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Terms & Conditions

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP.

 

WHO WE ARE AND WHAT THIS AGREEMENT DOES  

We Fonotech Ltd trading as “Toot” of Oriel House, 2-8 Oriel Road, Bootle, Merseyside L20 7EP license you to use:

  1. Toot mobile application software, the data supplied with the software, (App) and any updates or supplements to it.
  2. The related online documentation (Documentation).
  3. The service you connect to via the App and the content we provide to you through it (Service).

as permitted in these terms.

 

YOUR PRIVACY  

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in www.toot.co/privacy and it is important that you read that information.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others. 

 

YOUR APP STORE’S TERMS ALSO APPLY  

The ways in which you can use the App and Documentation may also be controlled by the your Apple or Google store rules and policies.

 

SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS  

Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our FAQ’s and support resources at toot.co.

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@toot.co.

How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

 

HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON

In return for your agreeing to comply with these terms you may:

  1. download or stream a copy of the App onto one main smartphone and view, use and display the App and the Service on such device for your personal purposes only.
  2. use any Documentation to support your permitted use of the App and the Service.
  3. provided you comply with the “TOOT LICENCE RESTRICTIONS” below, and
  4. receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

 

YOU MUST BE OF A LEGAL DRIVING AGE TO ACCEPT THESE TERMS 

You must be of a legal driving age or over to accept these terms and use the App.

 

YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App and the Service as set out in these licenced terms.  You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

 

CHANGES TO THESE TERMS

We may need to change these terms to reflect changes in law or best practice or to deal with new features which we introduce. We reserve the right to update the terms at any time and for any reason. We will give you reasonable notice of any material changes to the terms to any Service or other features of the Services.  

If you do not accept the notified changes you may be able to continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you or if not you may need to cease using the App.

 

UPDATE TO THE APP AND CHANGES TO THE SERVICE

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

 

IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

 

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

 

WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)

The App and Service will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use the App and Service, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop us collecting such data at any time by turning off the location services settings on your Smartphone however to do so will prevent the App and Services from functioning.  Users need to select “allow” / “always allow” in the location services for the app to work.

 

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO  

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

 

TOOT LICENCE RESTRICTIONS

You agree that you will:

  1. not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
  2. not copy the App, Documentation or Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Service nor permit the App or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service on devices as permitted in these terms;
  4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  5. is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  6. is not used to create any software that is substantially similar in its expression to the App;
  7. is kept secure; and
  8. is used only for the Permitted Objective;
  9. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

 

ACCEPTABLE USE RESTRICTIONS  

You must:

  1. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
  2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
  3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  4. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  5. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

 

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App, the Documentation and the Service throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

 

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we may, at our discretion, either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are not liable for data loss. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data.

We are not liable for any change in insurance premiums. In no event will we be liable for any loss or damage caused by any change or fluctuation in your or any users insurance premiums. 

Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. 

As the App and Service may give you an overall score relative to other users shown on a leader board which may result in a prize for certain users you accept that the app stores are not involved with the contest and are not a sponsor. 

Check that the App and the Services are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service (as described on the appstore site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and may receive a refund for any Service you have paid for but not received.

 

WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

We may also end your rights to use the app and services by giving one months’ notice 

If we end your rights to use the App and Services:

  1. You must stop all activities authorised by these terms, including your use of the App and any Service.
  2. You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  3. We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

 

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

 

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

 

NO RIGHTS FOR THIRD PARTIES

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

 

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

 

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

LEADER BOARD

The leaderboard will be based on the overall scores achieved by users of the app. Users will need to have driven a minimum of 250 miles / 400 Kilometres to initially enter the leader board and complete a minimum of 125 miles  / 200 Kilometres each month to be eligible to win prizes. The leader board will be updated continually and a monthly prize may be awarded to the highest scoring drivers at the absolute discretion of toot.  

 In the event two or more people have the same score the ranking will be ordered by taking into account the number of infractions for the categories in the following order:

  • Distraction
  • Braking
  • Speeding
  • Acceleration
  • Cornering

For the prize contest rules (the “Prize Rules”) applicable to the leader board please see (link to the Prize Rules).