1 INFORMATION ABOUT US
1.1 This website, (www.drivingtestroutes.uk) (the ‘Website’), is operated by Drive Academy Ltd a Private Limited Company registered in England and Wales with registered partnership number 12537885 and whose registered office address is at 187 Greenfield Crescent, Waterlooville, Hampshire. PO8 9ER (Drive Academy)
1.3 Drive Academy Ltd reserves the right to make changes to the Website or revise the Terms at any time. You shall be bound by the Terms current at the time that you use the Website.
Within the Terms, the following expressions shall have the following meanings unless otherwise stated:
“Files” means all files relating to satellite navigation routes available through the Website;
“Intellectual Property Rights” means all intellectual property rights, howsoever arising and in whatever media, whether or not registered, including, but not limited to: copyright, patents, trade marks, website marks, trade names, registered designs and any applications for the protection or registration of these rights;
“Purpose” means the provision of the Files;
“Product Fee” means the price payable for the relevant Files as shown on the Website as reduced by any applicable voucher reductions;
3.1 You shall pay to Drive Academy Ltd the Product Fee (together with any applicable VAT or other sales tax) as prompted on the Website.
3.2 In consideration of your payment of the Product Fee, Drive Academy Ltd agrees to provide you with copies of the relevant Files in accordance with the Terms.
3.3 Drive Academy Ltd reserves the right, in its sole discretion, not to permit you access to the Website for the Purpose, in which case, Drive Academy Ltd shall reimburse any Product Fee paid by you.
3.4 Drive Academy Ltd may transfer, assign, charge, sub-contract or otherwise dispose of the Terms, or any of Drive Academy Ltd’ rights or obligations arising under the Terms.
4 ACCESS TO THE WEBSITE
4.1 Drive Academy Ltd reserves the right to prevent access to the Website at any time provided that, if you have paid for Files not yet received, Drive Academy Ltd will either send you the Files or reimburse your Product Fee to be decided by Drive Academy Ltd in its abolsute discretion.
5 USE OF THE WEBSITE
5.1 Drive Academy Ltd is the owner or the licensee of all Intellectual Property Rights in the Website and in the material published on it. Except as expressly stated in clause 5.2, the Terms do not grant any rights to you to the Website or in the Website or the materials published on it.
5.2 Other than using the Website and downloading materials from it for the Purpose in accordance with the Terms, you shall not use any part of the Website or the materials contained in it for any other purposes, including for commercial purposes.
5.3 Unless otherwise stated, images, pictures or information contained in the Website may be copyright works and are the exclusive property of Drive Academy Ltd or its licensors. Elements of the Website may also be protected by trade mark, passing off and other laws. Copying or replicating any material contained in the Website may be an infringement of the Intellectual Property Rights of Drive Academy Ltd or its licensors. Drive Academy Ltd’ status (and that of any identified contributors) as the authors of material downloaded from the Website must at all times be acknowledged.
5.4 The use of any extracts from the Website other than in accordance with clause 5.2 is prohibited. If you breach any of the Terms, your permission to use the Website shall automatically terminate and you must immediately destroy any downloaded or printed extracts from the Website.
5.5 Any rights not expressly granted in the Terms are reserved.
6 AVAILABILITY OF THE WEBSITE
6.1 Drive Academy Ltd is not responsible for providing internet connectivity for you.
6.2 Drive Academy Ltd will use reasonable endeavours to minimise the duration of emergency maintenance and any disruption to the availability of the Website.
7 USER CONDUCT
7.1 You shall not use the Website:
7.1.1 in any way that breaches any applicable local, national or international law or regulation;
7.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
7.1.3 to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out below;
7.1.4 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation;
7.1.5 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
7.1.6 in any way that places an unreasonable load on Drive Academy Ltd’ servers or systems, or otherwise interferes in any way with the use of the Website by other users.
7.2 You shall not access without Drive Academy Ltd’ written authority, interfere with, damage or disrupt any part of the Website, any equipment or network on which the Website is stored, any software used in the provision of the Website, or any equipment or network or software owned or used by any third party.
7.3 In relation to chat room, bulletin boards or other areas of the Website to which you or other users of the Website can upload comments or other materials, you shall ensure that your contributions are accurate (where they state facts), and genuinely held (where they state opinions). You shall additionally ensure your contributions:
7.3.1 do not contain any material which is defamatory of any person;
7.3.2 do not contain any material which is obscene, offensive, hateful or inflammatory;
7.3.3 do not promote sexually explicit material;
7.3.4 do not promote violence or any illegal activity;
7.3.5 do not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
7.3.6 do not infringe any copyright, database right or trade mark of any other person, including by copying content from this site, whether by automated or manual means;
7.3.7 are not likely to deceive any person;
7.3.8 are not made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
7.3.9 are not threatening, abusive or invasive of another’s privacy, do not cause annoyance, inconvenience or needless anxiety, and are not likely to harass, upset, embarrass, alarm or annoy any other person;
7.3.10 are not used to impersonate any person, or to misrepresent the identity of any person;
7.3.11 do not give the impression that they emanate from Drive Academy Ltd or in any way represent the views of Drive Academy Ltd;
7.3.12 do not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
7.3.13 do not offer for sale or purchase, or sell or purchase any share, stock or other financial instrument or any other product or service.
7.4 Drive Academy Ltd reserves the right (but not the obligation) to remove or edit any contributions you make to the Website.
7.5 Other than personally identifiable information, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. Drive Academy Ltd shall have no responsibility with respect to such material. You grant Drive Academy Ltd a non-exclusive, royalty-free and fully sub-licensable licence to copy, use, modify, reproduce, publish, distribute and display any material you transmit or post to the Website in any way Drive Academy Ltd determines. Drive Academy Ltd shall also be entitled to use its name in connection with such content.
7.6 Drive Academy Ltd may amend the provisions of this clause 7 by written notice to you from time to time.
7.7 You will indemnify Drive Academy Ltd in respect of any loss or damage arising out of any breach of this clause 7.
8 LINKS TO AND FROM OTHER WEBSITES
8.1 In using the Website, you may be linked to independent third party websites. If you use these links, you leave the Website and Drive Academy Ltd does not control, endorse or accept liability for the content or availability of those websites or changes to offers and pricing that they may offer.
8.2 You may link to the home page of the Website, but you may not under any circumstances link to any other page of the Website, or replicate or frame any pages or content of the Website, or otherwise indicate approval by Drive Academy Ltd of any third party content.
8.3 Drive Academy Ltd does not control, endorse or accept liability for the products or services of any advertisers found on the Website.
9 USER WARRANTIES
9.1 You represent and warrant that:
9.1.1 you are legally capable of entering into binding contracts;
9.1.2 you have all necessary authorisations (including, without limitation, any permissions, consents or approvals required from any regulator, national or local government or any department thereof) to enable or entitle you to enter into and perform your obligations hereunder;
9.1.3 you have fairly disclosed to Drive Academy Ltd all information which may reasonably be considered material to Drive Academy Ltd in deciding whether to provide (or continue to provide) access to the Website;
9.1.4 all information supplied by you to Drive Academy Ltd is true, complete and accurate in all material respects and the email address provided by you to Drive Academy Ltd is a valid email address; and
9.1.5 you will not do anything or omit to do anything, which would cause Drive Academy Ltd to breach any applicable legal or statutory requirements.
10 DRIVE ACADEMY LTD WARRANTIES
10.1 Drive Academy Ltd warrants to you that:
10.1.1 it has full right, power and authority to provide access to the Website to you in accordance with the Terms;
10.1.2 it will comply with all applicable United Kingdom legislation and regulations in the provision of the Website, and obtain and maintain all necessary consents and licences in the United Kingdom;
10.1.3 it will take reasonable steps to ensure that the materials accessible from the Website will not contain any viruses; and
10.1.4 it will use reasonable endeavours to ensure that the Website is accessible at all times and that access to the Website is not interrupted by any event within Drive Academy Ltd’ control, provided that Drive Academy Ltd does not guarantee that the Website will be available at all times and in particular shall not have any liability for any interruptions or any other matters caused by events beyond its reasonable control.
11 LIMITATION OF LIABILITY
11.1 The following provisions set out Drive Academy Ltd’ entire liability (including any liability for the acts and omissions of its employees, agents or sub-contractors) in respect of the Terms and the Website.
11.2 Nothing in the Terms will limit Drive Academy Ltd’ liability for: (i) death or personal injury caused by its negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability to the extent which it cannot be excluded or limited under applicable law.
11.3 Drive Academy Ltd disclaims all express or implied warranties that the Website or any other material provided by Drive Academy Ltd in relation to the Purpose or otherwise:
11.3.1 are accurate, complete or up-to-date, and Drive Academy Ltd shall have no liability to you if it is not; or
11.3.2 will ensure you, or assist or enable you to, receive any kind of benefit when taking any kind of driving test or following any driving route, and Drive Academy Ltd shall have no liability to you if you do not receive any kind of benefit or receive a reduced benefit or suffer a loss when using the Website or the Files.
11.4 Subject to clause 11.2 and to the maximum extent permitted by law, Drive Academy Ltd’ aggregate liability, whether in contract (including under any indemnity), in tort (including negligence), under statute or otherwise under or in connection with the Terms or the provision of access to the Website shall not exceed the Product Fee.
11.5 Subject to clause 11.2 but otherwise notwithstanding any other provision of the Terms, Drive Academy Ltd shall not be liable to you or to any third party, whether in contract (including under any indemnity), in tort (including negligence), under any statute or otherwise for or in respect of any: loss of any kind arising as a result of you following or using any navigation routes; loss of business or profit; loss of savings or anticipated savings; loss of contract or opportunity; loss of goodwill; lost management time; loss or corruption of data and the costs of reconstituting any such lost or corrupted data; or indirect or consequential loss of whatever nature and whether or not reasonably foreseeable, reasonably contemplated, or actually contemplated by Drive Academy Ltd or you at the time of entering into the Terms.
12 TERM AND TERMINATION
12.1 Drive Academy Ltd may terminate your right to use the Website immediately by written notice if the other party:
12.2.1 is in material breach of its obligations and, where the breach is capable of remedy, fails to remedy such breach within 20 days of a written notice from the terminating party, specifying the breach and requiring it to be remedied; or
12.2.2 being a company or limited liability partnership, summons a meeting of its creditors, makes a proposal for a voluntary arrangement, becomes subject to any voluntary arrangement, is unable to pay its debts within the meaning of section 123 Insolvency Act 1986, has a receiver, manager, administrator or administrative receiver appointed over any of its assets, undertakings or income, has passed a resolution for its winding-up (save for the purpose of a voluntary reconstruction or amalgamation) is subject to a petition presented to any Court for its winding-up (save for the purpose of a voluntary reconstruction or amalgamation) is subject to a petition presented to any Court for its administration, has a provisional liquidator appointed, has a proposal made for a scheme of arrangement under section 896 Companies Act 2006 or the Limited Liability Partnerships Regulations 2001 or is the subject of a notice to strike off the register at Companies House or is subject to an administration order, or being an individual is declared bankrupt.
13 EFFECT OF TERMINATION
13.1 Any termination of your right to use the Website for any reason shall not affect any accrued rights or liabilities of either party, nor the coming into force, or the continuance in force, of any provision of the Terms which is expressly or by implication intended to come into or continue in force on or after such termination.
13.2 Upon the termination of your right to use the Website for whatever reason:
13.2.1 Drive Academy Ltd will immediately cease to make access to the Website available to you;
13.2.2 any outstanding Product Fee shall become immediately due and payable by you to Drive Academy Ltd; and
13.2.3 save as otherwise provided in the Terms and subject to any rights or obligations that have accrued prior to termination, neither party shall have any further obligation to the other.
14.1 Any failure or delay by either party in exercising any right, power or remedy available to it shall not in any circumstances impair such right, power or remedy nor operate as a waiver of it. The single or partial exercise by either party of any other right, power or remedy available to it shall not in any circumstances preclude any other or further exercise of it, or the exercise of any other right, power or remedy.
14.2 Any waiver of a breach of, or default under, any of the terms of the Terms shall not be deemed to be a waiver of any subsequent breach or default and shall in no way affect the other terms of the Terms.
15.1 Any demand, notice or communication may be given by hand, sent by post, e-mail or facsimile transmission and shall be deemed to have been duly served:
15.1.1 if delivered by hand, when left at the address last known to the party giving notice;
15.1.2 if given or made by post, when posted;
15.1.3 if given or made by e-mail or facsimile transmission, at the time of transmission.
15.2 Drive Academy Ltd’ address for service of notice is provided at clause 1.1.
16 INVALIDITY AND SEVERABILITY
If any provision of the Terms is held by any court or other competent authority to be unlawful, void, unenforceable in whole or part this shall not affect or impair the legality, validity or enforceability of any other provision of the Terms.
17 ENTIRE AGREEMENT
The Terms and any document expressly referred to in them constitute the entire agreement between Drive Academy Ltd and you with respect to the subject matter of the Terms and (to the extent permissible by law) supersede any prior representation, oral or written agreement, understanding or arrangement between you and Drive Academy Ltd with respect to that subject matter.
18 GOVERNING LAW AND JURISDICTION
The Terms and any non-contractual obligations arising out of or in connection with the Terms are governed by English law and the English courts will have exclusive jurisdiction over any claim arising from or related to your use of the Website.