Terms of Service

Please read these terms of service carefully. By completing the registration process or using the App through the guest sign-in referred to below and clicking the “accept button” in the App (as defined below) you agree to these terms of service (the “Terms”). If you do not agree with these Terms, click on the “reject button” in the App.

Privacy

We only use any personal data we collect through your use of the App and the Service in the ways set out in these Terms and our privacy policy www.enelx.com/it/en/app/XJuicePassUK/privacy-policy.

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, even if there is a special notice that a particular transmission is encrypted.

Article 1  – General Terms & Conditions
 
1.1          The Services (as defined below) is operated by Juicenet Limited (trading as Enel X), a company incorporated in accordance with the laws of England and Wales with company number 10949960 and whose registered office is at 5 Technology Park, Colindeep Lane, Colindale, London, NW9 6BX. Any reference in these Terms to “we’, “us” or “our” is the reference to Juicenet Limited. Further information about our company is available at enelx.com.
 
1.2          In order to use the Services you must register with the Service in accordance with Condition [x] below. If you are a customer using the Services for your own personal use you shall be known as an "End Customer". If you are a customer using the Services for use in a professional capacity (including as an employee of a business which has a separate contract in relation to the Services with us) you shall be known as a "Business Customer".
 
1.3          The Services  relate to the use of certain electric vehicle charging stations in the United Kingdom. You acknowledge that if you are a:
 
(a)           Business Customer, the electric vehicle charging stations in relation to which you can use the Services in your capacity as a Business Customer is governed by the contract between us and the relevant business; and
 
(b)           Individual Customer, the electric vehicle charging stations in relation to which you can use the Services is as indicated through the App from time to time,

(in each case, an electric vehicle charging station in relation to which you can use the Services as set out above shall be known as an "EV Charging Station").

1.4          Subject to you registering to use the Service, we license you to use:
 
(a)           [Enel X JuicePass] mobile application software, the data supplied with the software (the “App”) and any updates or supplements to it; and
 
(b)           the services you connect to via the App and the content we provide to you through it as described in more detail in Condition [x] (the “Services” or the “Service”),
 
as permitted in these Terms.
 
Article 2  – Services
 
2.1          Our Service is an online platform through which:
 
(a)           registered users of the App may:
 
(i)            Recharge an electric vehicle on the EV Charging Stations to which the user may have access through the App or through the associated  Enel X JuicePass Card (RFID card);
 
(ii)           Visualisation on map of the EV Charging Stations;
 
(iii)          Management (start and interruption) at the EV Charging Station through the App [or with the RFID card];
 
(iv)          Postponed start of the residential charge and configuration of the duration of said charge;
 
(v)           Setting the user's favourite EV  Charging Stations;
 
(vi)          Visualisation of the directions [and estimated timescales] to reach the selected EV Charging Station;
 
(vii)         Unlock of the single electric outlet and start of the recharging process on the selected EV Charging Station, also through the RFID card associated to the profile;
 
(viii)        Monitoring of the charging process;
 
(ix)          Interruption of the charging process through the dedicated button on the App or through the RFID card associated to the profile ;
 
(x)           Notification of the end of the charging service;
 
(xi)          Purchase and association of a RFID card to a profile;
 
(xii)         Automatic payment for the electric charging service, according to the means of payment pre-set in the User profile;
 
(xiii)        Visualization, in a dedicated section, of the history of charging session and of the invoices received;
 
(xiv)        Execution and change of the rate plan;
 
(xv)         Changes to the personal details of the User and of the means of payment associated with the User profile;
 
(xvi)        Association of more profiles to the same account. Each profile shall be characterised by a dedicated rate plan and/or a dedicated visualization of the EV Charging Stations to which the User may have access. The identification of the special profiles shall be performed through entering a unique code in the section of creation of the profile of the app.
 
(b)         guest users of the App may use the following Services:
 
(i)            Charge their electric vehicle on the EV Charging Stations;
 
(ii)           Visualization on map of the EV Charging Stations available;
 
(iii)          Visualization of the directions and estimated timescales to reach the selected EV Charging Station;
 
(iv)          Unlock of the single electric outlet and start of the charging process on the selected EV Charging Station;
 
(v)           Monitoring of the charging process;
 
(vi)          Interruption of the charging process through the dedicated button on the App;
 
(vii)         Notification of the end of the charging service;
 
(viii)        Automatic payment for the electric charging service, through the rate “on consumption basis”.
 
Our Services do not include the provision of the charging of your electric vehicle itself and the obligation to charge your electric vehicle and the EV Charging Station is the responsibility of the third party electricity supplier or provider of the electric charging facility. 
 
Article 3  – Registration & Subscription for the Service
 
3.1          In order to access the Service you must registration to use the App through the App.
 
3.2          The instructions for the registration and subscription for the Service are available in the section “How it works” and further details are available in the section “Frequently Asked Questions” in the App. Registration is currently free, however it requires you to submit to use (or to our Third Party Payment Processor (as defined below) certain personal information, such as:
 
(a)           your full name;
 
(b)           date of birth;
 
(c)           email address;
 
(d)           mobile phone number;
 
(e)           your address in the United Kingdom;
 
(f)            vehicle registration number;
 
(g)           colour, brand and type of your vehicle;
 
(h)           your IP address; and
 
(i)            details of (i) at least one valid payment method (either a credit or debit card details which include cardholder name, card number, CVV code, expiry date, issuing bank etc.) which is issued in your name and which you are authorised to use to make online payments (ii) your residential address [in the United Kingdom] and (iii) your bank account details [in the United Kingdom] which you will submit via our App directly to our [Third Party Payment Processor] on the terms of paragraph 3.6 below.]
 
3.3          You can use the Service as a guest (without being registered), after entering the information to which you are prompted to provide by the App for payment and billing.
 
3.4         [However, if you are an Individual Customer, the activation of the Service shall be subject to the positive outcome of the check carried out by us on the means of payment entered by you during the subscription of the Service. ] [Before you can use the Service, our Third Party Payment Processor may need to collect “know-your-user” information about you and may carry out checks on you electronically and may require documentary evidence to verify this information. If so requested by our Third Party Payment Processor, you agree and consent to provide any additional information and documentary evidence to our Third Party Payment Processor (including, if required, colour copies of your valid identification documents) either via our App or directly to our Third Party Payment Processor. Our Third Party Payment Processor may also use third parties to obtain this information and carry out checks on its behalf, which may include using credit reference agencies. By using the App, you agree and consent that our Third Party Payment Processor may contact you directly through your e-mail address or mobile phone number submitted while registering your Account.  If you do not consent to being contacted by our Third Party Payment Processor or you do not wish to be subject to additional "know-your-user" or credit reference checks by the Third Party Payment Processor or credit reference agencies then you should not proceed with registering for an Account nor use the App.]
 
3.5          Subscription for the Service shall be allowed exclusively to individuals older than 18 years.
 
3.6          [Information submitted by you via our App to our Third Party Payment Processer will be subject to the terms and conditions and privacy policies of that Third Party Payment Processor. We will not have access to any payment or card details submitted by you to the Third Party Payment Processor.]
 
3.7          If you are in a country [other than England] in which another Enel X entity operates the App, you may charge your electric vehicle using the App. However, access to the App and use of the Service in the relevant country may be subject to your acceptance of the terms and conditions and prices applicable in that country.  
 
3.8          You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services and/or our right to suspend or terminate our Service for you.
 
3.9          You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your account username and password at all times.
 
Article 4 – Termination  
 
4.1          Once you have starting charging your electric vehicle at an EV Charging Station you will be required to pay for the electric charge that you have received.
 
4.2          You shall be entitled to terminate the Agreement by sending a request of deactivation of your account, through a written communication to the dedicated email address emobility.enelx.uk@enel.com. We shall deactivate the account within 10 days from the receipt of the email. Should this be the case, any payment due from you in relation to the Services used by you until the deactivation of your account will be payable by and billed to you.
 
4.3          We may terminate this agreement at any time by contacting you if you:
 
(a)           are an Individual Customer and have broken any of your payment obligations to us [or the Third Party Payment Processor];
 
(b)           have broken these General Terms and Conditions;
 
(c)           have provided inaccurate, fraudulent, outdated, or incomplete information to us [or our Third Party Payment Processor];
 
(d)           have violated applicable laws, regulations, or third-party rights; or
 
(e)           are a Business Customer and the agreement between us and the relevant business has been terminated or otherwise entitles us to terminate this agreement.
 
4.4          If we end your rights to use the App and Services:
 
(a)           You must stop all activities authorised by these Terms, including your use of the App and any Services.
 
(b)           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.
 
(c)           [We may remotely access your devices and remove the App from them and cease providing you with access to the Services]
 
Article 5 – Price
 
5.1          Your registration with the Service shall be free.
 
5.2          You shall pay for charging your vehicle at the EV Charging Stations , which is calculated using the kWh drawn from the EV Charging Station. [Such consideration shall be all-inclusive and shall include any cost connected to the use of the Service, except VAT.] Such price shall be calculated in accordance with the procedure set out below.
 
5.3          If you are an Individual Consumer, the price for the Service shall be calculated on the basis of the rate plan selected by you in the App.
 
5.4          If you are a Business Consumer, you will be required to activate the process for us to receive payment from the business you are engaged by under the corporate profile associated with your account by submitting a code provided to you by either us or any of its client / partner. This profile shall have a tariff defined on the basis of the agreement between us and the relevant business.
 
5.5          [Each profile can be characterised by a dedicated visibility of the charging stations on the map.]
 
5.6          In relation to Individual Consumers, we shall be entitled to update at any moment the rate plans by providing notice to you. Any amendment shall be communicated to you by publication in the app and by email sent to you to the email address communicated by you on subscribing for the Service (or as updated by you through the App). Any amendment shall be effective starting from the beginning of the month following that in which we have communicated such amendments in writing. This is without prejudice to your rights to terminate this Agreement, according to the above terms and conditions.
 
5.7          For Individual Consumers, the details of the rate plans shall be available on the dedicated section of the App. You may also modify the rate plan selected in your profile at any time.
 
5.8          [For any profile associated to the account, the client shall be entitled to set a dedicated rate plan.]
 
Article 6  – Billing and payment
 
If you are using the App as a Business Consumer, this section does not apply to you.
 
6.1          The invoice shall indicate debits and/or credits (if any), specifying the relevant Services which have been used. The invoice shall be sent through the email address indicated during the registration process and archived in the section “historic billing” of the App.
 
6.2          The frequency of the billing shall vary depending on the selected rate plan as follows:
 
(a)           Rate plan “on consumption” basis: the invoice shall be issued and sent to you at the end of any recharging session;
 
(b)           [The booking service is available on those charging stations that are managed by Enel X. It might not be guaranteed on those stations that are managed by other operators.]
 
6.3          The payment method shall be specific for every profile associated to the account. The payment shall be taken through the payment method selected by you. If you have indicated two or more payment methods, the payment shall be performed through the one selected by you and defined as primary during the subscription process, or at later time.
 
6.4          [At the first issued invoice that will not be paid, Enel X Italia S.p.A shall inform the Client about the non-payment and will start several debit tentatives.
 
6.5          In case of negative ending of the debit tentatives, Enel X Italia S.p.A. shall inform the Client about the suspension of the payment methods indicated by the Client. The resolution of this issue shall take place if the Client indicates a new valid payment method and the invoice will be paid.
 
6.6          In the opposite case, at a later time, Enel X Italia S.p.A. shall perform another debit tentative. In case of a negative debit tentative, Enel X Italia S.p.A. shall suspend also the Client profile.
 
6.7          The Client profile and the billing shall be automatically reactivated in 7 (seven) days once the Client indicates a new valid payment method and the unpaid invoice will be paid.
 
6.8          Nevertheless, the Client can reactivates the Profile calling the Enel X Italia S.p.A. to the direct number 800 069 850 (from an Italian number) and 0039 02 39623739 (from not Italian number).]
 
6.9          [We will use our trusted third-party payment processors (each, a “Third Party Payment Processer”) to allow you to make and receive all payments, and also manage withdrawals, in relation to the Services. The list of our trusted Third Party Payment Processors (as may be amended from time to time) is available at www[.link to payment processors list.]com. You agree that the choice of the Third Party Payment Processor (from the above list) who will process your payments in relation to the Services will be made at our sole discretion.
 
6.10        By registering for your account [and/or subscribing for the Service as a guest], you acknowledge and agree that your use of the App and the Service is always subject to:
 
(a)           you also registering with and/or creating a suitable account directly with the Third Party Payment Processor;
 
(b)           if required by our Third Party Payment Processor, your acceptance of, and compliance with, the terms and conditions of use and privacy policies of the Third Party Payment Processor (collectively, the “Payment Terms”);
 
(c)           disclosure to the Third Party Payment Processor such personal data, other information and/or documents as required by paragraphs of these Terms and/or may be additionally requested by us or the Third Party Payment Processor from time to time;
 
(d)           satisfactory due diligence and other checks on you as will be conducted by (or on behalf of) the Third Party Payment Processor; and
 
(e)           the right of the Third Party Payment Processor to suspend, terminate or otherwise make unavailable to you payment or any other related services in accordance with the Payment Terms.
 
6.11        Your use of such Third Party Payment Processor’s services will be subject always to that third-party’s terms and conditions of use and privacy policies as the same may be amended from time to time. By accepting these Terms, you are also accepting the terms and conditions of use and privacy policies of the relevant third parties (which are available at www[.link to payment terms.]com.) If you do not consent to being bound by the terms and conditions of use and privacy policies of such third parties then you should not proceed with registering for an Account nor use the App.  We shall not be a party to any agreement between you and the Third Party Payment Processor and/or that third party's terms and conditions of use
 
6.12        Depending on the Payment Terms and/or the preferred payment method designated in your Account:
 
(a)           any payment you will make in relation to the Services will be withheld (acquired) by (or on behalf of) the Third Party Payment Processor directly from your debit/credit card or other payment method designated in your Account; or
 
(b)           [making and receiving by you of any payment in relation to the Services will be subject to opening an electronic money (“e-money”) account for you by the Third Party Payment Processor and (in order to make a payment) topping up by you such e-money account in advance of making the relevant payment in the sufficient sum or within such maximum and/or minimum limits as may be required by the Payment Terms of the Third Party Payment Processor. In that case, any payment which you will make or receive in relation to the Services will be made from or to your e-money account (as applicable).]
 
6.13        Unless any specific payment processing timing is set out in the Payment Terms, our Third Party Payment Processer will facilitate all payments as soon as practicable by using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that the Third Party Payment Processers may use a secondary payment method in your Account, if available.
 
6.14        Any sum which you will load to your e-money account will be held by the Third Party Payment Processer. You may withdraw these sums at any time subject to the Third Party Payment Processor’s Payment Terms regulating such withdrawal and payment of the relevant Service Fee.
 
6.15        Please note that you will not be redirected by our App to the website or other online platform of the Third Party Payment Processer in order to authorise your payment or withdrawal. Once you press the relevant “pay” or “withdraw” buttons in our App, your instruction will be sent directly to the Third Party Payment Processer for processing thereof from your card or e-money account (as applicable). Unless otherwise allowed by the Payment Terms or applicable law, we do not automatically withdraw any payments from your card or e-money account unless you authorise us (and our Third Party Payment Processor) to do so by enabling the relevant function in our App. If you do not enable such function, no amount will be withheld from your card or e-money account unless you voluntarily press the relevant “pay” or “withdraw” buttons in our App.
 
6.16        You shall be solely responsible for determining your own obligations to report, collect, remit or pay any applicable VAT or other indirect sales taxes or income taxes (“Taxes”) which may become due or payable in connection with, or as a result of, your use of the Service.
 
6.17        Tax regulations may require us to collect appropriate tax information from Users, or to withhold Taxes from payments due to Users, or both. If you fail to provide us with any documentation that we determine to be necessary to alleviate our obligation (if any) to withhold Taxes from payments due to you, we reserve the right to freeze all payments, withhold such amounts as required by law, or to do both, until resolution.]
 
Article 7 – RFID Card
 
You shall be entitled to purchase an RFID card in the relevant section of the App. The card will enable you to start and stop charging for public, following the rate plan of the profile to which the card is associated. The card, in order to be activated, will need to be associated through the App to your profile and may be used for any configured profile, but not simultaneously. It is possible to associate the same card for all profiles or different cards for each profile.
 
Article 8  – Discount coupon
 
You shall be entitled to enjoy coupons which you receive granting access to discounts or promotions in relation to the Service. Coupons may be activated through the App by entering the identification code in the section dedicated to the profile or to the payment method on the basis to the characteristics of the coupon. Each coupon shall have a deadline and may be used only once. Any detail concerning the use of coupons are included in the terms set out on each coupon.
 
Article 9  – Our responsibility for loss or damage suffered by you
 
9.1          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.
 
9.2          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.
 
9.3          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.
 
9.4          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 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.
 
9.5          We only supply the App under these Terms for domestic, individual and private use. If you use the App for any commercial, business or re-sale purpose we will have no liability to you under these Terms for any loss of profit, loss of business, business interruption, or loss of business opportunity.
 
9.6          If our provision of the Services or support for the App 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.
 
9.7          We will not be liable to you for any loss arising under these Terms out of or in connection with our compliance with any applicable laws or request of an authorised governmental authority.
 
9.8          Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
 
9.9          We are not responsible to you for any loss or damage which was not caused by a breach by us. In particular we are not responsible for such as damages caused by changes to the modalities, timing and/or supply conditions of the Service caused by malfunctions of vehicles, the technologic equipment, failures of telecommunication providers or in relation to the supply of the electricity itself which is the responsibility of the electricity supplier or the provider of the EV Charging Station. 
 
Article 10 - No resale or commercial use of the Services
 
Your right to use the Services subscribed shall be personal and may not be assigned to anyone. You may not resell or to make any commercial use of the Services, without our prior written consent.
 
Article 11  – Intellectual Property Rights
 
11.1          All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold), on a non-exclusive, revocable basis, to you.
 
11.2          You have no intellectual property rights in, or to, the App or the Services other than the right to use it in accordance with these Terms.
 
11.3          Any content you upload to the App will be considered non-confidential (other than where the content is in relation to a support issue) and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the Service and across different media.
 
Article 12  – Changes to the Service or these Terms
 
12.1          We have the right to make changes, at any time, to the Service, for technical, organisational and / or commercial reasons, provided that such modifications do not prejudice the fulfilment of the main obligations we have agreed to perform.
 
12.2          We have the right to modify, in accordance with Condition 12.3 below, these General Terms Conditions, for technical, organisational and / or commercial reasons.
 
12.3          We shall notify you of any changes referred to in this Condition at the [email] address indicated by you at the time of registration (or as subsequently updated by you in the App_, at least 4 (four) weeks before the relevant change comes into force and their publication on the App. These changes will be deemed accepted by you unless you expressly and in writing contest them within 2 (two) weeks from receipt of the notification by e-mail. Juicenet Limited will inform Clients of this by sending a communication by e-mail to the address indicated by the Customers at the time of registration.]
 
Article 13 -  Location data
 
13.1          Our Service makes use of location data sent from your device. You can turn off this functionality at any time by turning off the location services settings for the App on the device.
 
13.2          If you use the Services, 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 services and to enable us to locate suitable EV Charging Stations.
 
13.3          If you stop us collecting the relevant data by turning off the location services settings for the Service on your device or otherwise, we may not be able to locate any suitable EV Charging Stations for you.
 
13.4          You acknowledge and agree that using location services on your mobile device may:
 
(a)           be interrupted or otherwise affect by the quality and/or availability of the Internet traffic and/or the operating system of your mobile device;
 
(b)           discharge your mobile device’s battery much faster than it may work if you turn off your location services; and
 
(c)           affect (and even substantially reduce) the useable life of your mobile device’s battery,
and that we shall have no liability to your whatsoever if any of the above happens as a result of your use of location services for our App.
 
Location gathering and battery drain of your mobile device will depend (among many other factors) on how often location is computed so that the more frequent location is computed, the more battery is used. We will use our reasonable endeavours to ensure that our Service makes use of location data sent from your device to the reasonable extent required for the operation of our Service and provide you and other users with a good experience while interacting with our App.
 
Article 14 [Voice control
 
14.1          Please note that it is illegal in your country to use hand-held mobile devices while driving or riding your vehicle, unless you have a hands-free access, which may include a voice command. Unless otherwise required by applicable law, you may use your hand-held mobile device in your vehicle if you are safely parked.
 
14.2          If you use our Service while driving or riding your vehicle, you must only use a voice command function available in our App through [Google Voice Actions (read more here) for Android mobile devices or Apple Speech (read more here) for IOS mobile devices]. You can also use a voice command function of our App in other circumstances for your convenience.
 
14.3          Please note that certain models and/or operating systems of mobile devices do not support a voice command function. If your mobile device is one of those or if you decide to turn off our voice command function on your device, you must not use our App while driving or riding your vehicle.
 
14.4          We will not be liable to you for any loss, fine, penalty or any other consequences whatsoever arising in connection with your failure to comply with any applicable law or regulation relating to the use of mobile devices while driving or riding your vehicle.]
 
Article 15 Service information
 
15.1          Each user is and always remains responsible at all times for the accuracy, completeness and correctness of the information submitted to, and displayed on our Service. The Service does not constitute and shall not be construed as a recommendation or inducement to anyone to use any EV Charging Station.
 
15.2          Our Service may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which our Service is advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own terms of use and privacy policies and that we do not accept any responsibility or liability for these terms of use or privacy policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
 
Article 16 - App Store and Google Play terms also apply
 
The ways in which you can use the Service may also be controlled by Apple App Store and Google Play rules and policies and those rules and policies will apply instead of these Terms where there are differences between the two.
 
Article 17 - Support for the App and how to tell us about problems
 
17.1          If you want to learn more about the Services or have any problems using them, please take a look at our support FAQ in the App or send us your questions or comments via the App (through the “Send Feedback” option).
 
17.2          If you think the App or Services are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at emobility.enelx.uk@enel.com or submit your request via the App (through the “Send Feedback” option).
 
17.3          If we need to contact you, we will do so by email, by SMS or through the App, using the contact details you have provided to us.
 
Article 18 How you may use the App, including how many devices you may use it on
 
18.1          In return for your agreeing to comply with these Terms you may:
 
(a)           download or stream a copy of the App onto Android (all mobile phones with Android OS beginning with 4.4 version) and iOS (iPhone X, iPhone 8 Plus, iPhone 8, iPhone 7 Plus, iPhone 7, iPhone 6s, iPhone 6s Plus, iPhone 6, iPhone 6 Plus, iPhone SE, iPhone 5s, iPhone 5c, iPhone 5 with iOS 11 and iOS 12) devices and view, use and display the App and the Services on such devices for your personal purposes only; and
 
(b)           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.
 
Article 19 If someone else owns the phone or device you are using
 
If you download the App or stream the Service 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.
 
Article 20 You may not transfer the Service to someone else
 
We are giving you personally the right to use the App and the Service as set out above. You may not 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.
 
Article 21 Changes to these Terms
 
21.1          We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.
 
21.2          We will give you at least 7 days’ notice of any change by notifying you of a change when you next start the App and/or by posting the amended terms on our website and in the App.
 
21.3          If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
 
Article 22 Update to the App and changes to the Service
 
22.1          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.
 
22.2          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 App and the Services.
 
Article 23 Technical data
 
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.
 
Article 24 Licence restrictions
 
24.1          You agree that you will:
 
(a)           not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;
 
(b)           not copy the App or the Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
 
(c)           not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or the Services nor permit the App or the Services 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 Services on devices as permitted in these Terms;
 
(d)           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; and
 
(e)           comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or the Services.
 
Article 25 Acceptable use restrictions and prohibited activities
 
25.1          You must:
 
(a)           not use the App or the Services 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 or the Services or any operating system;
 
(b)           not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these Terms);
 
(c)           not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
 
(d)           not use the App or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
 
(e)           not collect or harvest any information or data from the App, the Services or our systems or attempt to decipher any transmissions to or from the servers running the Service;
 
(f)            not use the App or the Services in connection with the distribution of unsolicited commercial messages (“spam”);
 
(g)           not discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour;
 
(h)           [at all times comply with the Payment Terms of the Third Party Payment Processor;] and
 
(i)            at all times comply with all applicable law relating to the use of our Service and/or the App, including (but not limited to) the use of your mobile phone or other devices while driving or riding your vehicle.
 
Article 26 We may transfer our agreement with you 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.
 
26.1          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.
 
26.2          No rights for third parties
 
The agreement between us does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the agreement between us.
 
26.3          If a court finds part of the agreement between us to be 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.
 
26.4          Even if we delay in enforcing any terms, we can still enforce it later
 
Even if we delay in enforcing any of these Terms, we can still enforce then 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 the agreement between us, 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.
 
26.5          Which laws apply to these Terms and where you may bring legal proceedings
 
(a)           These Terms are governed by English law and you can bring legal proceedings in respect of the App or the Services in the English courts.
 
(b)          If you live in Scotland, you can bring legal proceedings in respect of the App or the Services in either the Scottish or the English courts.
 
(c)          If you live in Northern Ireland, you can bring legal proceedings in respect of the App or the Services in either the Northern Irish or the English courts.