PLEASE READ THESE ROADHOW PREMIUM SUBSCRIPTION TERMS AND CONDITIONS CAREFULLY BEFORE SUBSCRIBING TO ROADHOW PREMIUM
What these terms cover. These are the terms and conditions that govern your paid subscription to RoadHow Premium (Premium Subscription Terms and Conditions).
Apple or Google's terms will also apply. Depending on which app store you use (either Google’s Google Play or Apple’s App Store), additional terms shall apply:
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.
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.
Throughout these Premium Subscription Terms and Conditions 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. In particular, the App Store Provider Terms explain how the App Store Provider takes payment from you for your RoadHow subscription and how you can end your subscription.
The App Store Provider Terms will apply instead of these Premium Subscription Terms and Conditions where there are differences between the two.
What these Premium Subscription Terms and Conditions do not cover.
These Premium Subscription Terms and Conditions do not cover:
Your subscription (if any) to the RoadHow Rewards service. This is separate to your subscription to RoadHow Premium. This means that your subscription to RoadHow Rewards is subject to different terms and conditions and is charged separately to your RoadHow Premium subscription. You will have the opportunity to review the RoadHow Rewards Terms and Conditions prior to your subscription to RoadHow Rewards. The App Store Provider Terms will not apply to your RoadHow Rewards subscription.
Your use of the RoadHow App and the RoadHow App Social Network features. The App Store Provider Terms will also apply to your download and use of the RoadHow App generally, whether you have a paid subscription to RoadHow Premium or not.
Why you should read them. Please read these Premium Subscription Terms and Conditions carefully before you decide to subscribe to RoadHow Premium. These Premium Subscription Terms and Conditions tell you who we are, the terms of your subscription, how you and we may change or end your subscription, what to do if there is a problem and other important information. If you think that there is a mistake in these Premium Subscription Terms and Conditions, please contact us to discuss.
Information about us and how to contact us
Who we are. We are Trigen Limited, trading as RoadHow, a company registered in England and Wales. Our company registration number is 11796092 and our registered office is at c/o Browne Jacobson LLP Victoria Square Cs, Victoria Square, Birmingham, United Kingdom B2 4BU.
How to contact us. You can contact us by emailing us at firstname.lastname@example.org, or by writing to us at RoadHow, PO Box 17700, SOLIHULL, B93 3JA.
How we may contact you. If we have to contact you, we will do so by writing to you at the email address you provided to us when you signed up to RoadHow, or via push notifications if you use the RoadHow App and have enabled push notifications.
“Writing” includes emails. When we use the words “writing” or “written” in these Premium Subscription Terms and Conditions, this includes emails.
“RoadHow Premium” refers to our paid for services (including the RoadHow Courses, Driver Profile, and associated features) which can be accessed via our website or the RoadHow App, in accordance with these Premium Subscription Terms and Conditions and the App Store Provider Terms.
Your subscription to RoadHow Premium
Please refer to the App Store Provider Terms for details of when your subscription begins and what type of subscription you have. If you are confused about any of this, please get in touch with us and we can help you.
The ‘RoadHow Courses’
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 on our website or 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. Some courses may only be available by using the RoadHow App.
None of our courses are required to be taken in a vehicle and you must not take courses whilst driving in any circumstances.
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:
RoadRating - representing your collated scores across all RoadHow Courses taken.
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.
Strengths and Weaknesses - individual scores representing your collated strengths and weaknesses for each RoadHow Course taken.
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).
Insurer partners. If 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.
Insurer incentives. 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.
RoadHow’s relationship with your Insurer. 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 of 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.
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.
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 experence (such as collisions or speeding fines) and you acknowledge that RoadHow has no control over this.
Third party car insurance providers. In addition, as part of the RoadHow 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.
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.
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. RoadHow will only share your Driver Profile under the circumstances described in paragraph 4.7.
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.
Our rights to make changes to RoadHow Premium (including the Courses)
Minor changes. We may change RoadHow Premium (including the Courses):
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of RoadHow Premium.
Price and payment
Please be aware that this paragraph 6, and these Premium Subscription Terms and Conditions and the App Store Provider Terms generally, do not apply to your RoadHow Rewards subscription (if you have one). The RoadHow Rewards Terms and Conditions are available on our website.
Insurer funding. You may have agreed with your Insurer, as part of a contract or incentive package your Insurer is offering, that your Insurer will cover the cost of your RoadHow Premium subscription. In these circumstances, no payment will be due from you to RoadHow for the period of funding being offered by your Insurer. Accordingly, except in circumstances where we may owe you compensation, any refund we may owe shall be paid back to your Insurer, rather than to you.
If your Insurer is funding your RoadHow Premium subscription, the paragraphs relating to price and payment in these Premium Subscription Terms and Conditions will not apply to you for the duration of that funding. When your Insurer funding expires, you will either need to:
request further funding from your Insurer; or
begin paying for a RoadHow Premium subscription in accordance with a subscription model of your choice (see paragraph 6.3); or
stop using RoadHow.
Subscription models. Each subscription plan runs in accordance with the subscription models set by the App Store Provider. These can be summarised as follows:
Monthly subscription (payable monthly). This is a pay-monthly subscription, where payment is taken on the same date each month; and
Annual subscription (payable yearly). This is an annual (12-month) subscription, where full payment is taken on the beginning of your subscription.
Renewals. How your subscription to RoadHow Premium renews is detailed in the App Store Provider Terms. Please note that subscription renewals are automatic.
Freemium. We may from time to time, at our discretion, offer subscriptions to you that do not carry a fee, or provide you with the benefit of certain ‘paid for’ subscriptions on a trial basis free of charge (Freemium Subscription). We may withdraw any Freemium Subscription at any time at our discretion. We shall make the duration of any Freemium Subscription to you at the commencement of that Freemium Subscription (Freemium Subscription Period). You may cancel the Freemium Subscription at any time during the Freemium Subscription Period.
Where to find the price for your RoadHow Premium subscription. The price of a RoadHow Premium subscription (which includes any applicable VAT) will be the price indicated on the subscription pages when you go through the sign-up process.
How you must pay. The App Store Provider Terms explain how you must pay for your subscription to RoadHow Premium and what happens if you fail to pay.
What to do if you think a bill is wrong. If you think a bill is wrong, please contact us promptly to let us know and we shall investigate the matter.
Providing RoadHow Premium
When we will provide RoadHow Premium. We will make RoadHow Premium available to you for the duration of your subscription (subject to you, us, or your App Store Provider ending the subscription early).
What will happen if you do not give required information to us. We may need certain information from you so that we can accept your request for a RoadHow Premium subscription and make the RoadHow Courses available to you (for example, driving record and licence details). Usually, all the information we require will be obtained in the subscription process, but if we need any other information we will contact you to ask for this information. If you do not give us this information within a reasonable time of our asking for it, or if you give us incomplete or incorrect information, we may end your subscription (and paragraph 10.2 will apply). We will not be responsible for failure to make RoadHow Premium available to you if this is caused by you not giving us the information we need within a reasonable time of our asking for it. Any information we obtain from you that is personal data will be held in accordance with our Privacy Notice, which can be found at www.roadhow.co.uk/legal/privacy-policy.
Reasons we may suspend your RoadHow Premium subscription. We may have to suspend your subscription to:
deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements;
make changes to the RoadHow website, RoadHow App or RoadHow Courses as requested by you or notified by us to you (see paragraph 5).
Your rights if we suspend your RoadHow Premium subscription due to a technical problem. The App Store Provider Terms explain your rights if this happens.
Your rights to end your subscription
Ending your subscription because of something we have done or are going to do. If you are ending your subscription for a reason set out at 8.1.1 to 8.1.3 below, we will usually refund you for any advance payments that relate to an unused period or portion of your subscription. You may also be entitled to compensation. The reasons are:
we have told you about a material upcoming change to RoadHow Premium or the RoadHow Premium Subscription Terms and Conditions which you do not agree to;
we have told you about an error in the price or description of your RoadHow Premium subscription and you do not wish to proceed;
you have a legal right (whether a statutory right or a common law right) to end the contract because of something we have done wrong; or
you have a right to end your RoadHow Premium subscription under the App Store Provider Terms (in which case the amount of any refund will be governed by the App Store Provider Terms).
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. Please refer to the App Store Provider Terms for more information on your right to cancel.
Ending your monthly subscription where we are not at fault and there is no right to change your mind. You may end your monthly subscription at any time in accordance with the App Store Provider Terms. You will not be entitled to a refund of any fees already paid.
Ending your annual subscription where we are not at fault and there is no right to change your mind. You may end your annual subscription at any time in accordance with the App Store Provider Terms. You will not usually be entitled to a refund of any fees already paid.
How to end your RoadHow Premium subscription (including if you have changed your mind)
Tell us you want to end your RoadHow Premium subscription. To end your RoadHow Premium subscription, please let us know by doing one of the following:
Email. Email us at email@example.com or your App Store Provider.
Online. Complete the subscription cancellation process within the website, RoadHow App, or via the instructions in the App Store Provider Terms (you may be able to cancel using your mobile device settings).
By post. Print off the form found in the App Store Provider Terms and post it to the App Store Provider at the address stated on the form. Or simply write to us or your App Store Provider, providing your name, account number and, where available, your phone number and email address.
If you are exercising your right to change your mind under paragraph 8.2, you may also complete the model cancellation form found in the App Store Provider Terms.
How and when we will refund you. We will issue any refunds via the App Store Provider.
Our rights to end your RoadHow Premium subscription
We may end your subscription if you break these Premium Subscription Terms and Conditions. We may end your subscription at any time by writing to you if:
you breach any of the App Store Provider Terms;
you do not, within a reasonable time of our asking for it, provide us with information that is necessary for us to make the services available to you, for example, driving history and/or driving licence details;
Please note that there may be other circumstances in which the App Store Provider can terminate your subscription. Please read the App Store Provider Terms carefully.
You must compensate us if you break these Premium Subscription Terms and Conditions. If we end your subscription in the situations set out in paragraph 10.1, any refund will be at the discretion of RoadHow and the App Store Provider.
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 Premium Subscription Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the subscription process. The RoadHow Courses are no substitute for instructed driving courses and the RoadHow Courses are not intended to be used by individuals who do not hold a valid UK driving licence.
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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the subscription.
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which was not caused by us failing to use reasonable care and skill, which you could have avoided by following our advice to apply an update offered to you free of charge, or for damage which 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. Subscriptions are for domestic and private use only. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity and our total liability shall be capped at the subscription fees we have received from you in the previous six months.
How we may use your personal information
We will only use your personal information as set out in our Privacy Notice at www.roadhow.co.uk/legal/privacy-policy.
Other important terms
Which laws apply to this contract and where you may bring legal proceedings. These Premium Subscription Terms and Conditions are governed by English law and you can bring legal proceedings in respect of your subscription in the English courts. If you live in Scotland you can bring legal proceedings in respect of your subscription in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of your subscription in either the Northern Irish or the English courts.
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.