App Terms Of Use

PLEASE READ THESE ROADHOW APP TERMS OF USE CAREFULLY

If you do not agree to these Terms of Use, please do not use the RoadHow App.

Who we are and what these Terms of Use do
1. We, Trigen Limited, trading as RoadHow, c/o Browne Jacobson LLP, Victoria Square House, Victoria Square, Birmingham, United Kingdom B2 4BU, license you to use:
  1. the RoadHow mobile application, the data supplied with the software, (RoadHow App) and any updates or supplements to it; and
  2. the RoadHow services and features you connect to via the RoadHow App and the content we or other RoadHow App users provide to you through it (RoadHow Services),
  as permitted in these Terms of Use.
Your privacy. Under data protection laws, we are required to provide you with certain information including 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. You can find this information in our Privacy Notice at www.roadhow.co.uk/legal/privacy-policy.
Apple or Google's terms may also apply.
1. Depending on which app store you use (either Google’s Google Play or Apple’s App Store), additional terms shall apply:
  1. If you download the RoadHow App via Google Play, Google Play’s terms of services will also apply. These can be found here: https://play.google.com/about/play-terms/index.html.
  2. If you download the RoadHow App via the App Store, Apple’s Apple media services terms and conditions will also apply. These can be found here: https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html.
2. Throughout these Terms of Use we will refer to Google Play or Apple (as relevant to you) as the App Store Provider, and their terms and conditions as the App Store Provider Terms. The App Store Provider Terms explain your relationship with the App Store Provider and RoadHow’s relationship with the App Store Provider.
3. In particular, the App Store Provider Terms will be relevant to you if you purchase a subscription to RoadHow Premium within the RoadHow App. RoadHow Premium gives you a greater level of access to the RoadHow Services within the RoadHow App (see below). If you purchase a RoadHow Premium subscription, the App Store Provider takes payment from you and the App Store Provider Terms will set out how this payment is taken, how you must pay, and how you can end you subscription to RoadHow Premium. The App Store Provider is also responsible for telling you about the “cooling off period” you are entitled to and other rights that you have in connection with your subscription to RoadHow Premium. If you have any questions about your RoadHow Premium subscription, your App Store Provider should be able to help you, but please get in touch with us if you need to and we will be happy to help you.
4. The App Store Provider Terms will apply instead of these Premium Subscription Terms and Conditions where there are differences between the two. If your App Store Provider is Apple, these Terms of Use will apply instead of Apple’s ‘Standard EULA’ found in Apple’s App Store Provider Terms.
What these Terms of Use don’t cover
1. These Terms of Use do not cover:
  1. any paid subscription you have to RoadHow Rewards (https://roadhow.co.uk/legal/rewards-terms-of-use);
  2. your use of the RoadHow website (https://roadhow.co.uk/legal/website-terms-of-use);
  3. your payments in connection with any RoadHow Premium subscription you have (your App Store Provider Terms apply here – please see the section above).
Support for the RoadHow App and how to tell us about problems
1. Support (including complaints). If you want to learn more about the RoadHow App or our services or have any problems using them, please take a look at our support resources in the RoadHow App or get in touch with us at support@roadhow.co.uk, or by writing to us at RoadHow, PO Box 17700, SOLIHULL, B93 3JA.
2. How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us.
How you may use the RoadHow App
1. In return for your agreeing to comply with these Terms of Use, you may:
  1. download or stream a copy of the RoadHow App onto multiple devices and view, use and display the RoadHow App on such devices for your personal purposes only;
  2. receive and use any free supplementary software code or update of the RoadHow App incorporating “patches” and corrections of errors as we may provide to you.
2. In order to use the RoadHow App you must meet your App Store Provider’s age restrictions. You need to be at least 16 years of age, and hold a driving licence, to subscribe to RoadHow Premium.
You may not transfer the RoadHow App to someone else. We are giving you personally the right to use the RoadHow App and the RoadHow Services as set out above. Whilst you may have sharing rights as set out in the App Store provider’s Terms, you may not otherwise transfer the RoadHow App or the RoadHow Services to someone else, whether for money, for anything else, or for free. If you sell any device on which the RoadHow App is installed, you must remove the RoadHow App from it.
Changes to these Terms of Use
1. We may need to change these Terms of Use to reflect changes in law or best practice or to deal with additional features which we introduce.
2. We will give you at least 7 days’ email notice of any change or notifying you of a change when you next start the RoadHow App.
3. If you do not accept the notified changes you will not be permitted to continue to use the RoadHow App and the RoadHow Service. Please refer to the App Store Provider’s Terms for further information on whether you may be entitled to any refund in this situation.
The RoadHow Service
1. The RoadHow Courses. RoadHow invites drivers to subscribe to RoadHow Premium and undertake online driver training courses over a period of time. The RoadHow Courses last on average approximately 20 minutes and can be taken using the RoadHow App. The RoadHow Courses usually take the format of a series of questions or video ‘hazard perception’ style quizzes, and are designed to make you, through continued practice and improvement, a better driver. Failed courses can be retaken up to five times. Once subscribed to RoadHow Premium, you can take as many of the courses as you like.
  
  None of our courses are required to be taken in a vehicle and you must not take courses whilst driving in any circumstances.
2. Your ‘Driver Profile’. As you continue to take the RoadHow Courses, RoadHow Premium will build up a ‘Driver Profile’, which will clearly identify driving skillsets in which you excel and in which you could improve. This will allow you to target RoadHow Courses which are designed to develop those areas in which you may need further improvement. This Driver Profile will consist of the following real-time cumulative condensed scores:
  1. RoadRating - representing your collated scores across all RoadHow Courses taken.
  2. Willingness to Learn - representing your willingness to learn from any mistakes you have made and how often you are prepared to spend time improving your knowledge.
  3. Strengths and Weaknesses - individual scores representing your collated strengths and weaknesses for each RoadHow Course taken.
  4. Manipulation Index - representing your attempts, if any, to try to manipulate the RoadHow Courses to dishonestly improve your Driver Profile (this measure is to identify attempted fraud and cheating).
  Please note that you will only have access to your Driver Profile if you have a subscription to RoadHow Premium.
3. Insurer partners (RoadHow Premium). If you have a RoadHow Premium subscription and if your car insurance provider (your Insurer) is one of our partners, your Insurer may offer you incentives in exchange for insurance benefits. For example, your Insurer may set a target Driver Profile that needs to be passed within a certain timeframe in exchange for an insurance premium or renewal discount, or in exchange for keeping you insured following a recent driving offence.
4. Insurer incentives (RoadHow Premium). It may be that RoadHow is able to inform you of the incentives that your Insurer is offering, or your Insurer may communicate these to you directly. Either way, any incentive that your Insurer offers you in exchange for undertaking the RoadHow Courses is independent of RoadHow. Therefore, any queries relating to these incentives should be addressed to your Insurer, not RoadHow.
5. RoadHow’s relationship with your Insurer (RoadHow Premium). Your Insurer being able to offer these incentives relies on RoadHow sharing certain information and data with your Insurer. This means RoadHow sharing information relating to which RoadHow Courses you have passed and when, and to your Driver Profile. RoadHow will not share details of RoadHow Courses you fail unless you fail a particular RoadHow Course five times, in which case RoadHow will inform your Insurer of the latest (or fifth) fail only. Please be aware that multiple repeated failures of RoadHow Courses may therefore have a negative impact on your insurance premium.
6. The circumstances in which RoadHow will share your personal information with your Insurer can be found in our Privacy Notice, which can be found at www.roadhow.co.uk/legal/privacy-policy. We will not share your Driver Profile with any insurer if you do not have a RoadHow Premium subscription.
7. Your contract of insurance.Your contract of insurance will at all times remain between you and your Insurer. Your insurance may also fluctuate based on your driving and behaviours outside of the RoadHow experience (such as collisions or speeding fines) and you acknowledge that RoadHow has no control over this.
8. Third party car insurance providers (RoadHow Premium). In addition, as part of the RoadHow Premium Service, third party car insurance providers (whether they are one of our insurer partners or not) will be able to offer you better informed quotations on the basis of your Driver Profile. In order for you to benefit from better informed insurance quotations from other car insurance providers, we will share your Driver Profile with these providers if (and only if) they are creating an insurance quotation for your consideration.
9. The circumstances in which RoadHow will share your personal information with third party car insurance providers can be found in our Privacy Notice, which can be found at www.roadhow.co.uk/legal/privacy-policy.
10. If your Insurer is not a RoadHow insurer partner. If your Insurer is not one of our partners then you will still be able to subscribe to RoadHow Premium in the usual way. However, you may not be able to benefit from any insurer incentives associated with RoadHow. In this situation, RoadHow will only share your Driver Profile for the purposes of third party insurance quotations given at your request (as described above).
11. Security. In order to prevent fraudulent use of our services, RoadHow requires access to your laptop/desktop webcam and/or your mobile phone camera (if you are completing RoadHow Courses using the RoadHow App). RoadHow will take images of you whilst you complete RoadHow Courses, using facial recognition software to match these images against the driving licence or passport photo you provided when subscribing to RoadHow Premium. This will enable RoadHow to be sure it is you undertaking the RoadHow Courses. RoadHow will never share these images with any third party, and you will be able to access all images taken from your RoadHow account.
Update to the RoadHow App and changes to the RoadHow Service
1. From time to time we may automatically update the RoadHow App and change the RoadHow Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the RoadHow App for these reasons. In order to provide updates, we may need to temporarily suspend your access to the RoadHow App.
2. 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 RoadHow App and the RoadHow Services.
3. The RoadHow App will always work with the current or most recent previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
If someone else owns the phone or device you are using. If you download or stream the RoadHow 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 of Use, whether or not you own the phone or other device.
We are not responsible for other websites you link to. The RoadHow App or RoadHow 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.
Licence restrictions
1. You agree that you will:
  1. except in the course of permitted sharing as above, not rent, lease, sub-license, loan, provide, or otherwise make available the RoadHow App or the RoadHow Services in any form, in whole or in part to any person without prior written consent from us;
  2. not copy the RoadHow App or RoadHow Services, except as part of the normal use of the RoadHow 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 RoadHow App or RoadHow Services nor permit the RoadHow App or the RoadHow Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the RoadHow App and the RoadHow Services on devices as permitted in these Terms of Use;
  4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the RoadHow App or the RoadHow 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 RoadHow App to obtain the information necessary to create an independent program that can be operated with the RoadHow App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
    1. is not disclosed or communicated without the RoadHow'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;
    2. is not used to create any software that is substantially similar in its expression to the RoadHow App;
    3. is kept secure; and
    4. is used only for the Permitted Objective;
  5. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the RoadHow App or any RoadHow Service.
The RoadHow App social network and forum
1. Where we provide any interactive service such as the RoadHow App social network or any other forum or chat room (Interactive Services) we will not usually proactively moderate that service other than through filtering certain words and phrases which we deem a breach of our Acceptable Use Restrictions. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the RoadHow App, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the Interactive Service is moderated or not.
2. The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any interactive service should be made aware of the potential risks to them.
3. When we consider that a breach of the RoadHow Acceptable Use Restrictions (see below) has occurred, this will be deemed a material breach of these Terms of Use and we may take such action as we deem appropriate. For example, we may take all or any of the following actions:
  1. immediate temporary or permanent withdrawal of your right to use the RoadHow App and RoadHow Services;
  2. immediate temporary or permanent removal of any material uploaded by you to the RoadHow App;
  3. issue of a warning to you;
  4. commence legal proceedings against you for reimbursement of all costs resulting from the breach;
  5. further legal action against you; and
  6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
4. We exclude our liability for all action we may take in response to breaches of our Acceptable Use Restrictions. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
5. If you spot anything which you think could be a breach of our Acceptable Use Restrictions, please report it to us immediately via the reporting button in the RoadHow App (which can be found on posts themselves) or get in touch with us by email at support@roadhow.co.uk, or by writing to us at RoadHow, PO Box 17700, Solihull, B93 3JA.
Acceptable Use Restrictions
1. You must:
  1. not use the RoadHow App or any RoadHow Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses or harmful data, into the RoadHow App, any RoadHow Service or any operating system;
  2. not infringe our intellectual property rights (for example, copyright or trade mark) or those of any third party in relation to your use of the RoadHow App or any RoadHow Service, including by the submission of any material to the RoadHow App (for example, via posting in the RoadHow App social network or forums) to extent that such use is not licensed by these Terms of Use;
  3. not transmit any material which:
    1. is not accurate (where it states facts), is deceitful, or is not compliant with the law of England and Wales of or the country from which it was posted;
    2. is defamatory, offensive, discriminatory or otherwise objectionable in relation to your use of the RoadHow App or any RoadHow Service;
    3. promotes sexually explicit material, includes child sexual abuse material, promotes violence generally or any illegal content;
    4. may upset, embarrass, alarm or annoy any other person;
    5. impersonates any person or misrepresents your identity or affiliation with any person;
    6. contains a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  4. not use the RoadHow App or any RoadHow Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  5. not collect or harvest any information or data from any RoadHow Service or our systems or attempt to decipher any transmissions to or from the servers running any RoadHow Service; and
  6. not to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
Intellectual property rights
1. All intellectual property rights in the RoadHow App and the RoadHow Services throughout the world belong to us (or our licensors) and the rights in the RoadHow App and the RoadHow Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the RoadHow App or the RoadHow Services other than the right to use them in accordance with these Terms of Use.
2. In respect of material that you transmit to the RoadHow App (for example, via our Interactive Services) and which contains intellectual property rights that you own you grant RoadHow a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, and translate that material. This licence will end when you delete your material from the RoadHow App unless:
  1. for technical reasons we cannot delete the material immediately;
  2. another RoadHow user has shared or otherwise stored your material; or
  3. we need to keep the material to investigate a potential breach of the RoadHow Acceptable Use Restrictions,
  in which case the licence shall end when we delete the material.
3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products and services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights are contained in the Consumer Contracts Regulations 2013.
4. How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your subscription to RoadHow Rewards. If you cancel after you have started using RoadHow Rewards, and you have acknowledged that your right to cancel may be affected by beginning the RoadHow Rewards, you must pay us for the services you have used up until the time you tell us that you have changed your mind.
5. Ending your annual subscription (payable monthly) where we are not at fault and there is no right to change your mind. If you are paying monthly for an annual subscription, you may end it at any time. However, RoadHow will continue to take monthly payments until the point in time at which your Initial Period or Renewal Period was due to expire. For example, if you subscribed to an annual (pay monthly) subscription on 22 May 2020 and decided to cancel it on 26 February 2021, RoadHow would continue to take monthly payments until 22 April 2021 (i.e. the end of your Initial Period).
6. Ending your annual subscription (payable yearly) where we are not at fault and there is no right to change your mind. If you have paid for an annual subscription, you may end it at any time. However, you will usually not be entitled to a refund of fees already paid.
Our responsibility for loss or damage suffered by you
1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms of Use 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 of Use, both we and you knew it might happen.
2. 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.
3. 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 will 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.
4. We are not liable for business losses. The RoadHow App is for domestic and private use. If you use the RoadHow 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.
5. Limitations to the RoadHow App and RoadHow Services. The RoadHow App is provided for mobile access to the RoadHow Services only. The RoadHow App and the RoadHow Services are no substitute for instructed driving courses and the RoadHow Services are not intended to be used by individuals who do not hold a valid UK driving licence.
  
  Do not use the RoadHow App or the RoadHow Services whilst driving a vehicle in any circumstances.
6. Please back-up content and data used with the RoadHow App. We recommend that you back up any content and data used in connection with the RoadHow App, to protect yourself in case of problems with the RoadHow App or the RoadHow Service.
7. We do not promise that your access to the RoadHow App will be uninterrupted or error free. However, we will use reasonable skill and care in making the RoadHow App and RoadHow Services available to you.
8. We are not responsible for events outside our control. If our provision of the RoadHow Services or support for the RoadHow App or the RoadHow Services is delayed or hampered 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. Please refer to your App Store Provider Terms for information on whether you may be due a refund in this situation.
We may end your rights to use the RoadHow App and the RoadHow Services if you break these Terms of Use
1. We may end your rights to use the RoadHow App and RoadHow Services at any time by contacting you if you have broken these Terms of Use in a serious way (this includes any failure to abide by our ‘Acceptable use restrictions’ listed above).
2. If we end your rights to use the RoadHow App and RoadHow Services:
  1. you must stop all activities authorised by these Terms of Use, including your use of the RoadHow App and the RoadHow Services;
  2. you must delete or remove the RoadHow App from all devices in your possession and immediately destroy all copies of the RoadHow App which you have and confirm to us that you have done this;
  3. we may remotely access your devices and remove the RoadHow App from them and cease providing you with access to the RoadHow Services.
Other important terms
1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Use 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.
2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms of Use to another person if we agree in writing.
3. 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
4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms of Use 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.
5. 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 of Use, 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.
6. Which laws apply to this contract and where you may bring legal proceedings. These Terms of Use 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.
7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact your local Trading Standards Services which can found at https://www.tradingstandards.uk/consumers/support-advice.