiction in relation to this contract.
15.4 The law of England and Wales shall apply to this contract.
16 Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.